NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; Miscellaneous Metal Parts and Products; Plastic Parts and Products; Large Appliances; Printing, Coating, and Dyeing of Fabrics and Other Textiles; and Metal Furniture Residual Risk and Technology Reviews, 41100-41161 [2020-05908]

Download as PDF 41100 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2019–0314, EPA–HQ–OAR– 2019–0312, EPA–HQ–OAR–2019–0313, EPA–HQ–OAR–2017–0670, EPA–HQ–OAR– 2017–0668, EPA–HQ–OAR–2017–0669; FRL–10006–70–OAR] RIN 2060–AT49 and RIN 2060–AT72 NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; Miscellaneous Metal Parts and Products; Plastic Parts and Products; Large Appliances; Printing, Coating, and Dyeing of Fabrics and Other Textiles; and Metal Furniture Residual Risk and Technology Reviews Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The U.S. Environmental Protection Agency (EPA) is taking final action on the residual risk and technology reviews (RTRs) conducted for the Surface Coating of Automobiles and Light-Duty Trucks (ALDT); Surface Coating of Miscellaneous Metal Parts and Products (MMPP); and the Surface Coating of Plastic Parts and Products (PPP) source categories regulated under national emission standards for hazardous air pollutants (NESHAP). These final amendments also address emissions during periods of startup, shutdown, and malfunction (SSM); electronic reporting of performance test results and compliance reports; the addition of EPA Method 18 and updates to several measurement methods; and the addition of requirements for periodic performance testing. Several miscellaneous technical amendments were also made to improve the clarity of the rule requirements. We are making no revisions to the numerical emission limits based on these risk analyses or technology reviews. This notice also finalizes technical corrections to the NESHAP for Surface Coating of Large Appliances; NESHAP for Printing, Coating, and Dyeing of Fabrics and Other Textiles; and NESHAP for Surface Coating of Metal Furniture. DATES: This final rule is effective on July 8, 2020. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of July 8, 2020. The incorporation by reference of certain other publications listed in the rule was approved by the Director of the Federal Register as of June 25, 2004. ADDRESSES: The EPA has established a docket for this action under Docket ID jbell on DSKJLSW7X2PROD with RULES2 SUMMARY: VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 No. EPA–HQ–OAR–2019–0314 for 40 Code of Federal Regulations (CFR) part 63, subpart IIII (ALDT Docket); Docket ID No. EPA–HQ–OAR–2019–0312 for 40 CFR part 63, subpart MMMM, Surface Coating of MMPP Docket; and Docket ID No. EPA–HQ–OAR–2019–0313 for 40 CFR part 63, subpart PPPP, Surface Coating of PPP Docket. All documents in the dockets are listed on the https:// www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov/, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: For questions about this final action for the Surface Coating of ALDT NESHAP, the Surface Coating of MMPP NESHAP, the Surface Coating of PPP NESHAP, and the technical corrections to the NESHAP for Surface Coating of Large Appliances and the NESHAP for Surface Coating of Metal Furniture contact Ms. J. Kaye Whitfield, Minerals and Manufacturing Group, Sector Policies and Programs Division (D243–04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2509; fax number: (919) 541–4991; and email address: whitfield.kaye@epa.gov. For questions about the technical corrections to the Printing, Coating, and Dyeing of Fabrics and Other Textiles, contact Ms. Paula Hirtz, Minerals and Manufacturing Group, Sector Policies and Programs Division (D243–04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–2618; fax number: (919) 541–4991; and email address: hirtz.paula@epa.gov. For specific information regarding the risk modeling methodology, contact Mr. Chris Sarsony, Health and Environmental Impacts Division (C539–02), Office of PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 4843; fax number: (919) 541–0840; and email address: sarsony.chris@epa.gov. For information about the applicability of the NESHAP to a particular entity, contact Mr. John Cox, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, WJC South Building (Mail Code 2227A), 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564–1395; and email address: cox.john@epa.gov. SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: ALDT Automobile and Light-Duty Trucks APA Administrative Procedures Act CAA Clean Air Act CDX Central Data Exchange CEDRI Compliance and Emissions Data Reporting Interface CFR Code of Federal Regulations CRA Congressional Review Act EPA Environmental Protection Agency ERT Electronic Reporting Tool HAP hazardous air pollutant(s) HF hydrogen fluoride HI hazard index HQ hazard quotient HQREL hazard quotient reference exposure limit IBR incorporation by reference ICR Information Collection Request km kilometer MACT maximum achievable control technology mg/m3 milligrams per cubic meter MIBK methyl isobutyl ketone MIR maximum individual risk MMPP Miscellaneous Metal Parts and Products NAAQS National Ambient Air Quality Standard NEI National Emission Inventory NESHAP national emission standards for hazardous air pollutants NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget OSHA Occupational Safety and Health Administration PB–HAP persistent and bioaccumulative HAP PPP Plastic Parts and Products PRA Paperwork Reduction Act RFA Regulatory Flexibility Act RTR residual risk and technology review SSM startup, shutdown, and malfunction TOSHI target organ-specific hazard index tpy tons per year UMRA Unfunded Mandates Reform Act VCS voluntary consensus standards VOC volatile organic compound E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations Background information. On November 1, 2019, the EPA proposed revisions to the Surface Coating of ALDT NESHAP, the Surface Coating of MMPP NESHAP, and the Surface Coating of PPP NESHAP based on our RTR (84 FR 58936). In this action, we are finalizing decisions and revisions for these rules. We summarize some of the more significant comments we timely received regarding the proposed rules and provide our responses in this preamble. A summary of all other public comments on the proposal and the EPA’s responses to those comments is available in the ‘‘Summary of Public Comments and Responses for the Risk and Technology Reviews for the NESHAP for Surface Coating of ALDT; Surface Coating of MMPP; and Surface Coating of PPP,’’ in Docket ID No. EPA– HQ–OAR–2019–0314 for 40 CFR part 63, subpart IIII, Surface Coating of ALDT, Docket ID No. EPA–HQ–OAR– 2019–0312 for 40 CFR part 63, subpart MMMM, Surface Coating of MMPP, and Docket ID No. EPA–HQ–OAR–2019– 0313 for 40 CFR part 63, subpart PPPP, Surface Coating of PPP. A ‘‘track changes’’ version of the regulatory language that incorporates the changes in this action is available in the docket for each subpart. Organization of this document. The information in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. Judicial Review and Administrative Reconsideration II. Background A. What is the statutory authority for this action? B. What are the source categories and how do the NESHAP regulate their HAP emissions? C. What changes did we propose for the source categories in our November 1, 2019, RTR proposal? III. What is included in these final rules? A. What are the final rule amendments based on the risk reviews for these source categories? B. What are the final rule amendments based on the technology reviews for these source categories? C. What are the final rule amendments addressing emissions during periods of SSM? D. What other changes have been made to these NESHAP? E. What are the effective and compliance dates of the standards? F. What are the requirements for submission of performance test data to the EPA? IV. What is the rationale for our final decisions and amendments for these source categories? A. Residual Risk Reviews B. Technology Reviews C. Electronic Reporting Provisions D. SSM Provisions E. Ongoing Compliance Demonstrations V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? B. What are the air quality impacts? C. What are the cost impacts? D. What are the economic impacts? E. What are the benefits? 41101 F. What analysis of environmental justice did we conduct? G. What analysis of children’s environmental health did we conduct? VI. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR part 51 K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act (CRA) I. General Information A. Does this action apply to me? Regulated entities. Categories and entities potentially regulated by this action are shown in Table 1 of this preamble. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION NESHAP source category NAICS code 1 Regulated entities Surface Coating of ALDT ..... 336111, 336112, 336211 ................................................ Surface Coating of MMPP ... 335312, 336111, 336211, 336312, 33632, 33633, 33634, 33637, 336399. 331316, 331524, 332321, 332323 .................................. ALDT assembly plants, producers of automobile and light-duty truck bodies. Automobile parts (engine parts, vehicle parts and accessories, brakes, axles, etc.). Extruded aluminum, architectural components, rod, and tubes. Heavy equipment (tractors, earth moving machinery). Job shops (making any of the products from the MMPP segments). Large trucks and buses. Magnet wire. Prefabricated metal buildings, carports, docks, dwellings, greenhouses, panels for buildings. Metal drums, kegs, pails, shipping containers. Metal pipe and foundry (plate, tube, rods, nails, spikes, etc.). Rail transportation (brakes, engines, freight cars, locomotives). Recreational vehicles (motorcycles, motor homes, semitrailers, truck trailers). Rubber to metal products (engine mounts, rubberized tank tread, harmonic balancers. Structural steel (joists, railway bridge sections, highway bridge sections). Miscellaneous transportation related equipment and parts. Office furniture, except wood. 33312, 333611, 333618 .................................................. 332312, 332722, 332813, 332991, 332999, 334119, 336413, 339999. 33612, 336211 ................................................................ 331319, 331422, 335929 ................................................ 332311 ............................................................................ 33242, 81131, 322214, 326199, 331513, 332439 ......... 331111, 33121, 331221, 331511 .................................... jbell on DSKJLSW7X2PROD with RULES2 33651, 336611, 482111 .................................................. 3369, 331316, 336991, 336211, 336112, 336213, 336214, 336399. 326291, 326299 .............................................................. 332311, 332312 .............................................................. 336212, 336999, 33635, 56121, 8111. 56211 ............... Surface Coating of PPP ....... VerDate Sep<11>2014 18:13 Jul 07, 2020 337214 ............................................................................ Jkt 250001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41102 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION—Continued NAICS code 1 Regulated entities 32614, 32615 .................................................................. Plastic foam products (e.g., pool floats, wrestling mats, life jackets). Plastic products not elsewhere classified (e.g., name plates, coin holders, storage boxes, license plate housings, cosmetic caps, cup holders). Office machines. Radio and television broadcasting and communications equipment (e.g., cellular telephones). Motor vehicle body manufacturing. Motor vehicle parts and accessories. Truck trailer manufacturing. Motor home manufacturing. Travel trailer and camper manufacturing. Transportation equipment not elsewhere classified (e.g., snowmobile hoods, running boards, tractor body panels, personal watercraft parts). Medical equipment and supplies. Sporting and athletic goods. Signs and advertising specialties. Manufacturing industries not elsewhere classified (e.g., bezels, consoles, panels, lenses). Household cooking equipment. NESHAP source category 326199 ............................................................................ 333313 ............................................................................ 33422 .............................................................................. 336211 336399 336212 336213 336214 336999 ............................................................................ ............................................................................ ............................................................................ ............................................................................ ............................................................................ ............................................................................ 339111, 339112 .............................................................. 33992 .............................................................................. 33995 .............................................................................. 339999 ............................................................................ Surface Coating of Large Appliances. 335221 ............................................................................ 335222 335224 335228 333312 ............................................................................ ............................................................................ ............................................................................ ............................................................................ 333415 ............................................................................ 333319 ............................................................................ Printing, Coating, and Dyeing of Fabrics and Other Textiles. 31321 .............................................................................. 31322 .............................................................................. 313241 ............................................................................ 313311 ............................................................................ 313312 ............................................................................ 313320 ............................................................................ 314110 ............................................................................ 326220 ............................................................................ Surface Coating of Metal Furniture. 339991 ............................................................................ 337124 ............................................................................ 337214 ............................................................................ 337127 ............................................................................ 337215 ............................................................................ 337127 332951 332116 332612 335121 335122 ............................................................................ ............................................................................ ............................................................................ ............................................................................ ............................................................................ ............................................................................ jbell on DSKJLSW7X2PROD with RULES2 339111 ............................................................................ 339114 ............................................................................ 81142 .............................................................................. 922140 ............................................................................ 1 North Household refrigerators and freezers. Household laundry equipment. Other major household appliances. Commercial laundry, dry cleaning, and pressing equipment. Air-conditioners (except motor vehicle), comfort furnaces, and industrial refrigeration units and freezers (except heat transfer coils and large commercial and industrial chillers). Other commercial/service industry machinery, e.g., commercial dishwashers, ovens, and ranges, etc. Broadwoven fabric mills. Narrow fabric mills and Schiffli machine embroidery. Weft knit fabric mills. Broadwoven fabric finishing mills. Textile and fabric finishing (except broadwoven fabric) mills. Fabric coating mills. Carpet and rug mills. Rubber and plastics hoses and belting and manufacturing. Gasket, packing, and sealing device manufacturing. Metal household furniture manufacturing. Nonwood office furniture manufacturing. Institutional furniture manufacturing. Showcase, partition, shelving, and locker manufacturing. Institutional furniture manufacturing. Hardware manufacturing. Metal stamping. Wire spring manufacturing. Residential electric lighting fixture manufacturing. Commercial, industrial, and institutional electric lighting fixture manufacturing. Laboratory furniture manufacturing. Dental equipment manufacturing. Reupholstery and furniture repair. State correctional institutions that apply coatings to metal furniture. American Industry Classification System. Table 1 of this preamble is not intended to be exhaustive, but rather to VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 provide a guide for readers regarding entities likely to be affected by the final PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 action for the source categories listed. To determine whether your facility is E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations affected, you should examine the applicability criteria in the appropriate NESHAP. If you have any questions regarding the applicability of any aspect of these NESHAP, please contact the appropriate person listed in the preceding FOR FURTHER INFORMATION CONTACT section of this preamble. jbell on DSKJLSW7X2PROD with RULES2 B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this final action will also be available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this final action at: https:// www.epa.gov/stationary-sources-airpollution/surface-coating-automobilesand-light-duty-trucks-national-emission, https://www.epa.gov/stationary-sourcesair-pollution/surface-coatingmiscellaneous-metal-parts-andproducts-national, and https:// www.epa.gov/stationary-sources-airpollution/surface-coating-plastic-partsand-products-national-emission. Following publication in the Federal Register, the EPA will post the Federal Register version and key technical documents at these same websites. Additional information is available on the RTR website at https:// www.epa.gov/stationary-sources-airpollution/risk-and-technology-reviewnational-emissions-standardshazardous. This information includes an overview of the RTR program and links to project websites for the RTR source categories. C. Judicial Review and Administrative Reconsideration Under Clean Air Act (CAA) section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (the Court) by September 8, 2020. Under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the requirements. Section 307(d)(7)(B) of the CAA further provides that only an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. This section also provides a mechanism for the EPA to reconsider the rule if the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within the period for public comment or if the grounds for VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule. Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460. II. Background A. What is the statutory authority for this action? Section 112 of the CAA establishes a two-stage regulatory process to address emissions of hazardous air pollutants (HAP) from stationary sources. In the first stage, we must identify categories of sources emitting one or more of the HAP listed in CAA section 112(b) and then promulgate technology-based NESHAP for those sources. ‘‘Major sources’’ are those that emit, or have the potential to emit, any single HAP at a rate of 10 tons per year (tpy) or more, or 25 tpy or more of any combination of HAP. For major sources, these standards are commonly referred to as maximum achievable control technology (MACT) standards and must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy requirements, and non-air quality health and environmental impacts). In developing MACT standards, CAA section 112(d)(2) directs the EPA to consider the application of measures, processes, methods, systems, or techniques, including, but not limited to, those that: (1) Reduce the volume of or eliminate HAP emissions through process changes, substitution of materials, or other modifications; (2) enclose systems or processes to eliminate emissions; (3) collect, capture, or treat HAP when released from a process, stack, storage, or fugitive emissions point; (4) are design, equipment, work practice, or operational standards; or (5) any combination of the above. For these MACT standards, the statute specifies certain minimum stringency requirements, which are referred to as MACT floor requirements, and which may not be based on cost considerations. See CAA section 112(d)(3). For new sources, the MACT PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 41103 floor cannot be less stringent than the emission control achieved in practice by the best-controlled similar source. The MACT standards for existing sources can be less stringent than floors 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 best-performing five sources for categories or subcategories with fewer than 30 sources). In developing MACT standards, we must also consider control options that are more stringent than the floor under CAA section 112(d)(2). We may establish standards more stringent than the floor, based on the consideration of the cost of achieving the emissions reductions, any non-air quality health and environmental impacts, and energy requirements. In the second stage of the regulatory process, the CAA requires the EPA to undertake two different analyses, which we refer to as the technology review and the residual risk review. Under the technology review, we must review the technology-based standards and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies)’’ no less frequently than every 8 years pursuant to CAA section 112(d)(6). Under the residual risk review, we must evaluate the risk to public health remaining after application of the technology-based standards and revise the standards, if necessary, to provide an ample margin of safety to protect public health or to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. The residual risk review is required within 8 years after promulgation of the technology-based standards, pursuant to CAA section 112(f). In conducting the residual risk review, if the EPA determines that the current standards provide an ample margin of safety to protect public health, it is not necessary to revise the MACT standards pursuant to CAA section 112(f).1 For more information on the statutory authority for this rule, see the proposal preamble (84 FR 58936, November 1, 2019) and the memorandum, CAA Section 112 Risk and Technology Reviews: Statutory Authority and Methodology, December 1 The Court has affirmed this approach of implementing CAA section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 2008) (‘‘If EPA determines that the existing technology-based standards provide an ‘ample margin of safety,’ then the Agency is free to readopt those standards during the residual risk rulemaking.’’). E:\FR\FM\08JYR2.SGM 08JYR2 41104 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 14, 2017, in the ALDT Docket, MMPP Docket, and PPP Docket. B. What are the source categories and how do the NESHAP regulate their HAP emissions? jbell on DSKJLSW7X2PROD with RULES2 1. What is the surface coating of ALDT source category and how does the current NESHAP regulate its HAP emissions? The NESHAP for the ALDT source category was promulgated on April 26, 2004 (69 FR 22602), and is codified at 40 CFR part 63, subpart IIII. Technical corrections and clarifying amendments were promulgated on December 22, 2006 (71 FR 76922), and April 24, 2007 (72 FR 20227). The ALDT NESHAP applies to any affected source that is a major source, is located at a major source, or is part of a major source of HAP emissions. The affected source is any coating operation that applies topcoats to new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks and/or coatings to other new motor vehicle bodies or body parts for other new motor vehicles; parts intended for use in new automobiles, new light-duty trucks, or other new motor vehicles; or aftermarket repair or replacement parts for automobiles, lightduty trucks, or other motor vehicles. The source category covered by this MACT standard currently comprises 43 facilities. The ALDT NESHAP (40 CFR 63.3176) defines an ‘‘automobile’’ as ‘‘a motor vehicle designed to carry up to eight passengers, excluding vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property,’’ and defines ‘‘light-duty truck’’ as ‘‘vans, sport utility vehicles, and motor vehicles designed primarily to transport light loads of property with gross vehicle weight rating of 8,500 lbs [pounds] or less.’’ The ALDT NESHAP defines a ‘‘coating’’ as ‘‘a material that is applied to a substrate for decorative, protective or functional purposes. Such materials include, but are not limited to, paints, sealants, caulks, inks, adhesives, primers, deadeners, and maskants. Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances are not considered coatings for the purposes of this subpart.’’ (40 CFR 63.3176). This source category is further described in the November 1, 2019, RTR proposal. See 84 FR 58941. The primary HAP emitted from ALDT surface coating operations are organic HAP and include toluene, xylene, glycol VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 ethers, methyl isobutyl ketone (MIBK), ethyl benzene, and methanol. The HAP emissions are from coating application and drying and curing ovens in the ALDT surface coating operations. Some emissions occur from the cleaning of spray booths and equipment. In most cases, HAP emissions from surface preparation, storage, and handling are relatively small (i.e., not quantifiable) for this source category. Although inorganic HAP are reported components of coatings, no inorganic HAP are emitted because of the use of high efficiency spray equipment and filters on coating spray application operations. The NESHAP specifies numerical emission limits for existing sources and for new and reconstructed sources for organic HAP emissions from (1) electrodeposition primer, primersurfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations; (2) primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operation plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations; (3) adhesives and sealers, other than glass bonding adhesive materials; and (4) deadener materials. The specific organic HAP emission limits are in 40 CFR 63.3090 (for new and reconstructed sources) and 40 CFR 63.3091 (for existing sources), and the operating limits are in 40 CFR 63.3093. The emission limits and operating limits are summarized in Tables 2 and 3, respectively, of the memorandum titled Technology Review for Surface Coating Operations in the Automobiles and Light-Duty Trucks Source Category, in the ALDT Docket. Compliance with the ALDT NESHAP emission limits can be achieved using several different options, including a compliant material option, an emission rate without add-on controls option (emissions averaging option), and an emission rate with add-on controls option. For bake ovens used to cure electrodeposition primers, an alternative is to capture the emissions and duct them to a control device having a destruction or removal efficiency of at least 95 percent. Facilities that have multiple paint lines may choose to group operations from two or more paint lines together to demonstrate compliance, or to make a separate PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 compliance demonstration for the operations from each paint line. All ALDT facilities must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, the coating operations. The plan must specify practices and procedures to ensure that a set of minimum work practices specified in the NESHAP are implemented. Those ALDT facilities using add-on controls to comply with the NESHAP must also comply with site-specific operating limits for the emission capture and control system. These operating limits are established during the compliance test for the emission capture system and add-on control device. Alternatively, emission capture systems can meet design and air flow specifications to qualify as a permanent total enclosure with 100-percent capture efficiency. 2. What is the surface coating of MMPP source category and how does the current NESHAP regulate its HAP emissions? The MMPP NESHAP was promulgated on January 2, 2004 (69 FR 130), and is codified at 40 CFR part 63, subpart MMMM. Technical corrections to the final rule were published on April 26, 2004 (69 FR 22602), and December 22, 2006 (71 FR 76922). The MMPP NESHAP applies to owners or operators of metal parts and products surface coating operations at facilities that are major sources of HAP. The source category covered by this MACT standard currently comprises 368 facilities. The MMPP include, but are not limited to, metal components of the following types of products as well as the products themselves: Motor vehicle parts and accessories, bicycles and sporting goods, recreational vehicles, extruded aluminum structural components, railroad cars, heavy-duty trucks, medical equipment, lawn and garden equipment, electronic equipment, magnet wire, steel drums, industrial machinery, metal pipes, and numerous other industrial, household, and consumer products. The MMPP NESHAP does not apply to any surface coating or coating operation that meets the applicability criteria of any one of 11 other surface coating NESHAP, e.g., surface coating of metal components of wood furniture (subpart JJ of 40 CFR part 63), surface coating of metal components of large appliances (subpart NNNN of 40 CFR part 63), and surface coating of metal components of ALDT E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (subpart IIII of 40 CFR part 63). See 40 CFR 63. 3881(c) for a list of exclusions to the MMPP source category. This source category is further described in the November 1, 2019, RTR proposal. See 84 FR 58942. The primary HAP emitted from MMPP surface coating operations are organic HAP and include xylenes, toluene, glycol ethers, ethyl benzene, MIBK, methanol, ethylene glycol, and dimethyl phthalate. The majority of organic HAP emissions can be attributed to the application, drying, and curing of coatings. Inorganic HAP emissions were considered in the development of the MMPP NESHAP, and the EPA determined that inorganic HAP emissions would be very low based on the coating application techniques in place at the time of the rule development. Given the combination of very low usage of coatings containing inorganic HAP in this source category, and the current and expected continued use of controls (dry filters and waterwash systems on spray booths and high efficiency equipment) to reduce overspray emissions, the EPA concluded that levels of inorganic HAP emissions did not warrant federal regulation because those regulations would increase regulatory burden but not be expected to result in additional emissions reduction. The MMPP NESHAP establishes the organic HAP emissions limits for existing sources and for new and reconstructed sources for organic HAP emissions for five subcategories. The five subcategories are (1) general use coating, (2) high performance coating, (3) magnet wire coating, (4) rubber-tometal coating, and (5) extreme performance fluoropolymer coating. Compliance can be demonstrated with a compliant coatings option, where all coatings used have organic HAP contents that individually meet the organic HAP emissions limit, and all thinners and cleaning materials contain no organic HAP; an emission rate without add-on controls option, where the organic HAP emission rate, calculated as a rolling 12-month emission rate and determined on a monthly basis, is equal to or less than the organic HAP emissions limit; or an emission rate with add-on controls option, where the organic HAP emission rate, calculated as a rolling 12-month emissions rate and determined on a monthly basis, taking into account the emissions reduction achieved through the use of one or more emissions capture and control devices, is equal to or less than the organic HAP emissions limit. A facility using the add-on control VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 option must also comply with work practice standards to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, cleaning materials, and waste materials associated with the coating operation(s) and must also comply with operating limits for the emissions capture systems and add-on control devices. The specific organic HAP emission limits for each coating subcategory can be found in 40 CFR 63.3890 and the operating limits in 40 CFR 63.3892. The emission limits and operating limits are summarized in Tables 4 and 5, respectively, of the memorandum titled Technology Review for Surface Coating Operations in the Miscellaneous Metal Parts and Products Category. 3. What is the surface coating of PPP source category and how does the current NESHAP regulate its HAP emissions? The NESHAP for the PPP source category was promulgated on April 19, 2004 (69 FR 20968), and is codified at 40 CFR part 63, subpart PPPP. Technical corrections to the final rule were published on December 22, 2006 (71 FR 76922), and April 24, 2007 (72 FR 20227). The PPP NESHAP applies to owners or operators of PPP surface coating operations at facilities that are major sources of HAP. The PPP include, but are not limited to, plastic components of the following types of products as well as the products themselves: Motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products. The PPP NESHAP does not apply to the surface coating or coating operations that meet the applicability criteria of any of 11 other surface coating NESHAP, e.g., surface coating of plastic components of wood furniture (subpart JJ of 40 CFR part 63), surface coating of plastic components of large appliances (subpart NNNN of 40 CFR part 63), and surface coating of plastic components of ALDT (subpart IIII of 40 CFR part 63). See 40 CFR 63. 4481(c) for a list of exclusions to the PPP source category. This source category is further described in the November 1, 2019, RTR proposal. See 84 FR 58943. The primary HAP emitted from PPP surface coating operations are organic HAP and, based on the 2011 National Emission Inventory (NEI), include xylene, toluene, MIBK, ethylbenzene, styrene, glycol ethers, and methanol, in order of decreasing emissions. These PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 41105 compounds account for about 96 percent of the nationwide HAP emissions from this source category, based on an analysis of the NEI. The source category covered by this MACT standard currently comprises 125 facilities. No inorganic HAP are currently associated with the coatings used in this source category, based on the data in the NEI. The PPP NESHAP specifies numerical emission limits for existing sources and for new and reconstructed sources for organic HAP emissions. The final rule contains four subcategories: (1) General use coating, (2) thermoplastic olefin coating, (3) automotive lamp coating, and (4) assembled on-road vehicle coating. Compliance can be demonstrated with a compliant material option, where the HAP content of each coating used is less than or equal to the applicable organic HAP emissions limit and each thinner, additive, and cleaning material uses no organic HAP; an emission rate without add-on controls option, where the organic HAP emission rate, calculated as a rolling 12-month emission rate and determined on a monthly basis, is equal to or less than the organic HAP emissions limit; or an emission rate with add-on controls option, where the organic HAP emission rate, calculated as a rolling 12-month emissions rate and determined on a monthly basis, taking into account the emissions reduction achieved through the use of one or more emissions capture and control devices, is equal to or less than the organic HAP emissions limit. A facility using the add-on control option must also comply with work practice standards to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, cleaning materials, and waste materials associated with the coating operation(s) and must also comply with operating limits for the emissions capture systems and add-on control devices. The specific organic HAP emission limits for each coating subcategory can be found in 40 CFR 63.4490 and the operating limits in 40 CFR 63.4492. The organic HAP emission limits and operating limits are summarized in Tables 2 and 3, respectively, of the memorandum titled Technology Review for the Plastic Parts and Products Surface Coating Operations Source Category. E:\FR\FM\08JYR2.SGM 08JYR2 41106 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 4. What are the surface coating of large appliances; printing, coating, and dyeing of fabrics and other textiles; and surface coating of metal furniture source categories and how do the current NESHAP regulate their HAP emissions? The three source categories that are the subject of the technical corrections that are being finalized in this action are described in the Federal Register document for the final RTR rule amendments (84 FR 9590, March 15, 2019). jbell on DSKJLSW7X2PROD with RULES2 C. What changes did we propose for the source categories in our November 1, 2019, RTR proposal? On November 1, 2019, the EPA published a proposed rule in the Federal Register for the Surface Coating of ALDT NESHAP, the Surface Coatings of MMPP NESHAP, and the Surface Coating of PPP NESHAP, 40 CFR part 63, subpart IIII, 40 CFR 63, subpart MMMM, and 40 CFR 63, subpart PPPP, respectively, that took into consideration the RTR analyses. We proposed to find that after compliance with the current NESHAP (i.e., MACT standards) the risks to public health from each of the source categories are acceptable, and that for each source category additional emission controls are not necessary to provide an ample margin of safety. Based on our technology review, we did not identify any cost-effective developments in practices, processes, or control technologies for any of the three surface coating source categories. Accordingly, we proposed no changes to the existing emission control requirements in subparts IIII, MMMM, and PPPP pursuant to the RTR analyses. We proposed the following amendments to improve rule effectiveness, provide regulatory flexibility, and comply with a legal ruling: • For each source category, a requirement for electronic submittal of notifications, semi-annual reports, and compliance reports (which include performance test reports); • for each source category, revisions to the SSM provisions of each NESHAP in order to ensure that they are consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008), which vacated two provisions that exempted source owners and operators from the requirement to comply with otherwise applicable CAA section 112(d) emission standards during periods of SSM; • for each source category, adding the option of conducting EPA Method 18 of appendix A to 40 CFR part 60, VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and then subtract methane emissions from measured total gaseous organic mass emissions as carbon; • for each source category, removing references to paragraph (d)(4) of the Occupational Safety and Health Administration (OSHA) Hazard Communication standard (29 CFR 1910.1200), which dealt with OSHAdefined carcinogens, and replacing that reference with a list of HAP that must be regarded as potentially carcinogenic based on the EPA guidelines; • for each source category, a requirement to perform performance testing and reestablish operating limits no less frequently than every 5 years for sources that are using add-on controls to demonstrate compliance; and • for each source category, IBR of alternative test methods and references to updated alternative test methods. We also proposed several minor editorial and technical changes in each subpart, as well as technical corrections to three other recently promulgated RTRs for the following source categories: Surface Coating of Large Appliances NESHAP (40 CFR 63, subpart NNNN); Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR 63, subpart OOOO); and Surface Coating of Metal Furniture NESHAP (40 CFR 63, subpart RRRR). III. What is included in these final rules? This action finalizes the EPA’s proposed determinations pursuant to the RTR provisions of CAA sections 112(d)(6) and (f)(2) for the Surface Coating of ALDT source category, the Surface Coatings of MMPP source category, and the Surface Coating of PPP source category. This action also finalizes other proposed changes to each NESHAP as proposed, including the following for each source category: • A requirement for electronic submittal of notifications, semi-annual reports, and compliance reports (which include performance test reports); • revisions to the SSM provisions of each NESHAP; • adding the option of conducting EPA Method 18 of appendix A to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and then subtract methane emissions from measured total gaseous organic mass emissions as carbon; • replacing a reference to OSHA’s Hazard Communication standard (29 CFR 1910.1200(d)(4)) with a list of HAP that must be regarded as potentially PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 carcinogenic based on the EPA guidelines; • adding a requirement for sources to perform periodic control device testing if they are using add-on controls to demonstrate compliance; and • IBR of alternative test methods and references to updated alternative test methods. We are finalizing, as proposed, several minor editorial and technical changes in each subpart, including technical corrections to the Surface Coating of Large Appliances NESHAP (40 CFR 63, subpart NNNN); Printing, Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR 63, subpart OOOO); and Surface Coating of Metal Furniture NESHAP (40 CFR 63, subpart RRRR). A. What are the final rule amendments based on the risk reviews for these source categories? This section describes the final amendments to the Surface Coating of ALDT NESHAP (40 CFR part 63, subpart IIII); the Surface Coating of Miscellaneous Metal Parts NESHAP (40 CFR part 63, subpart MMMM); and the Surface Coating of PPP NESHAP (40 CFR part 63, subpart PPPP) being promulgated pursuant to CAA section 112(f)(2). The EPA proposed no changes to these three subparts based on the risk reviews conducted pursuant to CAA section 112(f)(2). In this action, we are finalizing our proposed determination that, considering compliance with MACT, the public health risks from these three subparts are acceptable, and that the standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. The EPA received no new data or other information during the public comment period that causes us to change that proposed determination. Therefore, we are not requiring additional emission controls under CAA section 112(f)(2) for any of the three subparts in this action. B. What are the final rule amendments based on the technology reviews for these source categories? We determined that there are no costeffective developments in practices, processes, and control technologies that warrant revisions to the MACT standards for the Surface Coating of ALDT, Surface Coating of MMPP, and Surface Coating of PPP source categories. Therefore, we are not finalizing revisions to the MACT standards under CAA section 112(d)(6) for any of the three subparts in this action. E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations C. What are the final rule amendments addressing emissions during periods of SSM? We are finalizing the proposed amendments to the Surface Coating of ALDT NESHAP; the Surface Coating of MMPP NESHAP; and the Surface Coating of PPP NESHAP to remove and revise provisions related to SSM. In its 2008 decision in Sierra Club v. EPA 551 F. 3d 1019 (D.C. Cir. 2008), the Court vacated portions of two provisions in the EPA’s CAA section 112 regulations governing the emissions of HAP during periods of SSM. Specifically, the Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 302(k) of the CAA, emissions standards or limitations must be continuous in nature and that the SSM exemption violates the CAA’s requirement that some CAA section 112 standards apply continuously. As detailed in section IV.A, B, and C of the November 1, 2019, proposal preamble, the ALDT NESHAP, MMPP NESHAP, and PPP NESHAP require that the standards apply at all times (see 40 CFR 63.3093(b), 63.3900(a)(2), and 63.4492(b), respectively), consistent with the Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). Table 2 to Subpart IIII of Part 63, Table 2 to Subpart MMMM of Part 63, and Table 2 to Subpart PPPP of Part 63 (General Provisions applicability tables) are being revised to change the specification of the requirements that apply during periods of SSM. We are eliminating or revising certain recordkeeping and reporting requirements related to the eliminated SSM exemption. The EPA is also making other harmonizing changes to remove or modify inappropriate, unnecessary, or redundant language in the absence of the SSM exemption. We have determined that facilities in these source categories can meet the applicable emission standards in the Surface Coating of ALDT NESHAP, the Surface Coating of MMPP NESHAP, and the Surface Coating of PPP NESHAP at all times, including periods of startup and shutdown. Therefore, the EPA has determined that no additional standards are needed to address emissions during these periods. The legal rationale and detailed changes for SSM periods that we are finalizing here are set forth in the November 1, 2019, preamble to the proposed rule. See 84 FR 58959 through 58963 for ALDT, 58971 through 58973 for MMPP, and 58980 through 58982 for PPP. Further, the EPA is not finalizing standards for malfunctions. As VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 discussed in section IV.A, B, and C of the November 1, 2019, proposal preamble, the EPA interprets CAA section 112 as not requiring emissions that occur during periods of malfunction to be factored into development of CAA section 112 standards, although the EPA has the discretion to set standards for malfunctions where feasible. For these source categories, it is unlikely that a malfunction would result in a violation of the standards, and no comments were submitted that would suggest otherwise. Refer to section IV.A, B, and C of the November 1, 2019, proposal preamble for further discussion of the EPA’s rationale for the decision not to set standards for malfunctions, as well as a discussion of the actions a facility could take in the unlikely event that a facility fails to comply with the applicable CAA section 112 standards as a result of a malfunction event, given that administrative and judicial procedures for addressing exceedances of the standards fully recognize that violations may occur despite good faith efforts to comply and can accommodate those situations. We are finalizing revisions to the General Provisions tables to 40 CRF part 63, subparts IIII, MMMM, and PPPP, to eliminate requirements that include rule language providing an exemption for periods of SSM. Additionally, we are finalizing our proposal to eliminate language related to SSM that treats periods of startup and shutdown the same as periods of malfunction. Finally, we are finalizing our proposal to revise the Deviation Notification Report and related records as they relate to malfunctions. As discussed in detail in the proposal preamble, these revisions are consistent with the requirements in 40 CFR 63.3093(b), 63.3900(a)(2), and 63.4492(b) stating that the standards apply at all times. We are finalizing a revision to the performance testing requirements at 40 CFR 63.3164(a)(1), 40 CFR 63.3964(a)(1), and 40 CFR 63.4564(a)(1). The final performance testing provisions prohibit performance testing during SSM as these conditions are not representative of steady state operating conditions. The final rules also require that operators maintain records to document that operating conditions during the tests represent steady state conditions. D. What other changes have been made to these NESHAP? These rules also finalize, as proposed, revisions to several other NESHAP requirements. We describe the revisions that apply to all the affected source categories in the following paragraphs. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 41107 To increase the ease and efficiency of data submittal and data accessibility, we are finalizing a requirement that owners or operators of facilities in the Surface Coating of ALDT; Surface Coating of MMPP; and Surface Coating of PPP source categories submit electronic copies of certain required performance test reports through the EPA’s Central Data Exchange (CDX) website using an electronic performance test report tool called the Electronic Reporting Tool (ERT). We also are finalizing, as proposed, provisions that allow facility operators the ability to seek extensions for submitting electronic reports for circumstances beyond the control of the facility, i.e., for a possible outage in the CDX or Compliance and Emissions Data Reporting Interface (CEDRI) or for a force majeure event in the time just prior to a report’s due date, as well as the process to assert such a claim. For each subpart, we also are changing the format of references to test methods in 40 CFR part 60, appendix A to indicate where, in the eight sections of appendix A, each method is found. We are finalizing amendments to 40 CFR 63.3166(b), 40 CFR 63.3966(b), and 40 CFR 63.4566(b) to add the option of conducting EPA Method 18 of appendix A to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and then subtract methane emissions from measured total gaseous organic mass emissions as carbon, when facilities are using EPA Method 25A to measure control device destruction efficiency. For each subpart, we are finalizing the proposal to re-designate the list of organic HAP that must be used when a facility chooses to use the compliant material option (i.e., for calculating total organic HAP content of a coating material present at 0.1 percent or greater by mass). To specify the applicable HAP, we are changing the rules to remove the references to paragraph (d)(4) of OSHA’s Hazard Communication standard (29 CFR 1910.1200) and replace it with a new table in each subpart (Table 5 to 40 CFR part 63, subpart IIII; Table 5 to 40 CFR part 63, subpart MMMM; and Table 5 to 40 CFR part 63, subpart PPPP) that lists the applicable HAP. The organic HAP in these new tables are those HAP that were categorized in the EPA’s Prioritized Chronic Dose-Response Values for Screening Risk Assessments (dated May 9, 2014) as a ‘‘human carcinogen,’’ ‘‘probable human carcinogen,’’ or ‘‘possible human carcinogen’’ according to The Risk Assessment Guidelines of 1986 (EPA/ E:\FR\FM\08JYR2.SGM 08JYR2 41108 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 600/8–87/045, August 1987) 2 or as ‘‘carcinogenic to humans,’’ ‘‘likely to be carcinogenic to humans,’’ or with ‘‘suggestive evidence of carcinogenic potential’’ according to the Guidelines for Carcinogen Risk Assessment (EPA/ 630/P–03/001F, March 2005). We are including in the final rule for each subpart a requirement for facilities to conduct control device performance testing no less frequently than once every 5 years when using the emission rate with add-on controls compliance option. For facilities with title V permits that require comparable periodic testing prior to permit renewal, no additional testing is required, and we included provisions in the rule to allow facilities to harmonize the NESHAP testing schedule with a facility’s current title V testing schedule. 1. Technical Amendments to the Surface Coating of ALDT NESHAP We are revising the monitoring provisions for thermal and catalytic oxidizers, as proposed, to clarify that a thermocouple is part of the temperature sensor referred to in 40 CFR 63.3168(c)(3) for purposes of performing periodic calibration and verification checks. We are adding, as proposed, a new paragraph 40 CFR 63.3130(p) and revising 40 CFR 63.3131(a) to allow that any records required to be maintained by 40 CFR part 63, subpart IIII that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. We are also adding clarification that this ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. We are amending 40 CFR 63.3166(b) to add the option of conducting EPA Method 18 of appendix A–6 to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and subtract methane emissions from total gaseous organic mass emissions as carbon when facilities are using EPA Method 25A. In the final rule, as proposed, we are adding and updating test methods that are incorporated by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference the voluntary consensus standards (VCS) and other methods described in the amendments to 40 CFR 63.14: 2 See https://www.epa.gov/fera/dose-responseassessment-assessing-health-risks-associatedexposure-hazardous-air-pollutants. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 • ASTM D1475–13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, IBR approved for 40 CFR 63.3151(b); • ASTM D2369–10 (Reapproved 2015)e, Standard Test Method for Volatile Content of Coatings, IBR approved for 40 CFR 63.3151(a)(2); • ASTM D2697–03 (Reapproved 2014), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for 40 CFR 63.3161(f)(1); • ASTM D5066–91 (Reapproved 2017), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive PaintsWeight Basis, IBR approved for 40 CFR 63.3161(g); • ASTM D5965–02 (Reapproved 2013), Standard Test Methods for Specific Gravity of Coating Powders, IBR approved for 40 CFR 63.3151(b); • ASTM D6093–97 (Reapproved 2016), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using Helium Gas Pycnometer, IBR approved for 40 CFR 63.3161(f)(1); • ASTM D6266–00a (Reapproved 2017), Standard Test Method for Determining the Amount of Volatile Organic Compound (VOC) Released from Waterborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), IBR approved for 40 CFR 63.3165(e); and • EPA–450/3–88–018, Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, IBR approved for 40 CFR 63.3130(c), 63.3161(d) and (g), 63.3165(e), and appendix A to subpart IIII of part 63. 2. Technical Amendments to the Surface Coating of MMPP NESHAP We are amending 40 CFR 63.3966(b) to add the option of conducting EPA Method 18 of appendix A to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and then subtract methane emissions from total gaseous organic mass emissions as carbon when facilities are using EPA Method 25A. Current 40 CFR 63.3931 specifies how records must be maintained. We are adding clarification to this provision at 40 CFR 63.3931(a) that specifies the allowance to retain electronic records applies to all records that were submitted as reports electronically via the EPA’s CEDRI. We are also adding text to the same provision clarifying that this ability to maintain electronic copies PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. In the final rule, as proposed, we are adding and updating test methods that are incorporated by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference the VCS and other methods described in the amendments to 40 CFR 63.14: • ASTM D1475–13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, IBR approved for 40 CFR 63.3941(b)(4) and (c) and 63.3951(c); • ASTM D2111–10 (Reapproved 2015), Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures, IBR approved for 40 CFR 63.3951(c); • ASTM Method D2369–10 (Reapproved 2015)e, Standard Test Method for Volatile Content of Coatings, IBR approved for 40 CFR 63.3961(j)(3); • ASTM D2697–03 (Reapproved 2014), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for 40 CFR 63.3941(b)(1); • ASTM Method D5965–02 (Reapproved 2013), Standard Test Methods for Specific Gravity of Coating Powders, IBR approved for 40 CFR 3951(c); and • ASTM D6093–97 (Reapproved 2016), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using Helium Gas Pycnometer, IBR approved for 40 CFR 63.3941(b)(1). 3. Technical Amendments to the Surface Coating of PPP NESHAP We are amending 40 CFR 63.4566(b)(4) to add the option of conducting EPA Method 18 of appendix A to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and then subtract methane emissions from total gaseous organic mass emissions as carbon when facilities are using EPA Method 25A. Current 40 CFR 63.4530 specifies records that must be maintained. We are adding clarification to this provision at 40 CFR 63.4530(a) that specifies the allowance to retain electronic records applies to all records that were submitted as reports electronically via the EPA’s CEDRI. We are also adding text to the same provision clarifying that this ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. We are clarifying and harmonizing the general requirement in 40 CFR 63.4500(b) with the reporting requirement in 40 CFR 63.4520(a)(5), (6), and (7), and the recordkeeping requirement in 40 CFR 63.4530(h)(4). In the final rule, as proposed, we are adding and updating test methods that are incorporated by reference. In accordance with requirements of 1 CFR 51.5, the EPA is incorporating by reference the following VCS described in the amendments to 40 CFR 63.14: • ASTM D1475–13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, IBR approved for 40 CFR 63.4551(c); • ASTM D2111–10 (Reapproved 2015), Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures, IBR approved for 40 CFR 63.4551(c); and • ASTM D2369–10 (Reapproved 2015)e, Standard Test Method for Volatile Content of Coatings, IBR approved for 40 CFR 63.4541(a)(2), and 63.4561(j)(3). jbell on DSKJLSW7X2PROD with RULES2 4. Technical Amendments to Other Subparts We are revising the NESHAP for Surface Coating of Large Appliances (40 CFR part 63, subpart NNNN); the NESHAP for Printing, Coating, and Dyeing of Fabrics and Other Textiles (40 CFR part 63, subpart OOOO); and the NESHAP for Surface Coating of Metal Furniture (40 CFR part 63, subpart RRRR) to make corrections after the three subparts were amended in a final rule published in the Federal Register on March 15, 2019 (84 FR 9590). The proposed corrections were published on November 1, 2019 (84 FR 58936), and no public comments on these corrections were received. Therefore, we are making the corrections to these three subparts as proposed. E. What are the effective and compliance dates of the standards? The revisions to the MACT standards being promulgated in this action are effective on July 8, 2020. For affected sources in the ALDT, MMPP, and PPP source categories, the compliance date is January 5, 2021, with the exception of the electronic format for submitting semiannual compliance reports. For the electronic format for submitting semiannual compliance reports, both existing and new (or reconstructed) affected sources must VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 comply within 1 year after the electronic reporting templates are available on CEDRI, or 1 year after July 8, 2020, whichever is later. The EPA selected these compliance dates based on experience with similar industries and the EPA’s detailed justification for the selected compliance dates is included in the preamble to the proposed rule (84 FR 58965, 58975, and 58984). F. What are the requirements for submission of performance test data to the EPA? As proposed, the EPA is taking a step to increase the ease and efficiency of data submittal and data accessibility. Specifically, the EPA is finalizing the requirement for owners or operators of facilities in the ALDT, MMPP, and PPP source categories to submit electronic copies of certain required performance test reports. Performance test results collected using test methods that are supported by the EPA’s ERT as listed on the ERT website (https://www.epa.gov/ electronic-reporting-air-emissions/ electronic-reporting-tool-ert) at the time of the test be submitted in the format generated through the use of the ERT. The ERT will generate an electronic report package which will be submitted to the CEDRI interface on the EPA’s CDX. CEDRI can be accessed through the CDX website (https://cdx.epa.gov/). The requirement to submit performance test data electronically to the EPA does not create any additional performance testing and will apply only to those performance tests conducted using test methods that are supported by the ERT. A listing of the pollutants and test methods supported by the ERT is available at the ERT website. Electronic reporting will save time in the performance test submittal process. The electronic submittal of reports increases the usefulness of the data contained in those reports, is in keeping with current trends in data availability, further assists in the protection of public health and the environment, and ultimately results in less burden on regulated facilities. It also will improve compliance by facilitating the ability of regulated facilities to demonstrate compliance and the ability of air agencies and the EPA to assess and determine compliance. Electronic storage of reports make data more accessible for review, analysis, and sharing. Electronic reporting also eliminates paper-based, manual processes; thereby saving time and resources, simplifying data entry, PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 41109 eliminating redundancies, minimizing data reporting errors, and providing data quickly and accurately to affected facilities, air agencies, the EPA, and the public. For a more thorough discussion of electronic reporting of performance tests, see the memorandum, Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, August 8, 2018, in the ALDT Docket, MMPP Docket, and PPP Docket. In summary, in addition to supporting regulation development, control strategy development, and other air pollution control activities, having an electronic database populated with performance test data will save industry, state/local/ tribal agencies, and the EPA significant time, money, and effort while improving the quality of emission inventories and air quality regulations. IV. What is the rationale for our final decisions and amendments for these source categories? For each amendment, this section provides a description of what we proposed and what we are finalizing for the amendment, the EPA’s rationale for the final decisions and amendments, and a summary of key comments and responses. For all comments not discussed in this preamble, comment summaries and the EPA’s responses can be found in the comment summary and response document available in the ALDT Docket, MMPP Docket, and PPP Docket. A. Residual Risk Reviews 1. What did we propose pursuant to CAA section 112(f)? a. Surface Coating of ALDT (40 CFR part 63, subpart IIII) Source Category Pursuant to CAA section 112(f)(2), the EPA conducted a residual risk review and presented the results of this review, along with our proposed decisions regarding risk acceptability and ample margin of safety, in the November 1, 2019, proposed rule for 40 CFR part 63, subpart IIII (84 FR 58954). The results of the risk assessment for the proposal are presented briefly below in Table 2 of this preamble. More detail is in the residual risk technical support document, Residual Risk Assessment for the Surface Coating of Automobiles and Light-Duty Trucks Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, available in the ALDT Docket. E:\FR\FM\08JYR2.SGM 08JYR2 41110 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2—SURFACE COATING OF ALDT SOURCE CATEGORY INHALATION RISK ASSESSMENT RESULTS Maximum individual cancer risk (in 1 million) Estimated population at increased risk of cancer ≥ 1-in-1 million Estimated annual cancer incidence (cases per year) Maximum chronic noncancer target organspecific hazard index (TOSHI 1) Based on actual emissions Based on actual emissions Based on actual emissions Risk assessment Based on actual emissions Based on allowable emissions Based on allowable emissions Based on allowable emissions Based on allowable emissions Source Category 10 10 15,000 19,000 0.01 0.01 0.3 0.3 Whole Facility ... 10 .................. 48,000 .................. 0.02 .................. 0.3 .................. Maximum screening acute noncancer HQ 2 hazard quotient reference exposure limit (HQREL) = 1. 1 The jbell on DSKJLSW7X2PROD with RULES2 TOSHI is the sum of the chronic noncancer hazard quotients (HQs) for substances that affect the same target organ or organ system. 2 The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference exposure level). The results of the proposal inhalation risk modeling using actual emissions data, as shown in Table 2 of this preamble, indicate that the maximum individual cancer risk based on actual emissions (lifetime) is 10-in-1 million (driven by naphthalene and ethyl benzene from miscellaneous industrial processes—other/not classified), the maximum chronic noncancer TOSHI value based on actual emissions is 0.3 (driven by hexamethylene-1,6diisocyanate from a painting topcoat process), and the maximum screening acute noncancer HQ value (off-facility site) could be up to 1 (driven by formaldehyde). At proposal, the total annual cancer incidence (national) from these facilities based on actual emission levels was estimated to be 0.01 excess cancer cases per year, or one case in every 100 years. The results of the proposal inhalation risk modeling using allowable emissions data, as shown in Table 2 of this preamble, indicate that the maximum individual cancer risk based on allowable emissions (lifetime) is 10-in1 million (driven by naphthalene and ethyl benzene), and the maximum chronic noncancer TOSHI value based on allowable emissions is 0.3 (driven by hexamethylene-1,6-diisocyanate). At proposal, the total annual cancer incidence (national) from these facilities based on allowable emissions was estimated to be 0.01 excess cancer cases per year, or one case in every 100 years. The maximum individual cancer risk (lifetime) for the whole facility was determined to be 10-in-1 million at proposal (driven by naphthalene and ethyl benzene). The maximum facilitywide TOSHI for the source category was estimated to be 0.3 (driven by emissions of hexamethylene-1,6-diisocyanate). At proposal, the total estimated cancer incidence from the whole facility was VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 determined to be 0.02 excess cancer cases per year, or one excess case in every 50 years. One persistent and bioaccumulative HAP (PB–HAP) is emitted by facilities in the source category: Lead. In evaluating the potential for multipathway effects from emissions of lead, we compared modeled annual lead concentrations to the National Ambient Air Quality Standard (NAAQS) for lead of 0.15 milligrams per cubic meter (mg/ m3), arithmetic mean concentration over a 3-month period. The highest annual average lead concentration of 1.5 × 10¥5 mg/m3 is below the NAAQS level for lead, indicating a low potential for multipathway impacts of concern due to lead even assuming a shorter averaging period is analyzed. Based on this evaluation, we proposed that there is no significant potential for human health multi-pathway risks as a result of HAP emissions from this source category. Three environmental HAP are emitted by sources within this source category: Lead, hydrochloric acid (HCl) and hydrogen fluoride (HF). Therefore, at proposal, we conducted a screeninglevel evaluation of the potential adverse environmental risks associated with emissions of lead, HCl, and HF for the ALDT source category. Based on this evaluation, we proposed that we do not expect an adverse environmental effect as a result of HAP emissions from this source category. We weighed all health risk factors, including those shown in Table 2 of this preamble, in our risk acceptability determination and proposed that the residual risks from the Surface Coating of ALDT source category are acceptable (section IV.A.2.a of proposal preamble, 84 FR 58956, November 1, 2019). We then considered whether 40 CFR part 63, subpart IIII provides an ample margin of safety to protect public health. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 In considering whether the standards should be tightened to provide an ample margin of safety to protect public health, we considered the same risk factors that we considered for our acceptability determination and also considered the costs, technological feasibility, and other relevant factors related to emissions control options that might reduce risk associated with emissions from the source category. Related to risk, the baseline risks were low, and regardless of the availability of further control options, little risk reduction could be realized. As discussed further in section IV.B of this preamble, we did not identify any cost-effective measures to further reduce HAP emissions for the Surface Coating of ALDT source category. Therefore, given the low baseline risks and lack of options for further risk reductions, we proposed that additional emission controls for this source category are not necessary to provide an ample margin of safety (section IV.A.2.b of proposal preamble, 84 FR 58956, November 1, 2019). b. Surface Coating of MMPP (40 CFR part 63, subpart MMMM) Source Category Pursuant to CAA section 112(f)(2), the EPA conducted a residual risk review and presented the results of this review, along with our proposed decisions regarding risk acceptability and ample margin of safety, in the November 1, 2019, proposed rule for 40 CFR part 63, subpart MMMM (84 FR 58966). The results of the risk assessment for the proposal are presented briefly below in Table 3 of this preamble. More detail is in the residual risk technical support document, Residual Risk Assessment for the Surface Coating of MMPP Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, available in the MMPP Docket. E:\FR\FM\08JYR2.SGM 08JYR2 41111 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 3—SURFACE COATING OF MMPP SOURCE CATEGORY INHALATION RISK ASSESSMENT RESULTS Maximum individual cancer risk (in 1 million) Risk assessment Based on actual emissions Source category Whole facility .... 20 100 Based on allowable emissions 30 .................. Estimated population at increased risk of cancer ≥ 1-in-1 million Estimated annual cancer incidence (cases per year) Based on actual emissions Based on actual emissions 18,000 370,000 Based on allowable emissions 24,000 .................. 0.008 0.04 Based on allowable emissions Maximum chronic noncancer TOSHI 1 Based on actual emissions 0.01 .................. 0.8 1 Based on allowable emissions 1 .................. Maximum screening acute noncancer HQ 2 HQREL = 4. 1 The TOSHI is the sum of the chronic noncancer HQ for substances that affect the same target organ or organ system. maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference exposure level). jbell on DSKJLSW7X2PROD with RULES2 2 The The results of the proposal inhalation risk modeling using actual emissions data, as shown in Table 3 of this preamble, indicate that the maximum individual cancer risk based on actual emissions (lifetime) is 20-in-1 million (driven by naphthalene and ethyl benzene from coating operations), the maximum chronic noncancer TOSHI value based on actual emissions is 0.8 (driven by antimony from coating operations), and the maximum screening acute noncancer HQ value (off-facility site) could be up to 4 (driven by glycol ethers). At proposal, the total annual cancer incidence (national) from these facilities based on actual emission levels was estimated to be 0.008 excess cancer cases per year, or one case in every 125 years. The results of the proposal inhalation risk modeling using allowable emissions data, as shown in Table 3 of this preamble, indicate that the maximum individual cancer risk based on allowable emissions (lifetime) is 30-in1 million (driven by naphthalene and ethyl benzene), and the maximum chronic noncancer TOSHI value based on allowable emissions is 1 (driven by antimony). At proposal, the total annual cancer incidence (national) from these facilities based on allowable emissions was estimated to be 0.01 excess cancer cases per year, or one case in every 100 years. The maximum individual cancer risk (lifetime) for the whole facility was determined to be 100-in-1 million at proposal (driven by nickel from welding operations). The maximum facility-wide TOSHI for the source category was estimated to be 1 (driven by emissions of cobalt from a gel coating operation). At proposal, the total estimated cancer incidence from the whole facility was determined to be 0.04 excess cancer cases per year, or one excess case in every 25 years. Three PB–HAP are emitted by facilities in the source category: Arsenic, cadmium, and lead. The PB–HAP emissions from these facilities did not VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 exceed the Tier 1 multipathway screening value of 1 for cancer or noncancer. In evaluating the potential for multipathway effects from emissions of lead, we compared modeled annual lead concentrations to the NAAQS for lead of 0.15 mg/m3, arithmetic mean concentration over a 3-month period). The highest annual average lead concentration of 0.059 mg/m3 is below the NAAQS level for lead, indicating a low potential for multipathway impacts of concern due to lead even assuming a shorter averaging period is analyzed. Based on this evaluation, we proposed that there is no significant potential for human health multi-pathway risks as a result of HAP emissions from this source category. Four environmental HAP are emitted by facilities in this source category: Arsenic, cadmium, lead and HCl. Therefore, at proposal, we conducted a screening-level evaluation of the potential adverse environmental effects associated with emissions of arsenic, cadmium, lead, and HCl for the MMPP source category. Based on this evaluation, we proposed that we do not expect an adverse environmental effect as a result of HAP emissions from this source category. We weighed all health risk factors, including those shown in Table 3 of this preamble, in our risk acceptability determination and proposed that the residual risks from the Surface Coating of MMPP source category are acceptable (section IV.B.2.a of proposal preamble, 84 FR 58967, November 1, 2019). We then considered whether 40 CFR part 63, subpart MMMM provides an ample margin of safety to protect public health. In considering whether the standards should be tightened to provide an ample margin of safety to protect public health, we considered the same risk factors that we considered for our acceptability determination and also considered the costs, technological feasibility, and other relevant factors related to emissions control options that might reduce risk associated with emissions from the source category. PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 Based on our review (described in section IV.B of this preamble), we identified and evaluated the use of addon control technologies for the rubberto-metal bonding and high-performance coating subcategories. We determined that the added costs and cost effectiveness for these two coating subcategories ($9,500 per ton of HAP reduced for the rubber-to-metal bonding subcategory and $11,700 per ton for the high-performance coating subcategory) are not justified. We proposed that these costs are unreasonable particularly because the risks are already low, and the risks would not be reduced in a meaningful manner by the control of these subcategories. Six facilities in the highperformance subcategory had a cancer risk above 1-in-1 million. The cancer risk for only one of these facilities would be reduced as a result of the addon controls evaluated, going from 6-in1 million to 2-in-1 million (based on actual emissions) because the facility would be required to reduce emissions. Only one facility in the rubber-to-metal bonding subcategory had a cancer risk above 1-in-1 million. The cancer risk for this facility would not be reduced as a result of the add-on controls evaluated because the facility is able to use averaging between the general-use subcategory and the rubber-to-metal bonding subcategory to meet the general-use emission limit and would not have to reduce emissions. Therefore, we proposed that additional emissions controls for this source category are not necessary to provide an ample margin of safety (section IV.B.2.b of proposal preamble, 84 FR 58968, November 1, 2019). Of the 40 facilities in the highperformance subcategory, there were six with cancer risk above 1-in-1 million. The cancer risk for only one of these facilities would be reduced as a result of the add-on controls evaluated, going from 6-in-1 million to 2-in-1 million (based on actual emissions). Of the 16 facilities in the rubber-to-metal bonding subcategory, only one had cancer risk E:\FR\FM\08JYR2.SGM 08JYR2 41112 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations above 1-in-1 million. The cancer risk for this facility would not be reduced as a result of the add-on controls evaluated. c. Surface Coating of PPP (40 CFR part 63, subpart PPPP) Source Category Pursuant to CAA section 112(f)(2), the EPA conducted a residual risk review and presented the results of this review, along with our proposed decisions regarding risk acceptability and ample margin of safety, in the November 1, 2019, proposed action for 40 CFR part 63, subpart PPPP (84 FR 58976). The results of the risk assessment for the proposal are presented briefly below in Table 4 of this preamble. More detail is in the residual risk technical support document, Residual Risk Assessment for the Surface Coating of PPP Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, available in the PPP Docket. TABLE 4—SURFACE COATING OF PPP SOURCE CATEGORY INHALATION RISK ASSESSMENT RESULTS Maximum individual cancer risk (in 1 million) Risk assessment Based on actual emissions Source Category Whole Facility ... 10 70 Based on allowable emissions 10 .................. Estimated population at increased risk of cancer ≥ 1-in-1 million Estimated annual cancer incidence (cases per year) Based on actual emissions Based on actual emissions 600 29,000 Based on allowable emissions 700 .................. 0.001 0.006 Based on allowable emissions Maximum chronic noncancer TOSHI 1 Based on actual emissions 0.001 .................. 1 1 Based on allowable emissions 1 .................. Maximum screening acute noncancer HQ 2 HQREL = 4. 1 The TOSHI is the sum of the chronic noncancer HQ for substances that affect the same target organ or organ system. maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference exposure level). jbell on DSKJLSW7X2PROD with RULES2 2 The The results of the proposal inhalation risk modeling using actual emissions data, as shown in Table 4 of this preamble, indicate that the maximum individual cancer risk based on actual emissions (lifetime) is 10-in-1 million (driven by formaldehyde, naphthalene, and ethyl benzene from coating operations), the maximum chronic noncancer TOSHI value based on actual emissions is 1 (driven by hexamethylene-1,6-diisocyanate from coating operations), and the maximum screening acute noncancer HQ value (off-facility site) could be up to 4 (driven by glycol ethers). At proposal, the total annual cancer incidence (national) from these facilities based on actual emission levels was estimated to be 0.001 excess cancer cases per year, or one case in every 1,000 years. The results of the proposal inhalation risk modeling using allowable emissions data, as shown in Table 4 of this preamble, indicate that the maximum individual cancer risk based on allowable emissions (lifetime) is 10-in1 million (driven by formaldehyde, naphthalene, and ethyl benzene), and the maximum chronic noncancer TOSHI value based on allowable emissions is 1 (driven by hexamethylene-1,6diisocyanate from coating operations). At proposal, the total annual cancer incidence (national) from these facilities based on allowable emissions was estimated to be 0.001 excess cancer cases per year, or one case in every 1,000 years. The maximum individual cancer risk (lifetime) for the whole facility was determined to be 70-in-1 million at proposal (driven by nickel and formaldehyde from a co-located boiler). VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 The maximum facility-wide TOSHI for the source category was estimated to be 1 (driven by emissions of nickel and formaldehyde from a co-located boiler). At proposal, the total estimated cancer incidence from the whole facility was determined to be 0.006 excess cancer cases per year, or one excess case in every 200 years. No PB–HAP are emitted by facilities in this source category; therefore, at proposal we did not estimate any human health multi-pathway risks from this source category. No environmental HAP are emitted by facilities in this source category; therefore, we proposed that we do not expect an adverse environmental effect as a result of HAP emissions from this source category. We weighed all health risk factors, including those shown in Table 4 of this preamble, in our risk acceptability determination and proposed that the residual risks from the Surface Coating of PPP source category are acceptable (section IV.C.2.a of proposal preamble, 84 FR 58977, November 1, 2019). We then considered whether 40 CFR part 63, subpart PPPP provides an ample margin of safety to protect public health. In considering whether the standards should be tightened to provide an ample margin of safety to protect public health, we considered the same risk factors that we considered for our acceptability determination and also considered the costs, technological feasibility, and other relevant factors related to emissions control options that might reduce risk associated with emissions from the source category. Based on our review at proposal (described in section IV.B of this preamble), we did not identify any PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 measures to further reduce HAP. Therefore, we proposed that additional emissions controls for this source category are not necessary to provide an ample margin of safety (section IV.C.2.b of proposal preamble, 84 FR 58978, November 1, 2019). 2. How did the risk reviews change since proposal? We have not changed any aspect of the risk assessments for any of the three source categories as a result of public comments received on the November 1, 2019, proposal for any of the three source categories. 3. What key comments did we receive on the risk reviews, and what are our responses? We received comments in support of and against the proposed residual risk reviews and our determinations that no revisions were warranted under CAA section 112(f)(2) for all three source categories. Generally, the comments that were not supportive of the determination from the risk reviews suggested changes to the underlying risk assessment methodology. For example, some commenters stated that the EPA should lower the acceptability benchmark so that risks below 100-in-1 million are unacceptable, include emissions outside of the source categories in question in the risk assessment, and assume that pollutants with noncancer health risks have no safe level of exposure. After review of all the comments received, we determined that no changes to our Science Advisory Board-approved review process were necessary. The comments and our specific responses can be found in the document, E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations Summary of Public Comments and Responses for the Risk and Technology Reviews for Surface Coating Automobiles and Light-Duty Trucks, Surface Coating of Miscellaneous Metal Parts and Products, and Surface Coating of Plastic Parts and Products, available in the dockets for this action (Docket ID Nos. EPA–HQ–OAR–2019–0312, EPA– HQ–OAR–2019–0313, and EPA–HQ– OAR–2019–0314). 4. What is the rationale for our final approach and final decisions for the risk reviews? As noted in our proposal, the EPA sets standards under CAA section 112(f)(2) using ‘‘a two-step standardsetting approach, with an analytical first step to determine an ‘acceptable risk’ that considers all health information, including risk estimation uncertainty, and includes a presumptive limit on the maximum individual risk (MIR) of approximately 1-in-10 thousand’’ (see 54 FR 38045, September 14, 1989). We weigh all health risk factors in our risk acceptability determination, including the cancer MIR, cancer incidence, the maximum cancer TOSHI, the maximum acute noncancer HQ, the extent of noncancer risks, the distribution of cancer and noncancer risks in the exposed population, and the risk estimation uncertainties. Since proposal, neither the quantitative risk assessment nor our determinations regarding risk acceptability, ample margin of safety, or adverse environmental effects have changed. For the reasons explained in the proposed rule and above, we find that the risks from the Surface Coating of ALDT, Surface Coating of MMPP, and Surface Coating of PPP source categories are acceptable, and the current standards provide an ample margin of safety to protect public health and prevent an adverse environmental effect. Therefore, we are not revising any of these three subparts to require additional controls pursuant to CAA section 112(f)(2) based on the residual risk review, and we are maintaining the existing standards under CAA section 112(f)(2). B. Technology Reviews jbell on DSKJLSW7X2PROD with RULES2 1. What did we propose pursuant to CAA section 112(d)(6)? Based on our review, we did not identify any developments in practices, processes, or control technologies for the Surface Coating of ALDT source category, and, therefore, we did not propose any changes to the standards under CAA section 112(d)(6). A brief summary of the EPA’s findings in VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 conducting the technology review of ALDT surface coating operations was included in the preamble to the proposed action (84 FR 58957, November 1, 2019). For a detailed discussion of the EPA’s findings, refer to the memorandum, Technology Review for Surface Coating Operations in the Automobiles and Light-Duty Trucks Source Category, June 2019, in the ALDT Docket. In our technology review of the Surface Coating of MMPP source category, we identified and evaluated the use of add-on control technologies (e.g., regenerative thermal oxidizers) for two coating subcategories, highperformance coating and rubber-tometal coating, that had not been previously considered during development of the MMPP NESHAP. This analysis is described in detail in the preamble to the proposed action (84 FR 58969, November 1, 2019). However, we determined that the added costs and cost effectiveness for these two coating subcategories ($9,500 per ton of HAP reduced for the rubber-to-metal coating subcategory and $11,700 per ton for the high-performance subcategory) were not justified. Aside from this, we did not identify any new or improved process equipment, work practices, or procedures that would further reduce emissions. Therefore, the EPA proposed no revisions to the MMPP NESHAP pursuant to CAA section 112(d)(6). For a detailed discussion of the EPA’s findings, refer to the MMPP Technology Review Memo in the MMPP Docket. Based on our review, we did not identify any developments in practices, processes, or control technologies for the Surface Coating of PPP source category, and, therefore, we did not propose any changes to the standards under CAA section 112(d)(6). A brief summary of the EPA’s findings in conducting the technology review of plastic parts surface coating operations was included in the preamble to the proposed action (84 FR 58978, November 1, 2019). For a detailed discussion of the EPA’s findings, refer to the memorandum, Technology Review for the Plastic Parts and Products Surface Coating Operations Source Category, June 2019, in the PPP Docket. 2. How did the technology reviews change since proposal? We are making no changes to the conclusions of the technology review and are finalizing the results of the technology reviews for the Surface Coating of ALDT, Surface Coating of MMPP, and Surface Coating of PPP source categories as proposed. PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 41113 3. What key comments did we receive on the technology reviews, and what are our responses? We received several general comments supporting the results of our technology reviews for all three source categories and one comment objecting to our conclusion that there have been no technology developments in these three source categories. Comment: One commenter alleged that the EPA has failed to meet the statutory obligation to conduct a technology review under CAA section 112(d)(6). The commenter argued that the EPA has refused to complete the technology review by refusing to strengthen the emission standards for regulated pollutants based primarily on cost or cost effectiveness. The commenter argued that CAA section 112(d)(6) does not include that term ‘‘cost effectiveness,’’ and so the EPA’s proposed action on the technology review is unlawful and arbitrary. Response: The EPA disagrees with the commenter that cost effectiveness cannot be considered in the technology reviews. CAA section 112(d)(6) does include the phrase ‘‘as necessary’’ and the EPA interprets ‘‘as necessary’’ to include a cost component, such as cost effectiveness. The EPA’s interpretation that cost and cost effectiveness may be considered in technology reviews was affirmed by the Court in Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (DC Cir. 2013).3 Therefore, the technology review for the Surface Coating of MMPP source category completed at proposal is not being revised based on this comment. 3 See Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (DC Cir. 2013), p. 673: Environmental petitioners next argue that the EPA impermissibly considered cost in revising emissions standards under CAA section 112(d)(6). But the statute only bars cost consideration in setting MACT floors under CAA section 112(d)(3), see National Lime, 233 F.3d at 640; CAA section 112(d)(2) in contrast expressly directs the EPA to consider costs when setting beyond-the-floor standards, see 42 U.S.C. 7412(d)(2) (directing the Administrator to ‘‘tak[e] into consideration the cost of achieving . . . emission reduction’’). Petitioners are correct that CAA section 112(d)(6) itself makes no reference to cost and that the Supreme Court has ‘‘refused to find implicit in ambiguous sections of the [CAA] an authorization to consider costs that has elsewhere, and so often, been expressly granted.’’ Whitman v. American Trucking Associations, Inc., 531 U.S. 457, 467, 121 S. Ct. 903, 149 L.Ed.2d 1 (2001). But given that the EPA has no obligation to recalculate the MACT floor when revising standards, see supra at 672–73, and given that CAA section 112(d)(2) expressly authorizes cost consideration in other aspects of the standardsetting process, we believe this clear statement rule is satisfied. E:\FR\FM\08JYR2.SGM 08JYR2 41114 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 4. What is the rationale for our final approach and final decisions for the technology reviews? For the reasons explained in the preamble to the proposed rules (84 FR 58597, 58969, and 58978, November 1, 2019), and in our analysis of public comments explained above in section IV.B.3 of this preamble, we are making no changes to any of the three subparts to require additional controls pursuant to CAA section 112(d)(6) and are finalizing the results of the technology reviews as proposed. C. Electronic Reporting Provisions 1. What did we propose? In the November 1, 2019, document, we proposed to require owners and operators of surface coating facilities in all three source categories to submit electronic copies of notifications, reports, and performance tests through the EPA’s CDX, using the CEDRI. These include the initial notifications required in 40 CFR 63.9(b); notifications of compliance status required in 40 CFR 63.9(h); the performance test reports required in 40 CFR 63.7(g); and the semiannual reports required in 40 CFR 63.3120(a) for ALDT surface coating, 40 CFR 63.3920(a) for MMPP surface coating, and 40 CFR 63.4520(a) for PPP surface coating. A description of the electronic submission process is provided in the memorandum, Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP), August 8, 2018, in the ALDT, MMPP, and PPP Dockets. The proposed rule requirements would replace the current rule requirements to submit the notifications and reports to the Administrator at the appropriate address listed in 40 CFR 63.13. The proposed rule requirement would not affect submittals required by state air agencies. jbell on DSKJLSW7X2PROD with RULES2 2. What changed since proposal? We are finalizing the electronic reporting provisions as proposed with no changes (84 FR 58958, 58970, and 58979, November 1, 2019). 3. What key comments did we receive and what are our responses? Comment: Several commenters requested that additional opportunity should be provided for public review and comment of the electronic reporting templates before they are final and facilities are required to use them for electronic reporting. One commenter also requested that the EPA provide a notice and comment period through a VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 Federal Register document for all future changes in reporting templates because many industry members do not track changes to the CEDRI website where the EPA intends to make future template changes. The commenter argued that this would be consistent with the requirements of both the CAA and the Administrative Procedures Act (APA) because, the commenter argues, the development of the reporting template constitutes a rulemaking action. Response: The EPA disagrees that changes to the electronic reporting template constitute a rulemaking because the reporting template does not create new requirements, but instead, provides the mechanism by which the sources report the information required to be submitted pursuant to the underlying NESHAP. The EPA promulgated the original MACT emissions standards and attendant monitoring, recordkeeping, and reporting requirements through notice and comment rulemaking, but the sources were not required to submit reports via electronic reporting at the time. The EPA is moving toward electronic reporting for all NESHAP and proposed to require electronic reporting for these source categories along with the RTR rulemaking. The electronic reporting template is the tool by which the sources will enter their required reports and data to CEDRI to comply with the NESHAP, but it does not establish, in itself, any requirements, including monitoring, recordkeeping, and reporting requirements. Any future revisions to the underlying NESHAP’s monitoring, recordkeeping, and reporting requirements will be made through a proposed rulemaking that will be published in the Federal Register; thereby giving the public notice and an opportunity to comment. The changes to reporting templates, by contrast, are merely changes that are necessary to allow owners/operators to successfully submit reports (e.g., resolving issues with template cells that are not properly formatted, unlocking inadvertently locked cells, and correcting regulatory citations). The EPA disagrees that the APA and the CAA require such changes undergo notice and comment rulemaking in the Federal Register. We also note that if the reporting templates for these subparts are completed concurrently with the final rule publication, facilities will have 1 year after the final rule is published to submit semiannual compliance reports using the electronic reporting template in CEDRI. If the reporting templates are not finalized concurrently with the final rule publication, facilities will be required to submit semiannual PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 compliance reports using the electronic reporting template in CEDRI once the reporting template has been available on the CEDRI website for one year. The dates that templates are initially made available in CEDRI are listed on the CEDRI website. 4. What is the rationale for our final approach for the electronic reporting provisions? For the reasons explained in the preamble to the proposed rules (84 FR 58958, 58970, and 58979, November 1, 2019), and in the comment responses above in section IV.C.3 of this preamble, we are finalizing the electronic reporting provisions for 40 CFR parts 63, subparts IIII, MMMM, and PPPP, as proposed. D. SSM Provisions 1. What did we propose? In the November 1, 2019, action, we proposed amendments to the ALDT NESHAP, the MMPP NESHAP, and the PPP NESHAP to remove and revise provisions related to SSM that are not consistent with the statutory requirement that the standards apply at all times. More information concerning the elimination of SSM provisions is in the preamble to the proposed rules (84 FR 58959, 58971, and 58980, November 1, 2019). 2. What changed since proposal? We are finalizing the SSM provisions as proposed except for some changes to the General Provisions references in Table 2 of 40 CFR part 63, subpart IIII (84 FR 58959, 58971, and 58980, November 1, 2019). 3. What key comments did we receive and what are our responses? Comment: One commenter argued that the proposed removal and revision of the SSM provisions would effectively eliminate a longstanding provision applicable to magnet wire coating operations that allows for extra HAP emissions during SSM events, so long as the permittee addresses those events according to its facility SSM plan. The commenter acknowledged that the EPA is compelled to take this action by the decision in Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008), but the commenter reported that certain facilities now are challenged to find a methodology for emission calculations during SSM periods. The commenter reported that magnet wire coaters—unless advised of an alternative approach—would account for SSM events in emission calculations by weighing coating hours in full compliance (with control percentage E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations determined through stack testing) v. coating hours during start-up, shutdown, and malfunction periods, where the default assumption during the latter is zero control. The commenter stated that the weighted efficiency ratio would then be applied to the total mass of HAP input to surface coating operations to determine estimated emissions. Response: The EPA agrees we are compelled to remove and revise the SSM provisions from each subpart consistent with Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 2008). The commenter has not provided enough detail for the EPA to determine whether the compliance approach described by the commenter is consistent with the current requirements of 40 CFR part 63, subpart MMMM. However, subpart MMMM already includes provisions to account for deviation periods, so the commenter’s proposed approach should not be necessary. For example, for coating operations that use an add-on control device, Equation 1 of 40 CFR 63.3961 includes the term HUNC, which is the total mass in kilograms of organic HAP in the coatings, thinners, and/or other additives, and cleaning materials used during all deviations specified in 40 CFR 63.3963(c) and (d) that occurred during the month, as calculated in Equation 1D of 40 CFR 63.3961. The rest of subpart MMMM treats these HAP as being uncontrolled, which is consistent with the commenter’s assumption of zero control during SSM events. Comment: One commenter recommended several changes to Table 2 (Applicability of General Provisions) to 40 CFR part 63, subpart IIII, as result of the changes made to reflect the SSM changes: • Clarify that the provisions of 40 CFR 63.6(e)(3), 63.6(f)(1), 63.10(b)(2), and 63.10(d)(5) apply only to capture systems and add-on control devices used to comply with the standards, as in the current rule; • correct an apparent drafting error and add back in a reference to 40 CFR 63.6(i)(16) with an indicator that it is still applicable to 40 CFR part 63, subpart IIII; • do not finalize the applicability of 40 CFR 63.8(c)(7) from ‘‘No’’ to ‘‘Yes’’ unless the EPA provides further explanation of this change because it was not discussed in the preamble to the proposed rule; and • combine the provisions of 40 CFR 63.9(h)(5) and (6) with the other notification of compliance status requirements in 40 CFR 63.9(h)(1) through (3). VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 Response: We agree with the commenter that the language indicating that the provisions of 40 CFR 63.6(e)(3), 63.6(f)(1), 63.10(b)(2), and 63.10(d)(5) apply only to capture systems and addon control devices used to comply with the standards is a useful clarification and it is being added back into the appropriate rows of Table 2 to 40 CFR part 63, subpart IIII suggested by the commenter. The commenter is correct that 40 CFR 63.6(i)(16) is still applicable to 40 CFR part 63, subpart IIII and this has been added back into the final Table 2 to subpart IIII. We proposed to change the applicability of 40 CFR 63.8(c)(7) in Table 2 to 40 CFR part 63, subpart IIII from ‘‘No’’ to ‘‘Yes’’ because that was an apparent error in the original Table 2 to subpart IIII. Facilities are required to comply with 40 CFR 63.8(c)(7) as specified in 40 CFR 63.3120(a)(4), and the Table 2 to subpart IIII should already have been ‘‘Yes’’ instead of ‘‘No.’’ New references to 40 CFR 63.8(c)(7) are also being added in 40 CFR 63.3120(a)(6)(vii) and (a)(8)(vi). We agree with the commenter that the provisions of 40 CFR 63.9(h)(5) and (6) should be combined with the other notification of compliance status requirements in 40 CFR 63.9(h)(1) through (3). The provisions of 40 CFR 63.9(h)(5) and (6) were separated in drafting the revised table because 40 CFR 63.9(h)(4) is reserved, but we agree that keeping them together on one line as ‘‘§ 63.9(h)(1) through (3), (5), and (6)’’ would avoid confusion, so we are adopting that approach in the promulgated version of Table 2 to 40 CFR part 63, subpart IIII. 4. What is the rationale for our final approach for the SSM provisions? For the reasons explained in the proposed rule and after evaluation of the comments on the proposed amendments to the SSM provisions for the ALDT NESHAP, MMPP NESHAP, and PPP NESHAP, we are finalizing the proposed revisions related to SSM so that they are now consistent with the requirement that the standards apply at all times. More information concerning the proposed amendments to the SSM provisions is in the preamble to the proposed rules (84 FR 58959, 58971, and 58980, November 1, 2019). E. Ongoing Compliance Demonstrations 1. What did we propose? In the November 1, 2019, action, we proposed to require owners and operators of ALDT, MMPP, and PPP surface coating facilities that use the PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 41115 emission rate with add-on controls compliance option to conduct periodic performance testing of add-on control devices on a regular frequency of every 5 years to ensure the equipment continues to operate properly. This proposed periodic testing requirement included an exception to the general requirement for periodic testing for facilities using the catalytic oxidizer control options and following catalyst maintenance procedures that are found in 40 CFR part 63, subparts IIII, MMMM, and PPPP. These catalyst maintenance procedures include annual testing of the catalyst and other maintenance procedures that provide ongoing demonstrations that the control system is operating properly and may, thus, be considered comparable to conducting a performance test. The proposed periodic performance testing requirement also allows an exception from periodic testing for facilities using continuous emission monitoring systems (CEMS) to show actual emissions. The use of CEMS to demonstrate compliance would obviate the need for periodic testing. This proposed requirement did not require periodic testing or CEMS monitoring of facilities using the compliant materials option or the emission-rate without add-on controls compliance option because these two compliance options do not use any addon controls or control efficiency measurements in the compliance calculations. The proposed periodic performance testing requirement requires facilities complying with the standards using emission capture systems and add-on controls and which are not already on a 5-year testing schedule to conduct the first of the periodic performance tests within 3 years of the effective date of the revised standards. Afterward, they would conduct periodic testing before they renew their operating permits, but no longer than 5 years following the previous performance test. Additionally, facilities that have already tested as a condition of their permit within the last 2 years before the effective date would be permitted to maintain their current 5-year schedule. 2. What changed since proposal? We have revised the proposed periodic testing language in 40 CFR part 63, subparts IIII, MMMM, and PPPP, since proposal to clarify that testing is only required for add-on control devices and is not for emission capture systems. We are also revising 40 CFR 63.3093(a) to clarify that facilities in the ALDT source category are not required to meet any operating limits for any coating E:\FR\FM\08JYR2.SGM 08JYR2 41116 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations operations that do not use add-on controls to comply with the emission limits in 40 CFR 63.3090 or 63.3091. 3. What key comments did we receive and what are our responses? jbell on DSKJLSW7X2PROD with RULES2 Comment: One commenter recommended that proposed rule language at 40 CFR 63.3163(c)(3) in subpart IIII should be revised to clarify that periodic performance testing is only required for the add-on control device and that capture system efficiency testing is not required. The commenter argued that the EPA provided no technical justification to require periodic capture efficiency testing, and that capture efficiency is not likely to change without structural or operational changes to the emission capture system. Response: The EPA agrees with the commenter and has revised the periodic performance testing language in 40 CFR part 63, subparts IIII, MMMM, and PPPP to clarify that the testing applies to the add-on control devices and does not include capture efficiency testing. Comment: One commenter requested that the final 40 CFR part 63, subpart IIII should clarify that timing of subsequent performance tests should be aligned with title V permit requirements for testing to avoid additional testing to comply with both the NESHAP and their title V permits. The commenter recommended that regulatory language should provide for periodic testing ‘‘within the 5-year term of the Title V permit’’ or ‘‘within 5 years of the most recent testing,’’ or something similar. The commenter stated that the EPA should not require testing within a specified time period from the issuance of the amended rule or by a specific date. Response: The EPA disagrees with the commenter that changes to the proposed rule language are needed because the proposed rule language already allows this flexibility. The proposed rule language at 40 CFR 63.3163(c)(3) stated, ‘‘. . . You must conduct the first periodic performance test before [date 3 years after date of publications of final rule in the Federal Register], unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after [date 2 years before date of publications of final rule in the Federal Register]. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. . . .’’ Therefore, the proposed rule language already allows a facility to conduct a performance test within the 5-year period of a title V permit if testing is VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 already required, and does not specify any additional testing, as long as the title V permit is renewed on a regular 5year schedule as specified under 40 CFR part 70 and 40 CFR part 71. Comment: One commenter requested that the EPA should allow for performance testing extensions beyond the 5-year requirement when necessary to obtain representative conditions and when agreed to with the EPA or with an EPA-approved permitting authority. The commenter argued that if, for example, significant coating operation facility changes or product changes are planned near the end of a 5-year period, deferring testing until after the change occurs would be preferable to obtain a more representative result. The commenter noted that the General Provisions currently allow for delays in performance tests due to force majeure events or a waiver of subsequent performance tests under certain conditions, but the General Provisions do not specifically reference testing delays due to the need to establish representative conditions. The commenter provided two examples of permit language that allow for extensions of testing periods. Response: The EPA disagrees with the need to allow for testing delays and is not revising the proposed language to include the commenter’s recommendation. The compliance calculations in 40 CFR part 63, subparts IIII, MMMM, and PPPP require a facility to use the organic HAP destruction or removal efficiency (DRE) of the add-on control device. The standards already require that tests be performed under representative coating operation operating conditions and under representative emission capture system and add-on control device operating conditions, which specifically exclude testing during periods of startup, shutdown, nonoperation, and malfunction. The EPA currently does not have sufficient information to define the conditions under which an extension should be granted, and no additional information was provided by the commenter. The commenter also provided no additional information to indicate whether and how the situations described by the commenter (e.g., significant coating operation changes or product changes) would alter the DRE of an add-on control device. The EPA also notes that the purpose of periodic compliance testing is to not only demonstrate future compliance, but to also confirm past compliance. If a facility is planning significant changes that would prevent testing according to the 5-year schedule, the facility may need to complete testing earlier so as to PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 demonstrate that the facility was in compliance under the original configuration. It may be necessary for the facility to repeat testing under the new configuration to re-establish new operating limits and efficiency values for the emission capture and control system. Comment: One commenter requested that the EPA revise 40 CFR 63.3093(a) to clarify that facilities in the ALDT source category that do not use add-on controls to comply with the emission limits in 40 CFR 63.3090 or 63.3091 are not required to comply with the operating limits for add-on controls and emission capture systems. The commenters reported that the original language in 40 CFR 63.3093(a) only mentioned ‘‘coating operations without add-on controls’’ and this has led to confusion because many facilities have add-on controls to limit VOC emissions, but they are not needed to comply with the HAP emission limits. Response: The EPA agrees that this change will avoid confusion and we will make the change to the language in 40 CFR part 63, subpart IIII. Other surface coating NESHAP, such as 40 CFR part 63, subparts MMMM and PPPP, already have language that avoids similar confusion over the applicability of the operating limits. 4. What is the rationale for our final approach for the ongoing compliance demonstrations? For the reasons explained in the preamble to the proposed rules (84 FR 58963, 58974, and 58983, November 1, 2019), and in the comment responses above in section IV.E.3 of this preamble, we are finalizing the periodic testing provisions for 40 CFR part 63, subparts IIII, MMMM, and PPPP, as proposed. As also described in section IV.E.3 of this preamble, we are also making changes to each NESHAP to clarify that testing is only required for add-on control devices and is not required for emission capture systems. We are also revising 40 CFR 63.3093(a) to clarify that facilities in the ALDT source category are not required to meet any operating limits for any coating operations that do not use add-on controls to comply with the emission limits in 40 CFR 63.3090 or 63.3091, as described in section IV.E.3 of this preamble. V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? Currently, we estimate 43 major source facilities are subject to the ALDT NESHAP and operating in the United E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations States. The affected source under the NESHAP is the collection of all coating operations; all storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; all manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and all storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. A coating operation is defined as the equipment used to apply coating to a substrate (coating application) and to dry or cure the coating after application. A single coating operation always includes at least the point at which a coating is applied and all subsequent points in the affected source where organic HAP emissions from that coating occur. There may be multiple coating operations in an affected source. Coating application with hand-held nonrefillable aerosol containers, touchup bottles, touchup markers, marking pens, or pinstriping equipment is not a coating operation for the purposes of this subpart. The application of temporary materials such as protective oils and ‘‘travel waxes’’ that are designed to be removed from the vehicle before it is delivered to a retail purchaser is not a coating operation for the purposes of 40 CFR part 61, subpart IIII. Currently, we estimate 368 major source facilities are subject to the MMPP NESHAP and operating in the United States. The affected source under the NESHAP is the collection of all coating operations; all storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; all manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and all storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. A coating operation is defined as the equipment used to apply cleaning materials to a substrate to prepare it for coating application (surface preparation) or to remove dried coating; to apply coating to a substrate (coating application) and to dry or cure the coating after application; or to clean coating operation equipment (equipment cleaning). A single coating operation may include any combination of these types of equipment but always includes at least the point at which a given quantity of coating or cleaning material is applied to a given part and VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 all subsequent points in the affected source where organic HAP are emitted from the specific quantity of coating or cleaning material on the specific part. There may be multiple coating operations in an affected source. Coating application with handheld, nonrefillable aerosol containers, touch-up markers, or marking pens is not a coating operation for the purposes of 40 CFR part 63, subpart MMMM. Currently, we estimate 125 major source facilities are subject to the PPP NESHAP and operating in the United States. The affected source under the NESHAP is the collection of coating operations; all storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; all manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and all storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. A coating operation is defined as the equipment used to apply cleaning materials to a substrate to prepare it for coating application (surface preparation) or to remove dried coating; to apply coating to a substrate (coating application) and to dry or cure the coating after application; or to clean coating operation equipment (equipment cleaning). A single coating operation may include any combination of these types of equipment but always includes at least the point at which a given quantity of coating or cleaning material is applied to a given part and all subsequent points in the affected source where organic HAP are emitted from the specific quantity of coating or cleaning material on the specific part. There may be multiple coating operations in an affected source. Coating application with handheld, nonrefillable aerosol containers, touch-up markers, or marking pens is not a coating operation for the purposes of 40 CFR part 63, subpart PPPP. B. What are the air quality impacts? At the current level of control, estimated emissions of volatile organic HAP from the 43 facilities in the ALDT source category are approximately 1,700 tpy. Current estimated emissions of volatile organic HAP from the 368 facilities in the MMPP source category are approximately 2,700 tpy. Current estimated emissions of volatile organic HAP from the 125 facilities in the PPP source category are approximately 760 tpy. The amendments require that all major sources in the ALDT, MMPP, and PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 41117 PPP source categories comply with the relevant emission standards at all times, including periods of SSM. We were unable to quantify the emissions that occur during periods of SSM or the specific emissions reductions that will occur as a result of this action. However, eliminating the SSM exemption has the potential to reduce emissions by requiring facilities to meet the applicable standard at all times and to minimize SSM periods. Indirect or secondary air emissions impacts are impacts that would result from, for example, the increased electricity, natural gas, or water usage associated with the operation of control devices (e.g., increased secondary emissions of criteria pollutants from power plants). Energy impacts consist of the electricity and steam needed to operate control devices and other equipment. The amendments would have no effect on the energy needs of the affected facilities in any of the three source categories and will, therefore, have no indirect or secondary air emissions impacts. C. What are the cost impacts? We estimate that each affected facility in these three source categories will experience costs as a result of these final amendments for recordkeeping and reporting. Each facility will experience costs to read and understand the rule amendments. Costs associated with eliminating the SSM exemption were estimated as part of the reporting and recordkeeping costs and include time for re-evaluating previously developed SSM record systems. Costs associated with the requirement to electronically submit notifications and semi-annual compliance reports using CEDRI were estimated as part of the reporting and recordkeeping costs and include time for becoming familiar with CEDRI and the reporting template for semi-annual compliance reports. The recordkeeping and reporting costs are presented in section VI.C of this preamble. We are also finalizing a requirement for performance testing no less frequently than every 5 years for sources in each source category using the addon controls compliance options. We estimate that five major source facilities subject to the ALDT NESHAP may incur costs to conduct periodic testing because they are currently using the emission rate with add-on controls compliance option, and the total cost for all five facilities subject to the ALDT NESHAP in a single year would be $95,000. Similarly, we estimate that seven major source facilities subject to the MMPP NESHAP may incur costs to conduct periodic testing because they E:\FR\FM\08JYR2.SGM 08JYR2 41118 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 are currently using the emission rate with add-on controls compliance option, at a total cost in a single year of $133,000. Finally, we estimate that three major source facilities subject to the PPP NESHAP may incur costs to conduct periodic testing because they are currently using the emission rate with add-on controls compliance option, at a total cost in a single year of $57,000. These estimates exclude testing costs for facilities that have add-on controls and are currently required to perform periodic performance testing as a condition of their state operating permit. The cost for a facility to conduct a destruction or removal efficiency performance test using EPA Method 25 or 25A is estimated to be about $19,000. For further information on the potential costs, see the memorandum titled Estimated Costs/Impacts 40 CFR part 63 Subparts IIII, MMMM, and PPPP Monitoring Review Revisions, May 2019, in the ALDT Docket, MMPP Docket, and PPP Docket. D. What are the economic impacts? The economic impact analysis is designed to inform decision makers about the potential economic consequences of the compliance costs outlined in section VI.C. of this preamble. To assess the maximum potential impact, the largest cost expected to be experienced in any one year is compared to the total sales for the ultimate owner of the affected facilities to estimate the total burden for each facility. For the final revisions to the ALDT NESHAP, the total cost is estimated to be approximately $113,000 for the 43 affected entities in the first year of the rule, and an additional $122,000 in testing and reporting costs for five facilities in the third year of the rule and every 5 years thereafter. The 43 affected facilities are owned by 14 different parent companies, and the total costs associated with the final requirements range from 0.000002 to 0.0056 percent of annual sales revenue per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms. For the final revisions to the MMPP NESHAP, the total cost is estimated to be approximately $964,000 for the 368 affected entities in the first year of the rule, and an additional $172,000 in testing and reporting costs for seven facilities in the third year of the rule and every 5 years thereafter. The 368 affected facilities are owned by 265 different parent companies, and the total costs associated with the final VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 requirements range from 0.000002 to 0.25 percent of annual sales revenue per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms. For the final revisions to the PPP NESHAP, the total cost is estimated to be approximately $327,000 for the 125 affected entities in the first year of the rule, and an additional $74,000 in testing and reporting costs for three facilities in the third year of the rule and every 5 years thereafter. The 125 affected facilities are owned by 94 different parent companies, and the total costs associated with the final requirements range from 0.000008 to 0.22 percent of annual sales revenue per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms. The EPA also prepared a small business screening assessment to determine whether any of the identified affected entities are small entities, as defined by the U.S. Small Business Administration. One of the facilities potentially affected by the final revisions to the ALDT NESHAP is a small entity. However, the annualized costs associated with the final requirements is 0.0056 percent of annual sales revenue for the owner of that facility. Of the facilities potentially affected by the final revisions to the MMPP NESHAP, 110 are small entities. However, the annualized costs associated with the final requirements for the 103 ultimate owners of these 110 affected small entities range from 0.001 to 0.25 percent of annual sales revenues per ultimate owner. Of the facilities potentially affected by the final revisions to the PPP NESHAP, 35 are small entities. However, the annualized costs associated with the final requirements for the 35 ultimate owners of these 35 affected small entities range from 0.0009 to 0.22 percent of annual sales revenues per ultimate owner. Therefore, there are no significant economic impacts on a substantial number of small entities from these final amendments. E. What are the benefits? As stated in section V.B. of the November 1, 2019, RTR proposal (84 FR 58986), we were unable to quantify the specific emissions reductions associated with eliminating the SSM exemption, although this change has the potential to reduce emissions of volatile organic HAP. PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 Because these amendments are not considered economically significant, as defined by Executive Order 12866, we did not monetize the benefits of reducing these emissions. This does not mean that there are no benefits associated with the potential reduction in volatile organic HAP from this rule. F. What analysis of environmental justice did we conduct? Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. The order directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. To examine the potential for any environmental justice issues that might be associated with these source categories, we performed a demographic analysis for each source category, which is an assessment of risks to individual demographic groups of the populations living within 5 kilometers (km) and within 50 km of the facilities. In the analysis, we evaluated the distribution of HAP-related cancer and noncancer risks from each source category across different demographic groups within the populations living near facilities. 1. Surface Coating of ALDT The results of the demographic analysis for the Surface Coating of ALDT source category are summarized in Table 5 of this preamble. These results, for various demographic groups, are based on the estimated risk from actual emissions levels for the population living within 50 km of the facilities. The results of the ALDT source category demographic analysis indicate that emissions from the source category expose approximately 15,000 people to a cancer risk at or above 1-in-1 million and no one is exposed to a chronic noncancer HI greater than 1. The overall percent of the population that is minorities is similar nationally (38 percent) and for the category population with cancer risk greater than or equal to 1-in-1 million (40 percent). However, the category population with cancer risk greater than or equal to 1-in-1 million has a greater percent Hispanic population (27 percent) as compared to the national percent Hispanic population (18 percent). E:\FR\FM\08JYR2.SGM 08JYR2 41119 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 5—SURFACE COATING OF ALDT SOURCE CATEGORY DEMOGRAPHIC RISK ANALYSIS RESULTS Total Population ....................................... Population with chronic noncancer HI above 1 due to surface coating of ALDT Nationwide Population with cancer risk at or above 1-in-1 million due to surface coating of ALDT 317,746,049 ............................................. 15,000 ...................................................... 0 White and Minority by Percent White ........................................................ Minority .................................................... 62 ............................................................. 38 ............................................................. 60 ............................................................. 40 ............................................................. 0 0 10 ............................................................. 0.2 ............................................................ 27 ............................................................. 3 ............................................................... 0 0 0 0 19 ............................................................. 81 ............................................................. 0 0 14 ............................................................. 86 ............................................................. 0 0 Minority Detail by Percent African American ..................................... Native American ...................................... Hispanic or Latino .................................... Other and Multiracial ............................... 12 ............................................................. 0.8 ............................................................ 18 ............................................................. 7 ............................................................... Income by Percent Below the Poverty Level .......................... Above the Poverty Level ......................... 14 ............................................................. 86 ............................................................. Education by Percent Over 25 Without High a School Diploma Over 25 With a High School Diploma ..... 14 ............................................................. 86 ............................................................. Linguistically Isolated by Percent Linguistically Isolated ............................... 6 ............................................................... The methodology and the results of the demographic analysis are presented in a technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Automobile and Light-Duty Truck Surface Coating Source Category Operations, in the ALDT Docket. 2. Surface Coating of MMPP The results of the demographic analysis for the Surface Coating of 3 ............................................................... MMPP source category are summarized in Table 6 of this preamble. These results, for various demographic groups, are based on the estimated risk from actual emissions levels for the population living within 50 km of the facilities. The results of the MMPP source category demographic analysis indicate that approximately 18,000 people are exposed to a cancer risk at or above 1- 0 in-1 million and no one is exposed to a chronic noncancer HI greater than 1. The percentages of the at-risk population in the following specific demographic groups are higher than their respective nationwide percentages: ‘‘White,’’ ‘‘Below the Poverty Level,’’ and ‘‘Over 25 and Without a High School Diploma.’’ TABLE 6—SURFACE COATING OF MMPP SOURCE CATEGORY DEMOGRAPHIC RISK ANALYSIS RESULTS Nationwide Total Population ........................................................................................................................... Population with cancer risk at or above 1-in-1 million due to surface coating of MMPP Population with chronic noncancer HI above 1 due to surface coating of MMPP 317,746,049 18,000 0 62 38 75 25 0 0 12 0.8 18 12 0.6 9 0 0 0 jbell on DSKJLSW7X2PROD with RULES2 White and Minority by Percent White ............................................................................................................................................ Minority ........................................................................................................................................ Minority Detail by Percent African American ......................................................................................................................... Native American .......................................................................................................................... Hispanic or Latino ........................................................................................................................ VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41120 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 6—SURFACE COATING OF MMPP SOURCE CATEGORY DEMOGRAPHIC RISK ANALYSIS RESULTS—Continued Population with cancer risk at or above 1-in-1 million due to surface coating of MMPP Nationwide Other and Multiracial ................................................................................................................... Population with chronic noncancer HI above 1 due to surface coating of MMPP 7 3 0 14 86 20 80 0 0 14 86 18 82 0 0 6 3 0 Income by Percent Below the Poverty Level .............................................................................................................. Above the Poverty Level ............................................................................................................. Education by Percent Over 25 Without High a School Diploma .................................................................................... Over 25 With a High School Diploma ......................................................................................... Linguistically Isolated by Percent Linguistically Isolated ................................................................................................................... The methodology and the results of the demographic analysis are presented in a technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near the Surface Coating of Miscellaneous Metal Parts and Products Source Category, in the MMPP Docket. 3. Surface Coating of PPP The results of the demographic analysis for the Surface Coating of PPP source category are summarized in Table 7 of this preamble. These results, for various demographic groups, are based on the estimated risk from actual emissions levels for the population living within 50 km of the facilities. The results of the PPP source category demographic analysis indicate that approximately 500 people are exposed to a cancer risk at or above 1-in-1 million and no one is exposed to a chronic noncancer HI greater than 1. The percentages of the at-risk population in the following specific demographic groups are higher than their respective nationwide percentages: ‘‘White’’ and ‘‘Below the Poverty Level.’’ TABLE 7—SURFACE COATING OF PPP SOURCE CATEGORY DEMOGRAPHIC RISK ANALYSIS RESULTS Population with cancer risk at or above 1-in-1 million due to surface coating of PPP Population with chronic noncancer HI above 1 due to surface coating of PPP 317,746,049 500 0 62 38 92 8 0 0 12 0.8 18 7 4 0.1 3 1 0 0 0 0 14 86 19 81 0 0 14 86 14 86 0 0 Nationwide Total Population ........................................................................................................................... White and Minority by Percent White ............................................................................................................................................ Minority ........................................................................................................................................ Minority Detail by Percent African American ......................................................................................................................... Native American .......................................................................................................................... Hispanic or Latino ........................................................................................................................ Other and Multiracial ................................................................................................................... jbell on DSKJLSW7X2PROD with RULES2 Income by Percent Below the Poverty Level .............................................................................................................. Above the Poverty Level ............................................................................................................. Education by Percent Over 25 Without High a School Diploma .................................................................................... Over 25 With a High School Diploma ......................................................................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41121 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 7—SURFACE COATING OF PPP SOURCE CATEGORY DEMOGRAPHIC RISK ANALYSIS RESULTS—Continued Nationwide Population with cancer risk at or above 1-in-1 million due to surface coating of PPP Population with chronic noncancer HI above 1 due to surface coating of PPP 0 0 Linguistically Isolated by Percent Linguistically Isolated ................................................................................................................... The methodology and the results of the demographic analysis are presented in a technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Surface Coating of Plastic Parts and Products Source Category Operations, in the PPP Docket. G. What analysis of children’s environmental health did we conduct? The EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action’s health and risk assessments are summarized in section IV.A of this preamble and are further documented in the Residual Risk Assessment for the Surface Coating of Automobiles and Light-Duty Trucks Source Category in Support of the 2020 Risk and Technology Review Final Rule, Residual Risk Assessment for the Surface Coating of Miscellaneous Metal Parts and Products Source Category in Support of the 2020 Risk and Technology Review Final Rule, and Residual Risk Assessment for the Surface Coating of Plastic Parts and Products Source Category in Support of the 2020 Risk and Technology Review Final Rule, in the ALDT Docket, MMPP Docket, and PPP Docket, respectively. VI. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. jbell on DSKJLSW7X2PROD with RULES2 A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) The information collection activities in this rule have been submitted for approval to OMB under the PRA, as discussed for each source category covered by this action in sections VI.C.1, 2, and 3 of this preamble. 1. Surface Coating of ALDT The Information Collection Request (ICR) document that the EPA prepared has been assigned EPA ICR number 2045.09. You can find a copy of the ICR in the ALDT Docket for this rule (Docket ID No. EPA–HQ–OAR–2019–0314), and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. As part of the RTR for the ALDT NESHAP, the EPA is not revising the emission limit requirements. The EPA has revised the SSM provisions of the rule and is requiring the use of electronic data reporting for future performance test data submittals, notifications, and reports. This information is being collected to assure compliance with 40 CFR part 63, subpart IIII. The EPA is finalizing a requirement to conduct control device performance testing no less frequently than once every 5 years for facilities using the emission rate with add-on controls compliance option. Respondents/affected entities: Facilities performing surface coating of ALDT. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart IIII). Estimated number of respondents: In the 3 years after the amendments are final, approximately 43 respondents per year will be subject to the NESHAP and no additional respondents are expected to become subject to the NESHAP during that period. The EPA estimates PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 6 that five facilities will be required to conduct performance testing in the 3 years after the amendments are final. Frequency of response: The total number of responses in year 1 is 129 and in year 3 is 15. Year 2 would have no responses. Total estimated burden: The average annual burden to the ALDT surface coating facilities over the 3 years after the amendments are finalized is estimated to be 410 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The average annual cost to the ALDT surface coating facilities is $47,000 in labor costs in the first 3 years after the amendments are final. The average annual capital and operation and maintenance (O&M) costs is $32,000. 2. Surface Coating of MMPP The ICR document that the EPA prepared has been assigned EPA ICR number 2056.08. You can find a copy of the ICR in the MMPP Docket for this rule (Docket ID No. EPA–HQ–OAR– 2019–0312), and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. As part of the RTR for the MMPP NESHAP, the EPA is not revising the emission limit requirements. The EPA has revised the SSM provisions of the rule and is requiring the use of electronic data reporting for future performance test data submittals, notifications, and reports. This information is being collected to assure compliance with 40 CFR part 63, subpart MMMM. The EPA is finalizing a requirement to conduct control device performance testing no less frequently than once every 5 years for facilities using the emission rate with add-on controls compliance option. Respondents/affected entities: Facilities performing surface coating of MMPP. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart MMMM). Estimated number of respondents: In the 3 years after the amendments are E:\FR\FM\08JYR2.SGM 08JYR2 41122 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES2 final, approximately 368 respondents per year will be subject to the NESHAP and no additional respondents are expected to become subject to the NESHAP during that period. Frequency of response: The total number of responses in year 1 is 1,104 and in year 3 is 21. Year 2 would have no responses. Total estimated burden: The average annual burden to the MMPP surface coating facilities over the 3 years after the amendments are final is estimated to be 2,930 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The average annual cost to the MMPP surface coating facilities is $334,000 in labor costs in the first 3 years after the amendments are final. The average annual capital and O&M cost is $44,000. 3. Surface Coating of PPP The ICR document that the EPA prepared has been assigned EPA ICR number 2044.09. You can find a copy of the ICR in the PPP Docket for this rule (Docket ID No. EPA–HQ–OAR–2019– 0313), and it is briefly summarized here. The information collection requirements are not enforceable until OMB approves them. As part of the RTR for the PPP NESHAP, the EPA is not revising the emission limit requirements. The EPA has revised the SSM provisions of the rule and is requiring the use of electronic data reporting for future performance test data submittals, notifications, and reports. This information is being collected to assure compliance with 40 CFR part 63, subpart PPPP. The EPA is finalizing a requirement to conduct control device performance testing no less frequently than once every 5 years for facilities using the emission rate with add-on controls compliance option. Respondents/affected entities: Facilities performing surface coating of PPP. Respondent’s obligation to respond: Mandatory (40 CFR part 63, subpart PPPP). Estimated number of respondents: In the 3 years after the amendments are final, approximately 125 respondents per year will be subject to the NESHAP and no additional respondents are expected to become subject to the NESHAP during that period. Frequency of response: The total number of responses in year 1 is 375 and in year 3 is nine. Year 2 would have no responses. Total estimated burden: The average annual burden to the PPP surface coating facilities over the 3 years after the amendments are final is estimated to VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 be 1,007 hours (per year). Burden is defined at 5 CFR 1320.3(b). Total estimated cost: The average annual cost to the PPP surface coating facilities is $115,000 in labor costs in the first 3 years after the amendments are final. The average annual capital and O&M cost is $19,000. This action does not impose any new information collection burden related to the NESHAP for Surface Coating of Large Appliances; NESHAP for Printing, Coating, and Dyeing of Fabrics and Other Textiles; and NESHAP for Surface Coating of Metal Furniture. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060–0457 for NESHAP for Surface Coating of Large Appliances; 2060–0522 for NESHAP for Printing, Coating, and Dyeing of Fabrics and Other Textiles; and 2060–0518 for NESHAP for Surface Coating of Metal Furniture. This notice only finalizes technical corrections to these standards and does not impact the reporting or recordkeeping requirements. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves the ICRs, the Agency will announce that approval in the Federal Register and publish a technical amendment to 40 CFR part 9 to display the OMB control number for the approved information collection activities contained in the final rule. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The economic impact associated with the requirements in this action for the affected small entities is described in section V.D. of this preamble. E. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. No tribal facilities are known to be engaged in any of the industries that would be affected by this action (ALDT surface coating, MMPP surface coating, and PPP surface coating). Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action’s health and risk assessments are contained in sections III.A and C, IV.A.1 and 2, IV.B.1 and 2, and IV.C.1 and 2 of this preamble and are further documented in the Residual Risk Assessment for the Surface Coating of ALDT Source Category in Support of the 2020 Risk and Technology Review Final Rule, Residual Risk Assessment for the Surface Coating of MMPP Source Category in Support of the 2020 Risk and Technology Review Final Rule, and Residual Risk Assessment for the Surface Coating of PPP Source Category in Support of the 2020 Risk and Technology Review Final Rule, in the ALDT Docket, MMPP Docket, and PPP Docket, respectively. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 This rulemaking involves technical standards. The EPA conducted searches for the MACT standards through the Enhanced National Standards Systems Network Database managed by the American National Standards Institute. We also contacted VCS organizations and accessed and searched their databases. During the EPA’s VCS search, if the title or abstract (if provided) of the E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations VCS described technical sampling and analytical procedures that are similar to the EPA’s reference method, the EPA reviewed it as a potential equivalent method. The EPA is finalizing, as proposed, addition of methods to the ALDT NESHAP, the MMPP NESHAP, and the PPP NESHAP, as discussed in this section VI.J. The EPA is amending the ALDT NESHAP, the MMPP NESHAP, and the PPP NESHAP to provide owners and operators with the option of using two new methods. We are adding EPA Method 18 of appendix A to 40 CFR part 60, ‘‘Measurement of Gaseous Organic Compound Emissions by Gas Chromatography,’’ to measure and subtract methane emissions from measured total gaseous organic mass emissions as carbon. We are also amending each of these NESHAP to incorporate by reference ASTM D2369– 10 (Reapproved 2015)e, ‘‘Standard Test Method for Volatile Content of Coatings,’’ into these three NESHAP as an alternative to EPA Method 24 for the determination of the volatile matter content in surface coatings. ASTM D2369–10 (Reapproved 2015)e is a test method that allows for more accurate results for multi-component chemical resistant coatings. We are amending the MMPP NESHAP and the PPP NESHAP to incorporate by reference ASTM D2111–10 (Reapproved 2015), ‘‘Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures,’’ as an alternative to ASTM D1475–13. ASTM D2111–10 (Reapproved 2015) is a test method that allows measurement of specific gravity at different temperatures that are chosen by the analyst. We are amending all three NESHAP to update ASTM D1475–98 (Reapproved 2003), ‘‘Standard Test Method for Density of Liquid Coatings, Inks, and Related Products,’’ by incorporating by reference ASTM D1475–13, ‘‘Standard Test Method for Density of Liquid Coatings, Inks, and Related Products.’’ This test method covers the measurement of the density of paints, inks, varnishes, lacquers, and components thereof, other than pigments, when in fluid form. We are amending the ALDT NESHAP and the MMPP NESHAP to update ASTM D2697–86 (Reapproved 1998), ‘‘Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,’’ by incorporating by reference ASTM D2697–03 (Reapproved 2014), which is the updated version of the previously approved method, and to update ASTM D6093–97 (Reapproved 2003), VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 ‘‘Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using Helium Gas Pycnometer,’’ by incorporating by reference ASTM D6093–97 (Reapproved 2016), which is the updated version of the previously approved method. ASTM D2697–03 (Reapproved 2014) is a test method that can be used to determine the volume of nonvolatile matter in clear and pigmented coatings, and ASTM D6093–97 (Reapproved 2016) is a test method that can be used to determine the percent volume of nonvolatile matter in clear and pigmented coatings. We are amending the ALDT NESHAP to update ASTM D5066–91 (Reapproved 2001), ‘‘Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive PaintsWeight Basis,’’ by incorporating by reference ASTM D5066–91 (Reapproved 2017), which is the updated version of the previously approved method. This test method covers procedures for determination of the transfer efficiency (using a weight method) under production conditions for in-plant spray application of automotive paints as outlined in Section 18 of EPA 450/3– 88–018. We are amending the ALDT NESHAP and the MMPP NESHAP to update ASTM D5965–02, ‘‘Standard Test Methods for Specific Gravity of Coating Powders,’’ by incorporating by reference ASTM D5965–02 (Reapproved 2013), which is the updated version of the previously approved method. These test methods cover three procedures for determining the specific gravity (see definition) of coating powders, i.e., Test Method A—For Testing Coating Powders, Excluding Metallics; Test Method B—For Tests Requiring Greater Precision than Test Method A, Including Metallics, Using Helium Pycnometry; and Test Method C—For Theoretical Calculation Based on Raw Material. We are amending the ALDT NESHAP to update ASTM D6266–00a, ‘‘Standard Test Method for Determining the Amount of Volatile Organic Compound (VOC) Released from Waterborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement),’’ by incorporating by reference ASTM D6266–00a (Reapproved 2017), which is the updated version of the previously approved method. This test method describes the determination of the amount of VOC released from applied waterborne automotive coatings that is available for delivery to a VOC control device. The determination is PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 41123 accomplished by measuring the weight loss of a freshly coated test panel subject to evaporation or drying and by analysis of the VOC or water content in the coating. The ASTM standards are available from ASTM International 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428–2959. See https://www.astm.org/. The EPA is amending the ALDT NESHAP to incorporate by reference EPA–450/3–88–018 ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ for use in 40 CFR 63.3130(c), 63.3161(d), and (g), 63.3165(e), and appendix A to subpart IIII of part 63. This protocol determines the daily VOC emission rate (pounds of VOC per gallon of coating solids deposited) for a complete ALDT topcoat operation and is available in the ALDT Docket. The protocol is designed for uses in cases where topcoat emission limit is stated in units of pounds of VOC per gallon of solids deposited, compliance is demonstrated each day, and entire topcoat operation is treated as a single entity. The protocol uses the number of square feet coated on each vehicle in each booth with each coating as the basis for the daily weighting of individual transfer efficiency and bake oven exhaust control values. The method is intended to apply to primary coatings for new ALDT bodies, body parts for new ALDT, and other parts that are coated along with these bodies or body parts. It can also be downloaded from the EPA’s website at the National Service Center for Environmental Publications, just access the following website at https://nepis.epa.gov and search either the title or document number. The EPA decided not to include certain other VCS; these methods are impractical as alternatives because of the lack of equivalency, documentation, validation date, and other important technical and policy considerations. The search and review results have been documented and are in the memoranda titled Voluntary Consensus Standard Results for NESHAP RTR: Surface Coating of Automobile and Light-Duty Trucks, June 2019, Voluntary Consensus Standard Results for NESHAP RTR: Surface Coating of Miscellaneous Metal Parts, June 2019, and Voluntary Consensus Standard Results for NESHAP RTR: Surface Coating of Plastic Parts and Products, June 2019, in the ALDT Docket, MMPP Docket, and the PPP Docket, respectively. The revised regulatory text contains references to ANSI/ASME PTC 19.10– E:\FR\FM\08JYR2.SGM 08JYR2 41124 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 1981 (§ 63.3166) and ASTM D5087–02 (§ 63.3165 and appendix A to subpart IIII). Both of these standards were previously approved for these sections. That approval continues without change. Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General Provisions, a source may apply to the EPA for permission to use alternative test methods or alternative monitoring requirements in place of any required testing methods, performance specifications, or procedures in the final rule or any amendments. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). jbell on DSKJLSW7X2PROD with RULES2 List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Incorporation by reference, Reporting and recordkeeping requirements, Surface coating of automobiles and light-duty trucks, Surface coating of miscellaneous metal Jkt 250001 For the reasons set forth in the preamble, the EPA amends 40 CFR part 63 as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Subpart A—General Provisions L. Congressional Review Act (CRA) 18:13 Jul 07, 2020 Dated: March 11, 2020. Andrew R. Wheeler, Administrator. Authority: 42 U.S.C. 7401 et seq. The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action increases the level of environmental protection for all affected populations. The results of this evaluation are contained in section IV.A of this preamble and the technical reports titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Automobile and Light-Duty truck Surface Coating Category Operations, March 2019, Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near the Surface Coating of Miscellaneous Metal Parts and Products Source Category, May 2019, and Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Surface Coating of Plastic Parts and Products Source Category Operations, April 2019, available in the ALDT Docket, MMPP Docket, and the PPP Docket, respectively. VerDate Sep<11>2014 parts and products, Surface coating of plastic parts and products. 2. Section 63.14 is amended by: a. Removing paragraph (h)(12); b. Redesignating paragraphs (h)(13) through (115) as paragraphs (h)(12) through (114); ■ c. Revising newly redesignated paragraphs (h)(12), (20), (25), (28), (29), (65), (75), (77), (78), and (80); ■ d. Redesignating paragraphs (n)(1) through (24) as paragraphs (n)(2) through (25); and ■ e. Adding new paragraph (n)(1). The revisions and addition read as follows: ■ ■ ■ § 63.14 Incorporations by reference * * * * * (h) * * * (12) ASTM D1475–13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, approved November 1, 2013, IBR approved for §§ 63.3151(b), 63.3941(b) and (c), 63.3951(c), 63.4141(b) and (c), 63.4551(c), 63.4741(b) and (c), 63.4751(c), and 63.4941(b) and (c). * * * * * (20) ASTM D2111–10 (Reapproved 2015), Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures, approved June 1, 2015, IBR approved for §§ 63.3951(c), 63.4141(b) and (c), 63.4551(c), and 63.4741(a). * * * * * (25) ASTM D2369–10 (Reapproved 2015)e, Standard Test Method for Volatile Content of Coatings, approved June 1, 2015, IBR approved for §§ 63.3151(a), 63.3961(j), 63.4141(a) and (b), 63.4161(h), 63.4321(e), 63.4341(e), 63.4351(d), 63.4541(a), 63.4561(j), 63.4741(a), 63.4941(a) and (b), and 63.4961(j). * * * * * (28) ASTM D2697–86 (Reapproved 1998), Standard Test Method for Volume Nonvolatile Matter in Clear or PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 Pigmented Coatings, IBR approved for §§ 63.3521(b), and 63.5160(c). (29) ASTM D2697–03 (Reapproved 2014), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, approved July 1, 2014, IBR approved for §§ 63.3161(f), 63.3941(b), 63.4141(b), 63.4741(a) and (b), and 63.4941(b). * * * * * (65) ASTM D5066–91 (Reapproved 2017), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive PaintsWeight Basis, approved June 1, 2017, IBR approved for § 63.3161(g). * * * * * (75) ASTM D5965–02 (Reapproved 2013), Standard Test Methods for Specific Gravity of Coating Powders, approved June 1, 2013, IBR approved for §§ 63.3151(b) and 63.3951(c). * * * * * (77) ASTM D6093–97 (Reapproved 2003), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, IBR approved for §§ 63.3521 and 63.5160(c). (78) ASTM D6093–97 (Reapproved 2016), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, approved December 1, 2016, IBR approved for §§ 63.3161(f), 63.3941(b), 63.4141(b), 63.4741(a) and (b), and 63.4941(b). * * * * * (80) ASTM D6266–00a (Reapproved 2017), Standard Test Method for Determining the Amount of Volatile Organic Compound (VOC) Released from Waterborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), approved July 1, 2017, IBR approved for § 63.3165(e). * * * * * (n) * * * (1) EPA–450/3–88–018, Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, December 1988, IBR approved for §§ 63.3130(c), 63.3161(d) and (g), 63.3165(e), and appendix A to subpart IIII. * * * * * Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks 3. Section 63.3092 is amended by revising paragraph (a)(2) to read as follows: ■ E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations § 63.3092 How must I control emissions from my electrodeposition primer system if I want to comply with the combined primersurfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive emission limit? * * * * * (a) * * * (2) 0.10 percent by weight of any organic HAP in table 5 of this subpart. * * * * * ■ 4. Section 63.3093 is amended by revising paragraphs (a) and (b) to read as follows: § 63.3093 meet? What operating limits must I (a) You are not required to meet any operating limits for any coating operation(s) without add-on controls, nor are you required to meet operating limits for any coating operation(s) that do not utilize emission capture systems and add-on controls to comply with the emission limits in § 63.3090 or § 63.3091. (b) Except as provided in paragraph (d) of this section, for any controlled coating operation(s), you must meet the operating limits specified in table 1 to this subpart. These operating limits apply to the emission capture and addon control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during performance tests according to the requirements in § 63.3167. You must meet the operating limits at all times after you establish them. * * * * * ■ 5. Section 63.3100 is amended by revising paragraphs (b), (d), and (f) to read as follows: § 63.3100 What are my general requirements for complying with this subpart? jbell on DSKJLSW7X2PROD with RULES2 * * * * * (b) Before January 5, 2021, the coating operations must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3093 at all times except during periods of SSM. On and after January 5, 2021, the coating operations must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3093 at all times. * * * * * (d) Before January 5, 2021, you must always operate and maintain your affected source including all air pollution control and monitoring equipment you use for purposes of complying with this subpart according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. * * * * * (f) Before January 5, 2021, if your affected source uses emission capture systems and add-on control devices, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). The SSMP must address startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the addon control devices. On and after January 5, 2021, the SSMP is not required. ■ 6. Section 63.3120 is amended by: ■ a. Revising paragraphs (a)(4), (a)(5) introductory text, (a)(5)(iv); ■ b. Adding paragraph (a)(5)(v); ■ c. Revising paragraphs (a)(6) introductory text and (a)(6)(iii), (vi) through (viii), (x), (xiii), and (xiv); ■ d. Adding paragraph (a)(6)(xv); ■ e. Revising paragraphs (a)(7) introductory text and (a)(7)(i) and (iii); ■ f. Adding paragraph (a)(7)(iv); ■ g. Revising paragraphs (a)(8) introductory text, (a)(8)(ii), (v) through (vii), (ix), and (xii), (a)(9) introductory text, (a)(9)(i) and (ii), and (c) introductory text; and ■ h. Adding paragraphs (d) through (h). The revisions and additions read as follows: § 63.3120 What reports must I submit? (a) * * * (4) No deviations. If there were no deviations from the emission limits, operating limits, or work practices in §§ 63.3090, 63.3091, 63.3092, 63.3093, and 63.3094 that apply to you, the semiannual compliance report must include a statement that there were no deviations from the applicable emission limitations during the reporting period. If you used control devices to comply with the emission limits, and there were PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 41125 no periods during which the CPMS were out of control as specified in § 63.8(c)(7), the semiannual compliance report must include a statement that there were no periods during which the CPMS were out of control during the reporting period. (5) Deviations: adhesive, sealer, and deadener. Before January 5, 2021, if there was a deviation from the applicable emission limits in § 63.3090(c) and (d) or § 63.3091(c) and (d), the semiannual compliance report must contain the information in paragraphs (a)(5)(i) through (iv) of this section. On and after January 5, 2021, if there was a deviation from the applicable emission limits in § 63.3090(c) and (d) or § 63.3091(c) and (d), the semiannual compliance report must contain the information in paragraphs (a)(5)(i) through (v) of this section. * * * * * (iv) The reason for the deviation (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over the applicable emission limit in § 63.3090(c) and (d) or § 63.3091(c) and (d), and a description of the method used to estimate the emissions. (6) Deviations: combined electrodeposition primer, primersurfacer, topcoat, final repair, glass bonding primer and glass bonding adhesive, or combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c). Before January 5, 2021, if there was a deviation from the applicable emission limits in § 63.3090(a) or (b) or § 63.3091(a) or (b) or the applicable operating limit(s) in table 1 to this subpart, the semiannual compliance report must contain the information in paragraphs (a)(6)(i) through (xiv) of this section. On and after January 5, 2021, if there was a deviation from the applicable emission limits in § 63.3090(a) or (b) or § 63.3091(a) or (b) or the applicable operating limit(s) in table 1 to this subpart, the semiannual compliance report must contain the information in paragraphs (a)(6)(i) through (xv) of this section. * * * * * E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41126 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (iii) The date and time that each malfunction of the capture system or add-on control devices used to control emissions from these operations started and stopped. * * * * * (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, for each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (vii) Before January 5, 2021, the date and time period that each CPMS was out of control, including the information in § 63.8(c)(8). On and after January 5, 2021, for each instance that the CPMS was out of control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, The date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of each bypass of an add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the date, time, and duration of each deviation from an operating limit in table 1 to this subpart; and the date, time, and duration of each bypass of an add-on control device. * * * * * (x) Before January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. * * * * * (xiii) Before January 5, 2021, for each deviation from the work practice standards a description of the deviation, the date and time period of the deviation, and the actions you took to VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(6)(xiii)(A) and (B) of this section. (A) A description of the deviation, the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3100(d). (B) A list of the affected sources or equipment for which a deviation occurred, the cause of the deviation (including unknown cause, if applicable), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (xiv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limitation in § 63.3090(a) or (b) or § 63.3091(a) or (b) or operating limit in table 1 of this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (xv) On and after January 5, 2021, for each deviation from an emission limitation in § 63.3090(a) or (b), or § 63.3091(a) or (b), or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3090(a) or (b) or § 63.3091(a) or (b), and a description of the method used to estimate the emissions. (7) Deviations: Separate electrodeposition primer organic HAP content limit. Before January 5, 2021, if you used the separate electrodeposition primer organic HAP content limits in § 63.3092(a), and there was a deviation from these limits, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (iii) of this section. On and after January 5, 2021, if you used the separate electrodeposition primer organic HAP content limits in § 63.3092(a), and there was a deviation from these limits, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (iv) of this section. (i) Identification of each material used that deviated from the emission limit, and the date, time, and duration each was used. * * * * * (iii) A statement of the cause of each deviation (including unknown case, if applicable). (iv) On and after January 5, 2021, the number of deviations, a list of the affected source or equipment, an estimate of the quantity of each PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 regulated pollutant emitted over any emission limit in § 63.3092(a), and a description of the method used to estimate the emissions. (8) Deviations: Separate electrodeposition primer bake oven capture and control limitations. Before January 5, 2021, if you used the separate electrodeposition primer bake oven capture and control limitations in § 63.3092(b), and there was a deviation from the limitations in § 63.3092(b) or the applicable operating limit in table 1 to this subpart, the semiannual compliance report must contain the information in paragraphs (a)(8)(i) through (xii) of this section. On and after January 5, 2021, if you used the separate electrodeposition primer bake oven capture and control limitations in § 63.3092(b), and there was a deviation from the limitations in § 63.3092(b) or the applicable operating limit in table 1 to this subpart, the semiannual compliance report must contain the information in paragraphs (a)(8)(i) through (xiv) of this section. * * * * * (ii) The date and time that each malfunction of the capture systems or control devices used to control emissions from the electrodeposition primer bake oven started and stopped. * * * * * (v) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, for each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (vi) Before January 5, 2021, the date, time, and duration that each CPMS was out of control, including the information in § 63.8(c)(8). On and after January 5, 2021, for each instance that the CPMS was out of control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (vii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of each bypass of an add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the date, time, and duration of each deviation from an operating limit in table 1 to this subpart; and the date, E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations time, and duration of each bypass of an add-on control device. * * * * * (ix) Before January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. * * * * * (xii) A statement of the cause of each deviation (including unknown cause, if applicable). (9) Deviations: Work practice plans. Before January 5, 2021, if there was a deviation from an applicable work practice plan developed in accordance with § 63.3094(b) or (c), the semiannual compliance report must contain the information in paragraphs (a)(9)(i) through (iii) of this section. On and after January 5, 2021, if there were deviations from an applicable work practice plan developed in accordance with § 63.3094(b) or (c), the semiannual compliance report must contain the number of deviations, and, for each deviation, the information in paragraphs (a)(9)(i) through (iii) of this section. (i) Before January 5, 2021, the time period during which each deviation occurred. On and after January 5, 2021, the date, time, and duration of the deviation. (ii) Before January 5, 2021, the nature of each deviation. On and after January 5, 2021, the nature of the deviation, including a list of the affected sources or equipment for which the deviation occurred, and the cause of the deviation (including unknown cause, if applicable). * * * * * (c) SSM reports. Before January 5, 2021, if you used add-on control devices and you had a SSM during the semiannual reporting period, you must submit the reports specified in paragraphs (c)(1) and (2) of this section. On and after January 5, 2021, the reports specified in paragraphs (c)(1) and (2) of this section are not required. * * * * * (d) Performance test reports. On and after January 5, 2021, you must submit VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 the results of the performance test required in paragraph (b) of this section following the procedure specified in paragraphs (d)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test, you must submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA’s Central Data Exchange (CDX) (https:// cdx.epa.gov/)). Performance test data must be submitted in a file format generated through the use of the EPA’s ERT or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website. (2) For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (c)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/ OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (c)(1) of this section. (e) Initial notification reports. On and after January 5, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in §§ 63.9(h) and 63.3110(c) to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The owner or operator must upload to CEDRI an electronic copy of each applicable notification in portable PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 41127 document format (PDF). The applicable notification must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (f) Semiannual compliance reports. On and after January 5, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in paragraph (a) of this section to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The owner or operator must use the appropriate electronic template on the CEDRI Web for this subpart or an alternate electronic file format consistent with the XML schema listed on the CEDRI website (https://www.epa.gov/ electronic-reporting-air-emissions/ compliance-and-emissions-datareporting-interface-cedri). If the reporting form for the semiannual compliance report specific to this subpart is not available in CEDRI at the time that the report is due, you must submit the report to the Administrator at the appropriate addresses listed in § 63.13. Once the form has been available in CEDRI for 1 year, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41128 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (g) Reporting during EPA system outages. If you are required to electronically submit a report through the CEDRI in the EPA’s CDX, and due to a planned or actual outage of either the EPA’s CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of the EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (h) Reporting during force majeure events. If you are required to electronically submit a report through CEDRI in the EPA’s CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If you intend to assert a claim of force majeure, you must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. ■ 7. Section 63.3130 is amended by revising paragraphs (c)(4) and (5), (g), and (h) and adding paragraph (p) to read as follows: § 63.3130 What records must I keep? * * * * * (c) * * * (4) A record of the calculation of the organic HAP emission rate for electrodeposition primer, primersurfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) for each month if subject to the emission limit of § 63.3090(a) or § 63.3091(a). This record must include all raw data, algorithms, and intermediate calculations. If the guidelines presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3–88– 018 (incorporated by reference, see § 63.14), are used, you must keep records of all data input to this protocol. If these data are maintained as electronic files, the electronic files, as well as any paper copies must be PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 maintained. These data must be provided to the permitting authority on request on paper, and in (if calculations are done electronically) electronic form. (5) A record of the calculation of the organic HAP emission rate for primersurfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) for each month if subject to the emission limit of § 63.3090(b) or § 63.3091(b), and a record of the weight fraction of each organic HAP in each material added to the electrodeposition primer system if subject to the limitations of § 63.3092(a). This record must include all raw data, algorithms, and intermediate calculations. If the guidelines presented in ‘‘Protocol for Determining Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3–88– 018 (incorporated by reference, see § 63.14) are used, you must keep records of all data input to this protocol. If these data are maintained as electronic files, the electronic files, as well as any paper copies must be maintained. These data must be provided to the permitting authority on request on paper, and in (if calculations are done electronically) electronic form. * * * * * (g) Before January 5, 2021, a record of the date, time, and duration of each deviation, and for each deviation, a record of whether the deviation occurred during a period of SSM. On and after January 5, 2021, for each deviation from an emission limitation, operating limit, or work practice plan reported under § 63.3120(a)(5) through (9), a record of the information specified in paragraphs (g)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, and for each deviation, the information as reported under § 63.3120(a)(5) through (9). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.3120(a)(5) through (9). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3090(a) through (d) or § 63.3091(a) through (d) or any applicable operating limit in table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.3120(a)(5) through (9). E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (4) A record of actions taken to minimize emissions in accordance with § 63.3100(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (h) Before January 5, 2021, the records required by § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the provisions of this paragraph no longer apply. * * * * * (p) On and after January 5, 2021, any records required to be maintained by this subpart that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. ■ 8. Section 63.3131 is amended by revising paragraph (a) to read as follows: § 63.3131 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. * * * * * ■ 9. Section 63.3151 is amended by revising paragraphs (a)(1)(i), (a)(2) and (4), and (b) to read as follows. § 63.3151 How do I demonstrate initial compliance with the emission limitations? jbell on DSKJLSW7X2PROD with RULES2 * * * * * (a) * * * (1) * * * (i) Count each organic HAP in table 5 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point (e.g., 0.3791). * * * * * (2) EPA Method 24 (appendix A–7 to 40 CFR part 60). For coatings, you may VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 use EPA Method 24 to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP. As an alternative to using EPA Method 24, you may use ASTM D2369–10 (Reapproved 2015)e (incorporated by reference, see § 63.14). * * * * * (4) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (a)(1) through (3) of this section, such as manufacturer’s formulation data, if it represents each organic HAP in table 5 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in table 5 of this subpart) is 0.5 percent of the material by mass, you do not have to count it. If there is a disagreement between such information and results of a test conducted according to paragraphs (a)(1) through (3) of this section, then the test method results will take precedence, unless after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility’s data are correct. * * * * * (b) Determine the density of each material used. Determine the density of each material used during the compliance period from test results using ASTM D1475–13 (incorporated by reference, see § 63.14) or for powder coatings, test method A or test method B of ASTM D5965–02 (Reapproved 2013) (incorporated by reference, see § 63.14), or information from the supplier or manufacturer of the material. If there is disagreement between ASTM D1475–13 test results or ASTM D5965–02 (Reapproved 2013), test method A or test method B test results and the supplier’s or manufacturer’s information, the test results will take precedence unless after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility’s data are correct. * * * * * ■ 10. Section 63.3160 is amended by revising the section heading and paragraph (b)(1) to read as follows: § 63.3160 By what date must I conduct initial performance tests and other initial compliance demonstrations? * * * * * (b) * * * (1) All emission capture systems, addon control devices, and CPMS must be installed and operating no later than the PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 41129 applicable compliance date specified in § 63.3083. You must conduct an initial performance test of each capture system and add-on control device according to the procedures in §§ 63.3164 through 63.3166 and establish the operating limits required by § 63.3093 no later than the compliance date specified in § 63.3083. * * * * * ■ 11. Section 63.3161 is amended by revising paragraphs (a), (d), (f)(1), (g), and (k)(3) to read as follows: § 63.3161 How do I demonstrate initial compliance? (a) You must meet all of the requirements of this section to demonstrate initial compliance. To demonstrate initial compliance, the organic HAP emissions from the combined electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) must meet the applicable emission limitation in § 63.3090(a) or § 63.3091(a) and the applicable operating limits and work practice standards in §§ 63.3093 and 63.3094. * * * * * (d) Compliance with emission limits. You must follow the procedures in paragraphs (e) through (o) of this section to demonstrate compliance with the applicable emission limit in § 63.3090(a) or § 63.3091(a). You may also use the guidelines presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations’’ EPA–450/3–88– 018 (incorporated by reference, see § 63.14), in making this demonstration. * * * * * (f) * * * (1) ASTM Method D2697–03 (Reapproved 2014) or ASTM Method D6093–97 (Reapproved 2016). You may use ASTM D2697–03 (Reapproved 2014) (incorporated by reference, see § 63.14), or ASTM D6093–97 (Reapproved 2016) (incorporated by reference, see § 63.14), to determine the volume fraction of coating solids for each coating. Divide the nonvolatile volume percent obtained with the methods by 100 to calculate volume fraction of coating solids. * * * * * (g) Determine the transfer efficiency for each coating. You must determine the transfer efficiency for each primer- E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41130 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations surfacer and topcoat coating, and for all coatings, except for deadener and for adhesive and sealer that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) using ASTM D5066–91 (Reapproved 2017) (incorporated by reference, see § 63.14) or the guidelines presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/ 3–88–018 (incorporated by reference, see § 63.14). You may conduct transfer efficiency testing on representative coatings and for representative spray booths as described in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3–88– 018. You may assume 100-percent transfer efficiency for electrodeposition primer coatings, glass bonding primers, and glass bonding adhesives. For final repair coatings, you may assume 40percent transfer efficiency for air atomized spray and 55-percent transfer efficiency for electrostatic spray and high volume, low pressure spray. For blackout, chip resistant edge primer, interior color, in-line repair, lower body anti-chip coatings, or underbody antichip coatings, you may assume 40percent transfer efficiency for air atomized spray, 55-percent transfer efficiency for electrostatic spray and high volume-low pressure spray, and 80-percent transfer efficiency for airless spray. * * * * * (k) * * * (3) Determine the mass fraction of volatile organic matter for each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A–7, or an EPA approved alternative method, or you may use information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of EPA Method 24 of 40 CFR part 60, appendix A–7, or an approved alternative method, the test method results will govern unless after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility’s data are correct. * * * * * VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 12. Section 63.3163 is amended by revising the section heading and paragraph (c) introductory text, adding paragraph (c)(3), and revising paragraphs (f) and (h) to read as follows: ■ § 63.3163 How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations? * * * * * (c) You must demonstrate continuous compliance with each operating limit required by § 63.3093 that applies to you, as specified in table 1 to this subpart, and you must conduct performance tests as specified in paragraph (c)(3) of this section. * * * * * (3) Except for solvent recovery systems for which you conduct liquidliquid material balances according to § 63.3161(k) for controlled coating operations, you must conduct periodic performance tests of add-on controls and establish the operating limits required by § 63.3093 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2022. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3167(b) and following the catalyst maintenance procedures in § 63.3167(b)(6), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. The requirements of this paragraph do not apply to measuring emission capture system efficiency. * * * * * (f) If there were no deviations from the emission limitations, submit a statement as part of the semiannual compliance report that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 limit in § 63.3090(a) or § 63.3091(a), § 63.3090(b) or § 63.3091(b), or § 63.3092(a) or § 63.3092(b), you achieved the operating limits required by § 63.3093, and you achieved the work practice standards required by § 63.3094 during each compliance period. * * * * * (h) Before January 5, 2021, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of SSM of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator’s satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a SSM are violations according to the provisions in § 63.6(e). On and after January 5, 2021, the provisions of this paragraph no longer apply. * * * * * 13. Section 63.3164 is amended by revising paragraphs (a) introductory text and (a)(1) to read as follows: ■ § 63.3164 What are the general requirements for performance tests? (a) You must conduct each applicable performance test required by §§ 63.3160, 63.3163, and 63.3171 according to the requirements in § 63.7(e)(1) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. You must conduct the performance test under representative operating conditions for the coating operation. Before January 5, 2021, operations during periods of SSM, and during periods of nonoperation do not constitute representative conditions. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. On and after January 5, 2021, operations during periods of startup, shutdown, or nonoperation do not constitute representative conditions for purposes of conducting a performance test. The owner or operator may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations necessary to determine the conditions of performance tests. * * * * * ■ 14. Section 63.3165 is amended by revising the introductory text and paragraphs (e) introductory text, the definition of ‘‘Wvocc,i’’ in Equation 6 of paragraph (e)(2), the definition of ‘‘Wvocc,i’’ in Equation 7 of paragraph (e)(3), and the definition of ‘‘Ws,i’’ in Equation 8 of paragraph (e)(4) to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 63.3165 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by §§ 63.3160 and 63.3163. For purposes of this subpart, a spray booth air seal is not considered a natural draft opening in a PTE or a temporary total enclosure provided you demonstrate that the direction of air movement across the interface between the spray booth air seal and the spray booth is into the spray booth. For purposes of this subpart, a bake oven air seal is not considered a natural draft opening in a PTE or a temporary total enclosure provided you demonstrate that the direction of air movement across the interface between the bake oven air seal and the bake oven is into the bake oven. You may use lightweight strips of fabric or paper, or smoke tubes to make such demonstrations as part of showing that your capture system is a PTE or conducting a capture efficiency test using a temporary total enclosure. You cannot count air flowing from a spray booth air seal into a spray booth as air flowing through a natural draft opening into a PTE or into a temporary total enclosure unless you elect to treat that spray booth air seal as a natural draft opening. You cannot count air flowing from a bake oven air seal into a bake oven as air flowing through a natural draft opening into a PTE or into a temporary total enclosure unless you elect to treat that bake oven air seal as a natural draft opening. * * * * * (e) Panel testing to determine the capture efficiency of flash-off or bake oven emissions. You may conduct panel testing to determine the capture efficiency of flash-off or bake oven emissions using ASTM D5087–02 (incorporated by reference, see § 63.14), ASTM D6266–00a (Reapproved 2017) (incorporated by reference, see § 63.14), or the guidelines presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 Topcoat Operations,’’ EPA–450/3–88– 018 (incorporated by reference, see § 63.14). You may conduct panel testing on representative coatings as described in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/ 3–88–018. The results of these panel testing procedures are in units of mass of VOC per volume of coating solids deposited and must be converted to a percent value for use in this subpart. If you panel test representative coatings, then you may convert the panel test result for each representative coating either to a unique percent capture efficiency for each coating grouped with that representative coating by using coating specific values for the volume of coating solids deposited per volume of coating used, mass of VOC per volume of coating, volume fraction solids, transfer efficiency, density and mass fraction VOC in Equations 4 through 6 of this section; or to a composite percent capture efficiency for the group of coatings by using composite values for the group of coatings for the volume of coating solids deposited per volume of coating used and for the mass of VOC per volume of coating, and average values for the group of coatings for volume fraction solids, transfer efficiency, density and mass fraction VOC in Equations 4 through 6 of this section. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency for that coating by using coating specific values for the volume of coating solids deposited per volume of coating used, mass of VOC per volume of coating, volume fraction solids, transfer efficiency, density, and mass fraction VOC in Equations 4 through 6 of this section. Panel test results expressed in units of mass of VOC per volume of coating solids deposited must be converted to percent capture efficiency using Equation 4 of this section. An alternative for using panel test results expressed in units of mass of VOC per mass of coating solids deposited is presented in paragraph (e)(3) of this section. * * * * * (2) * * * Wvocc,i = Mass fraction of VOC in coating, i, or average mass fraction of VOC for the group of coatings, including coating, i, kg VOC per kg coating, determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or the guidelines for combining analytical VOC content and formulation solvent content presented in Section 9 of ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 41131 Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3– 88–018 (incorporated by reference, see § 63.14). (3) * * * Wvocc,i = Mass fraction of VOC in coating, i, or average mass fraction of VOC for the group of coatings, including coating, i, kg VOC per kg coating, determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or the guidelines for combining analytical VOC content and formulation solvent content presented in Section 9 of ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3– 88–018 (incorporated by reference, see § 63.14). (4) * * * Ws, i = Mass fraction of coating solids for coating, i, or average mass fraction of coating solids for the group of coatings including coating, i, kg coating solids per kg coating, determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or the guidelines for combining analytical VOC content and formulation solvent content presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3–88–018 (incorporated by reference, see § 63.14). * * * * * 15. Section 63.3166 is amended by revising the introductory text and paragraphs (a)(1) through (4) and (b) introductory text, and adding paragraph (b)(4) to read as follows: ■ § 63.3166 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.3160, § 63.3163, or § 63.3171. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour. (a) * * * (1) Use EPA Method 1 or 1A of appendix A–1 to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A–1, or 2G of appendix A–2 to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use EPA Method 3, 3A, or 3B of appendix A–2 to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. The ANSI/ASME PTC 19.10–1981 (incorporated by reference, see § 63.14), may be used as an alternative to EPA Method 3B. E:\FR\FM\08JYR2.SGM 08JYR2 41132 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (4) Use EPA Method 4 of appendix A– 3 to 40 CFR part 60 to determine stack gas moisture. * * * * * (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A–7 to 40 CFR part 60, as specified in paragraphs (b)(1) through (4) of this section. You must use the same method for both the inlet and outlet measurements. * * * * * (4) You may use EPA Method 18 of appendix A–6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. * * * * * ■ 16. Section 63.3167 is amended by revising the section heading, the introductory text, and paragraph (f)(1) to read as follows: § 63.3167 How do I establish the add-on control device operating limits during performance tests? During the performance tests required by §§ 63.3160, 63.3163, and 63.3171 (and described in §§ 63.3164 and 63.3166), you must establish the operating limits required by § 63.3093 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.3093. * * * * * (f) * * * (1) During the capture efficiency determination required by §§ 63.3160 and 63.3163 and described in §§ 63.3164 and 63.3165, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. * * * * * ■ 17. Section 63.3168 is amended by revising paragraphs (a)(4) through (7) and (c)(3) introductory text to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 63.3168 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) * * * (4) You must maintain the CPMS at all times in accordance with § 63.3100(d) and have readily available necessary parts for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating in accordance with § 63.3100(d). (6) Before January 5, 2021, you must not use emission capture system or addon control device parameter data recorded during monitoring malfunctions, associated repairs, out-ofcontrol periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. On and after January 5, 2021, startups and shutdowns are normal operation for this source category. Emissions from these activities are to be included when determining if the standards specified in §§ 63.3090, 63.3091, 63.3092, 63.4292, and 63.4293 are being attained. You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-ofcontrol periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out of control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period during which the CPMS fails to operate and record data continuously as required by paragraph (a)(1) of this section, or generates data that cannot be included in calculating averages as specified in this paragraph PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 (a)(7) constitutes a deviation from the monitoring requirements. * * * * * (c) * * * (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a)(1) through (6) and (c)(3)(i) through (vii) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. * * * * * ■ 18. Section 63.3171 is amended by revising paragraphs (a) and (e)(3) to read as follows: § 63.3171 How do I demonstrate initial compliance? (a) You must meet all of the requirements of this section to demonstrate initial compliance. To demonstrate initial compliance, the organic HAP emissions from the combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) must meet the applicable emission limitation in § 63.3090(b) or § 63.3091(b); the organic HAP emissions from the electrodeposition primer operation must meet the applicable emissions limitations in § 63.3092(a) or (b); and you must meet the applicable operating limits and work practice standards in §§ 63.3093 and 63.3094. * * * * * (e) * * * (3) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (e)(1) and (2) of this section, such as manufacturer’s formulation data, if it represents each organic HAP in Table 5 to this subpart that is present at 0.1 percent by mass, and at 1.0 percent by mass or more for other compounds. If there is a disagreement between such information and results of a test conducted according to paragraph (e)(1) or (2) of this section, then the test method results will take precedence unless after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility’s data are correct. * * * * * ■ 19. Section 63.3176 is amended by revising the definition of ‘‘Deviation’’ to read as follows: E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations § 63.3176 subpart? What definitions apply to this * * * * * Deviation means: (1) Before January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit or operating limit or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: 41133 (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. * * * * * ■ 20. Table 2 to subpart IIII of part 63 is revised to read as follows: TABLE 2 TO SUBPART IIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII OF PART 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart IIII § 63.1(a)(1)–(12) ............................ § 63.1(b)(1)–(3) .............................. General Applicability ..................... Initial Applicability Determination .. Yes. Yes ................................................ § 63.1(c)(1) ..................................... Applicability After Standard Established. Applicability of Permit Program for Area Sources. Extensions and Notifications ........ Applicability of Permit Program Before Relevant Standard is Set. Definitions ..................................... Yes. Yes. Yes. Yes. Yes. § 63.6(e)(1)(i)–(ii) ........................... Units and Abbreviations ............... Prohibited Activities ...................... Circumvention/Fragmentation ....... Preconstruction Review Applicability. Requirements for Existing, Newly Constructed, and Reconstructed Sources. Application for Approval of Construction/Reconstruction. Approval of Construction/Reconstruction. Approval of Construction/Reconstruction Based on Prior State Review. Compliance With Standards and Maintenance Requirements— Applicability. Compliance Dates for New and Reconstructed Sources. Compliance Dates for Existing Sources. Operation and Maintenance ......... § 63.6(e)(1)(iii) ................................ § 63.6(e)(3)(i), (e)(3)(iii)–(ix) ........... Operation and Maintenance ......... SSMP ............................................ § 63.6(f)(1) ...................................... Compliance Except During SSM .. § 63.6(f)(2)–(3) ............................... Methods for Determining Compliance. Use of an Alternative Standard .... Compliance With Opacity/Visible Emission Standards. § 63.1(c)(2) ..................................... § 63.1(c)(5) ..................................... § 63.1(e) ......................................... § 63.2 ............................................. § 63.3 ............................................. § 63.4(a)(1)–(2) .............................. § 63.4(b)–(c) ................................... § 63.5(a) ......................................... § 63.5(b)(1), (3), (4), (6) ................. § 63.5(d)(1)(i)–(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)–(4). § 63.5(e) ......................................... § 63.5(f) .......................................... § 63.6(a) ......................................... § 63.6(b)(1)–(5), (b)(7) ................... jbell on DSKJLSW7X2PROD with RULES2 § 63.6(c)(1), (2), (5) ........................ § 63.6(g) ......................................... § 63.6(h) ......................................... § 63.6(i)(1)–(14), (16) ..................... 63.6(j) ............................................. VerDate Sep<11>2014 18:13 Jul 07, 2020 Extension of Compliance .............. Presidential Compliance Exemption. Jkt 250001 PO 00000 Frm 00035 Fmt 4701 Explanation No ................................................. Applicability to subpart IIII is also specified in § 63.3081. Area sources are not subject to subpart IIII. Yes. Yes. Yes ................................................ Additional definitions are specified in § 63.3176. Yes. Yes. Yes. Yes. Yes. Yes ................................................ Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes before January 5, 2021. No on and after January 5, 2021. Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes. No ................................................. Section 63.3083 specifies the compliance dates. Section 63.3083 specifies the compliance dates. See § 63.3100(d) for general duty requirement. Subpart IIII does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). Yes. Yes. Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41134 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART IIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Explanation Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3164 and 63.3166. Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.3160 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(1) ..................................... Performance Test ments—Applicability. Require- Yes ................................................ § 63.7(a)(2) except (a)(2)(i)–(viii) ... Performance Test ments—Dates. Require- Yes ................................................ § 63.7(a)(3)–(4) .............................. Performance Tests Required By the Administrator, Force Majeure. Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing Conditions During Test. Conduct of performance tests ...... § 63.7(b)–(d) ................................... § 63.7(e)(1) ..................................... § 63.7(e)(2)–(4) .............................. § 63.7(f) .......................................... § 63.7(g)–(h) ................................... jbell on DSKJLSW7X2PROD with RULES2 Applicable to subpart IIII Conduct of performance tests ...... Performance Test Requirements—Use of Alternative Test Method. Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test. Yes. Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes ................................................ Yes ................................................ § 63.8(a)(1)–(2) .............................. Monitoring Requirements—Applicability. Yes ................................................ § 63.8(a)(4) ..................................... No ................................................. § 63.8(b) ......................................... § 63.8(c)(1) ..................................... Additional Monitoring Requirements. Conduct of Monitoring .................. Continuous Monitoring Systems (CMS) Operation and Maintenance. 63.8(c)(2)–(3) ................................. CMS Operation and Maintenance Yes ................................................ § 63.8(c)(4) ..................................... CMS .............................................. No ................................................. § 63.8(c)(5) ..................................... COMS ........................................... No ................................................. § 63.8(c)(6) ..................................... CMS Requirements ...................... No ................................................. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Yes. Yes before January 5, 2021. No on and after January 5, 2021. Sfmt 4700 E:\FR\FM\08JYR2.SGM Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. See § 63.3164. Applies to all test methods except those used to determine capture system efficiency. Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.3168. Subpart IIII does not have monitoring requirements for flares. Section 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.3168. Section 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply with the standards. Subpart IIII does not have opacity or visible emission standards. Section 63.3168 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply with the standards. 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41135 TABLE 2 TO SUBPART IIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart IIII § 63.8(c)(7) ..................................... § 63.8(c)(8) ..................................... CMS Out-of-Control Periods ........ CMS Out-of-Control Periods Reporting. Yes. No ................................................. § 63.8(d)–(e) ................................... Quality Control Program and CMS Performance Evaluation. No ................................................. § 63.8(f)(1)–(5) ............................... Use of an Alternative Monitoring Method. Alternative to Relative Accuracy Test. Data Reduction ............................. Yes. Notification Requirements ............ Initial Notifications ......................... Application for Approval of Construction or Reconstruction. Request for Extension of Compliance. Special Compliance Requirement Notification. Notification of Performance Test .. Yes. Yes. Yes. Notification of Visible Emissions/ Opacity Test. Additional Notifications When Using CMS. Notification of Compliance Status No ................................................. Adjustment of Submittal Deadlines. Change in Previous Information ... Recordkeeping/Reporting—Applicability and General Information. General Recordkeeping Requirements. Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards. Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment. Actions Taken to Minimize Emissions During SSM. Yes. § 63.10(b)(2)(vi) .............................. Recordkeeping for CMS Malfunctions. Yes before January 5, 2021. No on and after January 5, 2021. § 63.10(b)(2)(vii)–(xi) ...................... § 63.10(b)(2)(xii) ............................. § 63.10(b)(2)(xiii) ............................ Records ........................................ Records ........................................ ....................................................... Yes. Yes. No ................................................. § 63.10(b)(2)(xiv) ............................ § 63.10(b)(3) ................................... ....................................................... Recordkeeping Requirements for Applicability Determinations. Additional Recordkeeping Requirements for Sources with CMS. Yes. Yes. § 63.8(f)(6) ...................................... § 63.8(g) ......................................... § 63.9(a) ......................................... § 63.9(b)(1)–(2) .............................. § 63.9(b)(4)(i), (b)(4)(v), (b)(5) ....... § 63.9(c) ......................................... § 63.9(d) ......................................... § 63.9(e) ......................................... § 63.9(f) .......................................... § 63.9(g) ......................................... § 63.9(h)(1)–(3), (5)–(6) ................. § 63.9(i) .......................................... § 63.9(j) .......................................... § 63.10(a) ....................................... § 63.10(b)(1) ................................... § 63.10(b)(2)(i)–(ii) .......................... § 63.10(b)(2)(iii) .............................. jbell on DSKJLSW7X2PROD with RULES2 § 63.10(b)(2)(iv)–(v) ....................... § 63.10(c)(1)–(6) ............................ VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Explanation No ................................................. No ................................................. Section 63.3120 requires reporting of CMS out-of-control periods. Subpart IIII does not require the use of continuous emissions monitoring systems. Subpart IIII does not require the use of CEMS. Sections 63.3167 and 63.3168 specify monitoring data reduction. Yes. Yes. Yes ................................................ No ................................................. Yes ................................................ Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. Subpart IIII does not have opacity or visible emission standards. Subpart IIII does not require the use of CEMS. Section 63.3110 specifies the dates for submitting the notification of compliance status. Yes. Yes. Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Additional requirements are specified in §§ 63.3130 and 63.3131. See 63.3130(g). Yes. Yes before January 5, 2021. No on and after January 5, 2021. See § 63.3130(g)(4) for a record of actions taken to minimize emissions during a deviation from the standard. See § 63.3130(g) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. Subpart IIII does not require the use of CEMS. Yes. Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41136 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART IIII OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART IIII OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart IIII Explanation § 63.10(c)(7)–(8) ............................ Additional Recordkeeping Requirements for Sources with CMS. No ................................................. See § 63.3130(g) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. § 63.10(c)(10)–(14) ........................ § 63.10(c)(15) ................................. ....................................................... Records Regarding the SSM Plan § 63.10(d)(1) ................................... General Reporting Requirements Yes. Yes before January 5, 2021. No on and after January 5, 2021. Yes ................................................ § 63.10(d)(2) ................................... Report of Performance Test Results. Reporting Opacity or Visible Emissions Observations. Yes ................................................ Yes. § 63.10(d)(5) ................................... Progress Reports for Sources With Compliance Extensions. SSM Reports ................................ § 63.10(e)(1)–(2) ............................ Additional CMS Reports ............... § 63.10(e)(3) ................................... Excess Emissions/CMS Performance Reports. No ................................................. § 63.10(e)(4) ................................... COMS Data Reports .................... No ................................................. § 63.10(f) ........................................ § 63.11 ........................................... Recordkeeping/Reporting Waiver Control Device Requirements/ Flares. State Authority and Delegations ... Addresses ..................................... IBR ................................................ Availability of Information/Confidentiality. Yes. No ................................................. § 63.10(d)(3) ................................... § 63.10(d)(4) ................................... § 63.12 § 63.13 § 63.14 § 63.15 ........................................... ........................................... ........................................... ........................................... No ................................................. Yes before January 5, 2021. No on and after January 5, 2021. No ................................................. Additional requirements are specified in § 63.3120. Additional requirements are specified in § 63.3120(b). Subpart IIII does not require opacity or visible emissions observations. See 63.3120(a)(6). Subpart IIII does not require the use of CEMS. Section 63.3120(b) specifies the contents of periodic compliance reports. Subpart IIII does not specify requirements for opacity or COMS. Subpart IIII does not specify use of flares for compliance. Yes. Yes. Yes. Yes. 21. Table 5 to subpart IIII of part 63 is added to read as follows: ■ TABLE 5 TO SUBPART IIII OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS jbell on DSKJLSW7X2PROD with RULES2 Chemical name CAS No. 1,1,2,2-Tetrachloroethane .................................................................................................................................................................... 1,1,2-Trichloroethane ........................................................................................................................................................................... 1,1-Dimethylhydrazine ......................................................................................................................................................................... 1,2-Dibromo-3-chloropropane .............................................................................................................................................................. 1,2-Diphenylhydrazine ......................................................................................................................................................................... 1,3-Butadiene ....................................................................................................................................................................................... 1,3-Dichloropropene ............................................................................................................................................................................ 1,4-Dioxane .......................................................................................................................................................................................... 2,4,6-Trichlorophenol ........................................................................................................................................................................... 2,4/2,6-Dinitrotoluene (mixture) ........................................................................................................................................................... 2,4-Dinitrotoluene ................................................................................................................................................................................. 2,4-Toluene diamine ............................................................................................................................................................................ 2-Nitropropane ..................................................................................................................................................................................... 3,3′-Dichlorobenzidine ......................................................................................................................................................................... 3,3′-Dimethoxybenzidine ..................................................................................................................................................................... 3,3′-Dimethylbenzidine ........................................................................................................................................................................ 4,4′-Methylene bis(2-chloroaniline) ...................................................................................................................................................... Acetaldehyde ....................................................................................................................................................................................... Acrylamide ........................................................................................................................................................................................... Acrylonitrile .......................................................................................................................................................................................... Allyl chloride ......................................................................................................................................................................................... alpha-Hexachlorocyclohexane (a-HCH) .............................................................................................................................................. Aniline .................................................................................................................................................................................................. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 79–34–5 79–00–5 57–14–7 96–12–8 122–66–7 106–99–0 542–75–6 123–91–1 88–06–2 25321–14–6 121–14–2 95–80–7 79–46–9 91–94–1 119–90–4 119–93–7 101–14–4 75–07–0 79–06–1 107–13–1 107–05–1 319–84–6 62–53–3 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41137 TABLE 5 TO SUBPART IIII OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS—Continued Chemical name CAS No. Benzene ............................................................................................................................................................................................... Benzidine ............................................................................................................................................................................................. Benzotrichloride ................................................................................................................................................................................... Benzyl chloride .................................................................................................................................................................................... beta-Hexachlorocyclohexane (b-HCH) ................................................................................................................................................ Bis(2-ethylhexyl)phthalate .................................................................................................................................................................... Bis(chloromethyl)ether ......................................................................................................................................................................... Bromoform ........................................................................................................................................................................................... Captan ................................................................................................................................................................................................. Carbon tetrachloride ............................................................................................................................................................................ Chlordane ............................................................................................................................................................................................ Chlorobenzilate .................................................................................................................................................................................... Chloroform ........................................................................................................................................................................................... Chloroprene ......................................................................................................................................................................................... Cresols (mixed) .................................................................................................................................................................................... DDE ..................................................................................................................................................................................................... Dichloroethyl ether ............................................................................................................................................................................... Dichlorvos ............................................................................................................................................................................................ Epichlorohydrin .................................................................................................................................................................................... Ethyl acrylate ....................................................................................................................................................................................... Ethylene dibromide .............................................................................................................................................................................. Ethylene dichloride .............................................................................................................................................................................. Ethylene oxide ..................................................................................................................................................................................... Ethylene thiourea ................................................................................................................................................................................. Ethylidene dichloride (1,1-Dichloroethane) .......................................................................................................................................... Formaldehyde ...................................................................................................................................................................................... Heptachlor ............................................................................................................................................................................................ Hexachlorobenzene ............................................................................................................................................................................. Hexachlorobutadiene ........................................................................................................................................................................... Hexachloroethane ................................................................................................................................................................................ Hydrazine ............................................................................................................................................................................................. Isophorone ........................................................................................................................................................................................... Lindane (hexachlorocyclohexane, all isomers) ................................................................................................................................... m-Cresol .............................................................................................................................................................................................. Methylene chloride ............................................................................................................................................................................... Naphthalene ......................................................................................................................................................................................... Nitrobenzene ........................................................................................................................................................................................ Nitrosodimethylamine .......................................................................................................................................................................... o-Cresol ............................................................................................................................................................................................... o-Toluidine ........................................................................................................................................................................................... Parathion .............................................................................................................................................................................................. p-Cresol ............................................................................................................................................................................................... p-Dichlorobenzene ............................................................................................................................................................................... Pentachloronitrobenzene ..................................................................................................................................................................... Pentachlorophenol ............................................................................................................................................................................... Propoxur .............................................................................................................................................................................................. Propylene dichloride ............................................................................................................................................................................ Propylene oxide ................................................................................................................................................................................... Quinoline .............................................................................................................................................................................................. Tetrachloroethene ................................................................................................................................................................................ Toxaphene ........................................................................................................................................................................................... Trichloroethylene ................................................................................................................................................................................. Trifluralin .............................................................................................................................................................................................. Vinyl bromide ....................................................................................................................................................................................... Vinyl chloride ....................................................................................................................................................................................... Vinylidene chloride ............................................................................................................................................................................... 22. Appendix A to Subpart IIII of part 63 is amended by revising sections 2.1, 2.2, and 4.1 and the definitions of ‘‘Ws, i’’ and ‘‘Wvocc, i’’ in Equation A–6 in section 4.2 to read as follows: jbell on DSKJLSW7X2PROD with RULES2 ■ Appendix A to Subpart IIII of Part 63— Determination of Capture Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions From SolventBorne Coatings Using Panel Testing * * * * * 2.1 You may conduct panel testing to determine the capture efficiency of spray booth emissions. You must follow the instructions and calculations in this VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 71–43–2 92–87–5 98–07–7 100–44–7 319–85–7 117–81–7 542–88–1 75–25–2 133–06–2 56–23–5 57–74–9 510–15–6 67–66–3 126–99–8 1319–77–3 3547–04–4 111–44–4 62–73–7 106–89–8 140–88–5 106–93–4 107–06–2 75–21–8 96–45–7 75–34–3 50–00–0 76–44–8 118–74–1 87–68–3 67–72–1 302–01–2 78–59–1 58–89–9 108–39–4 75–09–2 91–20–3 98–95–3 62–75–9 95–48–7 95–53–4 56–38–2 106–44–5 106–46–7 82–68–8 87–86–5 114–26–1 78–87–5 75–56–9 91–22–5 127–18–4 8001–35–2 79–01–6 1582–09–8 593–60–2 75–01–4 75–35–4 appendix A, and use the panel testing procedures in ASTM Method D5087–02 (incorporated by reference, see § 63.14), or the guidelines presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA– 450/3–88–018 (incorporated by reference, see § 63.14). You must weigh panels at the points described in section 2.5 of this appendix A and perform calculations as described in sections 3 and 4 of this appendix A. You may E:\FR\FM\08JYR2.SGM 08JYR2 41138 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations conduct panel tests on the production paint line in your facility or in a laboratory simulation of the production paint line in your facility. 2.2 You may conduct panel testing on representative coatings as described in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3–88–018 (incorporated by reference, see § 63.14). If you panel test representative coatings, then you may calculate either a unique percent capture efficiency value for each coating grouped with that representative coating, or a composite percent capture efficiency value for the group of coatings. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency value for that coating. jbell on DSKJLSW7X2PROD with RULES2 * * * * * 4.1 If you panel test representative coatings, then you may convert the panel test result for each representative coating from section 3.3 of this appendix A either to a unique percent capture efficiency value for each coating grouped with that representative coating by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A, or to a composite percent capture efficiency value for the group of coatings by using the average values for the group of coatings for mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency value by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. The mass fraction of VOC in the coating and the mass fraction of solids in the coating must be determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or by following the guidelines for combining analytical VOC content and formulation solvent content presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA– 450/3–88–018 (incorporated by reference, see § 63.14). 4.2 * * * Ws, i = Mass fraction of coating solids for coating, i, or average mass fraction of coating solids for the group of coatings including coating, i, grams coating solids per gram coating, determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or by following the guidelines for combining analytical VOC content and formulation solvent content presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,’’ EPA–450/3– 88–018 (incorporated by reference, see § 63.14). Wvocc, i = Mass fraction of VOC in coating, i, or average mass fraction of VOC for the group of coatings including coating, i, grams VOC per grams coating, determined by EPA Method 24 (appendix A–7 to 40 CFR part 60) or the VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 guidelines for combining analytical VOC content and formulation solvent content presented in ‘‘Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and LightDuty Truck Topcoat Operations,’’ EPA– 450/3–88–018 (incorporated by reference, see § 63.14). * * * * * Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products 23. Section 63.3900 is amended by revising paragraphs (a)(2)(i) and (ii), (b), and (c) to read as follows: ■ § 63.3900 What are my general requirements for complying with this subpart? (a) * * * (2) * * * (i) Before January 5, 2021, the coating operation(s) must be in compliance with the applicable emission limit in § 63.3890 at all times except during periods of SSM. On or after January 5, 2021, you must be in compliance with the applicable emission limits in § 63. 3890 and the operating limits in table 1 of this subpart at all times. (ii) Before January 5, 2021, the coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3892 at all times except during periods of SSM and except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j). On or after January 5, 2021, the coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3892 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j). * * * * * (b) Before January 5, 2021, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before January 5, 2021, if your affected source uses an emission capture system and add-on control device, you must develop a written SSMP according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. On and after January 5, 2021, the SSMP is not required. ■ 24. Section 63.3920 is amended by: ■ a. Revising paragraphs (a)(5) introductory text and (a)(5)(i) and (iv); ■ b. Adding paragraph (a)(5)(v); ■ c. Revising paragraphs (a)(6) introductory text and (a)(6)(iii); ■ d. Adding paragraph (a)(6)(iv); ■ e. Revising paragraphs (a)(7) introductory text and (a)(7)(iii), (vi) through (viii), (x), (xiii), and (xiv); ■ f. Adding paragraph (a)(7)(xv); ■ g. Revising paragraph (c) introductory text; and ■ h. Adding paragraphs (d) through (h). The revisions and additions read as follows: § 63.3920 What reports must I submit? (a) * * * (5) Deviations: Compliant material option. If you used the compliant material option and there was a deviation from the applicable organic HAP content requirements in § 63.3890, the semiannual compliance report must contain the information in paragraphs (a)(5)(i) through (v) of this section. (i) Identification of each coating used that deviated from the applicable emission limit, and each thinner and/or other additive, and cleaning material used that contained organic HAP, and the dates, time and duration each was used. * * * * * (iv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3900(b). (6) Deviations: Emission rate without add-on controls option. If you used the emission rate without add-on controls option and there was a deviation from the applicable emission limit in § 63.3890, the semiannual compliance report must contain the information in paragraphs (a)(6)(i) through (iv) of this section. * * * * * (iii) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (iv) On and after January 5, 2021, the number of deviations and, for each deviation, the date, time, duration, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3900(b). (7) Deviations: Emission rate with add-on controls option. If you used the emission rate with add-on controls option and there was a deviation from the applicable emission limit in § 63.3890 or the applicable operating limit(s) in table 1 to this subpart (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), before January 5, 2021, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (xiv) of this section. This includes periods of SSM during which deviations occurred. On and after January 5, 2021, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (xii), (xiv), and (xv) of this section. If you use the emission rate with add-on controls option and there was a deviation from the applicable work practice standards in § 63.3893(b), the semiannual compliance report must contain the information in paragraph (a)(7)(xiii) of this section. * * * * * VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. * * * * * (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, the number of instances that the CPMS was inoperative, and for each instance, except for zero (lowlevel) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.3900(b). (vii) Before January 5, 2021, the date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). On and after January 5, 2021, the number of instances that the CPMS was out of control as specified in § 63.8(c)(7) and, for each instance, the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the number of deviations from an operating limit in table 1 to this subpart and, for each deviation, the date, time, and duration of each deviation; and the date, time, and duration of any bypass of the add-on control device. * * * * * (x) Before January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 of this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. * * * * * (xiii) Before January 5, 2021, for each deviation from the work practice PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 41139 standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(7)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3900(b). (B) The description required in paragraph (a)(7)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable). (xiv) Before January 5, 2021, statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limit in § 63.3890 or an operating limit in table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable) and the actions you took to minimize emissions in accordance with § 63.3900(b). (xv) On and after January 5, 2021, for each deviation from an emission limit in § 63.3890 or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3890 or operating limit in table 1 to this subpart, and a description of the method used to estimate the emissions. * * * * * (c) SSM reports. Before January 5, 2021, if you used the emission rate with add-on controls option and you had a SSM during the semiannual reporting period, you must submit the reports specified in paragraphs (c)(1) and (2) of this section. On and after January 5, 2021, the reports specified in paragraphs (c)(1) and (2) of this section are not required. * * * * * (d) Performance test reports. On and after January 5, 2021, you must submit the results of the performance test required in §§ 63.3940 and 63.3950 following the procedure specified in paragraphs (d)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test, E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41140 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations you must submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). The CEDRI interface can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov//). Performance test data must be submitted in a file format generated through the use of the EPA’s ERT or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website. (2) For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/ OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (d)(1) of this section. (e) Initial notification reports. On and after January 5, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in §§ 63.9(h) and 63.3910(c) to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The owner or operator must upload to CEDRI an electronic copy of each applicable notification in portable document format (PDF). The applicable notification must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (f) Semiannual compliance reports. On and after January 5, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in paragraph (a) of this section to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The owner or operator must use the appropriate electronic template on the CEDRI website for this subpart or an alternate electronic file format consistent with the XML schema listed on the CEDRI website (https://www.epa.gov/ electronic-reporting-air-emissions/ compliance-and-emissions-datareporting-interface-cedri). The date report templates become available will be listed on the CEDRI website. If the reporting form for the semiannual compliance report specific to this subpart is not available in CEDRI at the time that the report is due, you must submit the report to the Administrator at the appropriate addresses listed in § 63.13. Once the form has been available in CEDRI for 1 year, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 (g) Reporting during EPA system outages. If you are required to electronically submit a report through the CEDRI in the EPA’s CDX, and due to a planned or actual outage of either the EPA’s CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of the EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time, and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (h) Reporting during force majeure events. If you are required to electronically submit a report through CEDRI in the EPA’s CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If you intend to assert a E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations claim of force majeure, you must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. ■ 25. Section 63.3930 is amended by revising paragraphs (j), (k) introductory text, and (k)(1) and (2) to read as follows: § 63.3930 What records must I keep? jbell on DSKJLSW7X2PROD with RULES2 * * * * * (j) Before January 5, 2021, you must keep records of the date, time, and duration of each deviation. On and after January 5, 2021, for each deviation from an emission limitation reported under § 63.3920(a)(5) through (7), a record of the information specified in paragraphs (j)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.3920(a)(5) through (7). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.3920(a)(5) through (7). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890 or any applicable operating limit in table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.3920(a)(5) through (7). (4) A record of actions taken to minimize emissions in accordance with § 63.3900(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (k) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (k)(1) through (8) of this section. (1) Before January 5, 2021, for each deviation, a record of whether the deviation occurred during a period of VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 SSM. On and after January 5, 2021, a record of whether the deviation occurred during a period of SSM is not required. (2) Before January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM are not required. * * * * * ■ 26. Section 63.3931 is amended by revising paragraph (a) to read as follows: § 63.3931 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. * * * * * ■ 27. Section 63.3941 is amended by revising paragraphs (a)(1)(i), (a)(4), (b)(1), the definition of ‘‘Davg’’ in Equation 1 of paragraph (b)(4), and paragraph (c) to read as follows: § 63.3941 How do I demonstrate initial compliance with the emission limitations? * * * * * (a) * * * (1) * * * (i) Count each organic HAP in table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point (e.g., 0.3791). * * * * * (4) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (a)(1) through (3) of this section, such as manufacturer’s formulation data, if it represents each organic HAP in table 5 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 41141 for other compounds. For example, if toluene (not listed in table 5 to this subpart) is 0.5 percent of the material by mass, you do not have to count it. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may rely on manufacturer’s data that expressly states the organic HAP or volatile matter mass fraction emitted. If there is a disagreement between such information and results of a test conducted according to paragraphs (a)(1) through (3) of this section, then the test method results will take precedence unless, after consultation, you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. * * * * * (b) * * * (1) ASTM Method D2697–03 (Reapproved 2014) or D6093–97 (Reapproved 2016). You may use ASTM D2697–03 (Reapproved 2014) (incorporated by reference, see § 63.14), or D6093–97 (Reapproved 2016) (incorporated by reference, see § 63.14), to determine the volume fraction of coating solids for each coating. Divide the nonvolatile volume percent obtained with the methods by 100 to calculate volume fraction of coating solids. * * * * * (4) * * * Davg = Average density of volatile matter in the coating, grams volatile matter per liter volatile matter, determined from test results using ASTM D1475–13 (incorporated by reference, see § 63.14), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM D1475–13 test results and other information sources, the test results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (c) Determine the density of each coating. Determine the density of each coating used during the compliance period from test results using ASTM D1475–13 (incorporated by reference, see § 63.14), information from the supplier or manufacturer of the material, or specific gravity data for pure chemicals. If there is disagreement between ASTM D1475–13 test results and the supplier’s or manufacturer’s information, the test results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. * * * * * ■ 28. Section 63.3951 is amended by revising paragraph (c) to read as follows: E:\FR\FM\08JYR2.SGM 08JYR2 41142 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations § 63.3951 How do I demonstrate initial compliance with the emission limitations? * * * * * (c) Determine the density of each material. Determine the density of each liquid coating, thinner and/or other additive, and cleaning material used during each month from test results using ASTM D1475–13 or ASTM D2111–10 (Reapproved 2015) (both incorporated by reference, see § 63.14), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If you are including powder coatings in the compliance determination, determine the density of powder coatings, using ASTM D5965–02 (Reapproved 2013) (incorporated by reference, see § 63.14), or information from the supplier. If there is disagreement between ASTM D1475–13 or ASTM D2111–10 (Reapproved 2015) test results and other such information sources, the test results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. If you purchase materials or monitor consumption by weight instead of volume, you do not need to determine material density. Instead, you may use the material weight in place of the combined terms for density and volume in Equations 1A, 1B, 1C, and 2 of this section. * * * * * ■ 29. Section 63.3960 is amended by revising paragraphs (a)(1) and (4), (b)(1), and (c) introductory text to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 63.3960 By what date must I conduct performance tests and other initial compliance demonstrations? (a) * * * (1) All emission capture systems, addon control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3883. Except for solvent recovery systems for which you conduct liquidliquid material balances according to § 63.3961(j), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3964, 63.3965, and 63.3966 and establish the operating limits required by § 63.3892. For a solvent recovery system for which you conduct liquidliquid material balances according to § 63.3961(j), you must initiate the first material balance no later than the applicable compliance date specified in VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 § 63.3883. For magnet wire coating operations, you may, with approval, conduct a performance test of one representative magnet wire coating machine for each group of identical or very similar magnet wire coating machines. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3892 no later than 180 days after the applicable compliance date specified in § 63.3883. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.3892 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3967(b) and following the catalyst maintenance procedures in § 63.3967(b)(4), you are not required to conduct periodic testing control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. * * * * * (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.3892 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section for your affected source on the date you complete the performance tests. For magnet wire coating operations, you must begin complying with the PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 operating limits for all identical or very similar magnet wire coating machines on the date you complete the performance test of a representative magnet wire coating machine. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.3961(j). (b) * * * (1) All emission capture systems, addon control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3883. Except for magnet wire coating operations and solvent recovery systems for which you conduct liquidliquid material balances according to § 63.3961(j), you must conduct according to the schedule in paragraphs (b)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3964, 63.3965, and 63.3966 and establish the operating limits required by § 63.3892. For magnet wire coating operations, you may, with approval, conduct a performance test of a single magnet wire coating machine that represents identical or very similar magnet wire coating machines. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.3961(j), you must initiate the first material balance no later than the compliance date specified in § 63.3883. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3892 no later than 180 days after the applicable compliance date specified in § 63.3883. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.3892 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2020, unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3967(b) and following the catalyst maintenance procedures in § 63.3967(b)(4), you are not required to conduct periodic testing E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. * * * * * (c) You are not required to conduct an initial performance test to determine capture efficiency or destruction efficiency of a capture system or control device if you receive approval to use the results of a performance test that has been previously conducted on that capture system or control device. Any such previous tests must meet the conditions described in paragraphs (c)(1) through (3) of this section. You are still required to conduct a periodic performance test according to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) of this section. * * * * * 30. Section 63.3961 is amended by revising paragraph (j)(3) to read as follows: ■ § 63.3961 How do I demonstrate initial compliance? jbell on DSKJLSW7X2PROD with RULES2 * * * * * (j) * * * (3) Determine the mass fraction of volatile organic matter for each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A–7, ASTM D2369–10 (Reapproved 2015) e (incorporated by reference, see § 63.14), or an EPA approved alternative method, or you may use information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of EPA Method 24 of 40 CFR part 60, appendix A–7, ASTM D2369–10 (Reapproved 2015) e, or an approved alternative method, the test method results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. * * * * * 31. Section 63.3963 is amended by revising paragraph (f) and adding paragraph (i) to read as follows: ■ VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 § 63.3963 How do I demonstrate continuous compliance with the emission limitations? * * * * * (f) As part of each semiannual compliance report required in § 63.3920, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limits in § 63.3890, the operating limits in § 63.3892, and the work practice standards in § 63.3893, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3890, and you achieved the operating limits required by § 63.3892 and the work practice standards required by § 63.3893 during each compliance period. * * * * * (i) On and after January 5, 2021, deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.3900(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.3900(b). * * * * * ■ 32. Section 63.3964 is amended by revising paragraphs (a) introductory text and (a)(1) to read as follows: § 63.3964 What are the general requirements for performance tests? (a) Before January 5, 2021, you must conduct each performance test required by § 63.3960 according to the requirements in § 63.7(e)(1) and under the conditions in this section, unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after January 5, 2021, you must conduct each performance test required by § 63.3960 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. You must conduct the performance test under representative operating conditions for the coating operation. Operations during periods of startup, shutdown, or periods of nonoperation do not constitute representative conditions for purposes of conducting a performance test. The owner or operator may not conduct performance tests during periods of malfunction. You must record the PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 41143 process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. * * * * * ■ 33. Section 63.3965 is amended by revising the introductory text to read as follows: § 63.3965 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of each performance test required by § 63.3960. * * * * * ■ 34. Section 63.3966 is amended by revising the introductory text and paragraph (b) to read as follows: § 63.3966 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.3960. For each performance test, you must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. If the source is a magnet wire coating machine, you may use the procedures in section 3.0 of appendix A to this subpart as an alternative. * * * * * (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A–7 to 40 CFR part 60. (1) Use EPA Method 25 of appendix A–7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A of appendix A–7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A of appendix A–7 to 40 CFR part 60 if the add-on control device is not an oxidizer. (4) You may use EPA Method 18 of appendix A–6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. * * * * * E:\FR\FM\08JYR2.SGM 08JYR2 41144 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 35. Section 63.3967 is amended by revising paragraphs (a)(1) and (2), (b)(1) through (3), (d)(1) and (2), and (e)(1) through (4) to read as follows: ■ § 63.3967 How do I establish the emission capture system and add-on control device operating limits during the performance test? jbell on DSKJLSW7X2PROD with RULES2 * * * * * (a) * * * (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) * * * (1) During performance tests, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) You must monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. * * * * * (d) * * * (1) During performance tests, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) * * * (1) During performance tests, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During performance tests, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) For each performance test, use the data collected during the performance test to calculate and record the average pressure drop. This is the minimum operating limit for the dilute stream across the concentrator. * * * * * ■ 36. Section 63.3968 is amended by revising paragraphs (a)(4), (5), and (7), and (c)(3) introductory text to read as follows: § 63.3968 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) * * * (4) Before January 5, 2021, you must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. On and after January 5, 2021, you must maintain the CPMS at all times in accordance with § 63.3900(b) and keep necessary parts readily available for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 parameter data at all times in accordance with § 63.3900(b). * * * * * (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. * * * * * (c) * * * (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. * * * * * ■ 37. Section 63.3981 is amended by revising the definitions of ‘‘Deviation’’ and ‘‘Non-HAP coating’’ to read as follows: § 63.3981 subpart? What definitions apply to this * * * * * Deviation means: (1) Before January 5, 2021, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to, any emission limit or operating limit or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. * * * * * Non-HAP coating means, for the purposes of this subpart, a coating that contains no more than 0.1 percent by 41145 mass of any individual organic HAP that is listed in Table 5 to this subpart and no more than 1.0 percent by mass for any other individual HAP. * * * * * 38. Table 2 to Subpart MMMM of part 63 is revised to read as follows: ■ TABLE 2 TO SUBPART MMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMM OF PART 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart MMMM § 63.1(a)(1)–(14) ............................ § 63.1(b)(1)–(3) .............................. General Applicability ..................... Initial Applicability Determination .. Yes. Yes ................................................ § 63.1(c)(1) ..................................... Applicability After Standard Established. Applicability of Permit Program for Area Sources. Extensions and Notifications ........ Applicability of Permit Program Before Relevant Standard is Set. Definitions ..................................... Yes. Yes. Yes. Yes. Yes. Yes. § 63.6(e)(1)–(2) .............................. Units and Abbreviations ............... Prohibited Activities ...................... Circumvention/Severability ........... Construction/Reconstruction ......... Requirements for Existing Newly Constructed, and Reconstructed Sources. Application for Approval of Construction/Reconstruction. Approval of Construction/Reconstruction. Approval of Construction/Reconstruction Based on Prior State Review. Compliance With Standards and Maintenance Requirements— Applicability. Compliance Dates for New and Reconstructed Sources. Compliance Dates for Existing Sources. Operation and Maintenance ......... § 63.6(e)(3) ..................................... SSMP ............................................ § 63.6(f)(1) ...................................... Compliance Except During SSM .. § 63.6(f)(2)–(3) ............................... Methods for Determining Compliance.. Use of an Alternative Standard .... Compliance With Opacity/Visible Emission Standards. § 63.1(c)(2)–(3) .............................. § 63.1(c)(4)–(5) .............................. § 63.1(e) ......................................... § 63.2 ............................................. § 63.1(a)–(c) ................................... § 63.4(a)(1)–(5) .............................. § 63.4(b)–(c) ................................... § 63.5(a) ......................................... § 63.5(b)(1)–(6) .............................. § 63.5(d) ......................................... § 63.5(e) ......................................... § 63.5(f) .......................................... § 63.6(a) ......................................... § 63.6(b)(1)–(7) .............................. § 63.6(c)(1)–(5) .............................. § 63.6(g)(1)–(3) .............................. § 63.6(h) ......................................... § 63.6(i)(1)–(16) ............................. § 63.6(j) .......................................... jbell on DSKJLSW7X2PROD with RULES2 § 63.7(a)(1) ..................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Extension of Compliance .............. Presidential Compliance Exemption. Performance Test Requirements—Applicability. Jkt 250001 PO 00000 Frm 00047 Fmt 4701 No ................................................. Explanation Applicability to subpart MMMM is also specified in § 63.3881. Area sources are not subject to subpart MMMM. Yes. Yes. Yes ................................................ Additional definitions are specified in § 63.3981. Yes. Yes. Yes. Yes. Yes ................................................ Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Yes before January 5, 2021. No on and after January 5, 2021. Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes. No ................................................. Section 63.3883 specifies the compliance dates. Section 63.3883 specifies the compliance dates. See § 63.3900(b) for general duty requirement. Subpart MMMM does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). Yes. Yes. Yes ................................................ Sfmt 4700 E:\FR\FM\08JYR2.SGM Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3964, 63.3965, and 63.3966. 08JYR2 41146 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART MMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMM OF PART 63—Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject § 63.7(a)(2) ..................................... Performance Test ments—Dates. § 63.7(a)(3)–(4) .............................. Performance Tests Required By the Administrator, Force Majeure. Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test. Conduct of Performance Tests .... § 63.7(b)–(d) ................................... § 63.7(e)(1) ..................................... § 63.7(e)(2)–(4) .............................. § 63.7(f) .......................................... jbell on DSKJLSW7X2PROD with RULES2 § 63.7(g)–(h) ................................... Require- Conduct of Performance Tests .... Performance Test Requirements—Use of Alternative Test Method. Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test. Applicable to subpart MMMM Explanation Yes ................................................ Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard. Section 63.3960 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). Yes. Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes ................................................ Yes ................................................ § 63.8(a)(1)–(3) .............................. Monitoring Requirements—Applicability. Yes ................................................ § 63.8(a)(4) ..................................... Additional ments. Require- No ................................................. § 63.8(b) ......................................... § 63.8(c)(1) ..................................... Conduct of Monitoring .................. Continuous Monitoring System (CMS) Operation and Maintenance. Yes. Yes before January 5, 2021. No on and after January 5, 2021. § 63.8(c)(2)–(3) .............................. CMS Operation and Maintenance Yes ................................................ § 63.8(c)(4) ..................................... CMS .............................................. No ................................................. § 63.8(c)(5) ..................................... COMS ........................................... No ................................................. § 63.8(c)(6) ..................................... CMS Requirements ...................... No ................................................. § 63.8(c)(7) ..................................... § 63.8(c)(8) ..................................... CMS Out-of-Control Periods ........ CMS Out-of-Control Periods and Reporting. Yes. No ................................................. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 Monitoring PO 00000 Frm 00048 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. See §§ 63.3964. Applies to all test methods except those used to determine capture system efficiency. Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for monitoring are specified in § 63.3968. Subpart MMMM does not have monitoring requirements for flares. Section 63.3968 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.3968. § 63.3968 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. Subpart MMMM does not have opacity or visible emission standards. Section 63.3968 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.3920 requires reporting of CMS out-of-control periods. 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41147 TABLE 2 TO SUBPART MMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMM OF PART 63—Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart MMMM Explanation § 63.8(d)–(e) ................................... Quality Control Program and CMS Performance Evaluation. No ................................................. Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.8(f)(1)–(5) ............................... Use of an Alternative Monitoring Method. Alternative to Relative Accuracy Test. Yes. § 63.8(g)(1)–(5) .............................. Data Reduction ............................. No ................................................. § 63.9(a)–(d) ................................... § 63.9(e) ......................................... Notification Requirements ............ Notification of Performance Test .. Yes. Yes ................................................ § 63.9(f) .......................................... Notification of Visible Emissions/ Opacity Test. No ................................................. § 63.9(g)(1)–(3) .............................. Additional Notifications Using CMS. No ................................................. § 63.9(h) ......................................... Notification of Compliance Status Yes ................................................ § 63.9(i) .......................................... Adjustment of Submittal Deadlines. Change in Previous Information ... Recordkeeping/Reporting—Applicability and General Information. General Recordkeeping Requirements. Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards. Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment. Actions Taken to Minimize Emissions During SSM. Yes. § 63.10(b)(2)(vi) .............................. Recordkeeping for CMS Malfunctions. Yes before January 5, 2021. No on and after January 5, 2021. § 63.10(b)(2)(xii) ............................. § 63.10(b)(2)(xiii) ............................ Records ........................................ .................................................. Yes. No ................................................. § 63.10(b)(2)(xiv) ............................ § 63.10(b)(3) ................................... .................................................. Recordkeeping Requirements for Applicability Determinations. Additional Recordkeeping Requirements for Sources with CMS. Additional Recordkeeping Requirements for Sources with CMS. Yes. Yes. Additional Recordkeeping Requirements for Sources with CMS. Records Regarding the SSMP ..... Yes. § 63.8(f)(6) ...................................... § 63.9(j) .......................................... § 63.10(a) ....................................... § 63.10(b)(1) ................................... § 63.10(b)(2)(i)–(ii) .......................... § 63.10(b)(2)(iii) .............................. § 63.10(b)(2)(iv)–(v) ....................... § 63.10(c)(1)–(6) ............................ jbell on DSKJLSW7X2PROD with RULES2 § 63.10(c)(7)–(8) ............................ § 63.10(c)(10)–(14) ........................ § 63.10(c)(15) ................................. VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00049 When Fmt 4701 No ................................................. Subpart MMMM does not require the use of continuous emissions monitoring systems. Sections 63.3967 and 63.3968 specify monitoring data reduction. Applies only to capture system and add-on control device performance tests at sources using these to comply with the standard. Subpart MMMM does not have opacity or visible emissions standards. Subpart MMMM does not require the use of continuous emissions monitoring systems. Section 63.3910 specifies the dates for submitting the notification of compliance status. Yes. Yes. Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Additional requirements are specified in §§ 63.3930 and 63.3931. See § 63.3930(j). Yes ................................................ § 63.10(b)(2)(iii). Yes before January 5, 2021. No on and after January 5, 2021. See § 63.3930(j) for a record of actions taken to minimize emissions duration a deviation from the standard. See § 63.3930(j) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. Subpart MMMM does not require the use of continuous emissions monitoring systems. Yes. No ................................................. See § 63.3930(j) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. Yes before January 5, 2021. No on and after January 5, 2021. Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41148 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART MMMM OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART MMMM OF PART 63—Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart MMMM Explanation Additional requirements are specified in § 63.3920. Additional requirements are specified in § 63.3920(b) and (d). Subpart MMMM does not require opacity or visible emissions observations. § 63.10(d)(1) ................................... General Reporting Requirements Yes ................................................ § 63.10(d)(2) ................................... Report of Performance Test Results. Reporting Opacity or Visible Emissions Observations. Yes ................................................ Yes. § 63.10(d)(5) ................................... Progress Reports for Sources With Compliance Extensions. SSM Reports ................................ § 63.10(e)(1)–(2) ............................ Additional CMS Reports ............... § 63.10(e)(3) ................................... Excess Emissions/CMS Performance Reports. No ................................................. § 63.10(e)(4) ................................... COMS Data Reports .................... No ................................................. § 63.10(f) ........................................ § 63.11 ........................................... Recordkeeping/Reporting Waiver Control Device Requirements/ Flares. State Authority and Delegations ... Addresses ..................................... IBR ................................................ Availability of Information/Confidentiality. Yes. No ................................................. § 63.10(d)(3) ................................... § 63.10(d)(4) ................................... § 63.12 § 63.13 § 63.14 § 63.15 ........................................... ........................................... ........................................... ........................................... No ................................................. Yes before January 5, 2021. No on and after January 5, 2021. No ................................................. See § 63.3920 (a)(7) and (c). Subpart MMMM does not require the use of continuous emissions monitoring systems. Section 63.3920(b) specifies the contents of periodic compliance reports. Subpart MMMMM does not specify requirements for opacity or COMS. Subpart MMMM does not specify use of flares for compliance. Yes. Yes. Yes. Yes. 39. Table 5 to Subpart MMMM of part 63 is added to read as follows: ■ TABLE 5 TO SUBPART MMMM OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS jbell on DSKJLSW7X2PROD with RULES2 Chemical Name CAS No. 1,1,2,2-Tetrachloroethane .................................................................................................................................................................... 1,1,2-Trichloroethane ........................................................................................................................................................................... 1,1-Dimethylhydrazine ......................................................................................................................................................................... 1,2-Dibromo-3-chloropropane .............................................................................................................................................................. 1,2-Diphenylhydrazine ......................................................................................................................................................................... 1,3-Butadiene ....................................................................................................................................................................................... 1,3-Dichloropropene ............................................................................................................................................................................ 1,4-Dioxane .......................................................................................................................................................................................... 2,4,6-Trichlorophenol ........................................................................................................................................................................... 2,4/2,6-Dinitrotoluene (mixture) ........................................................................................................................................................... 2,4-Dinitrotoluene ................................................................................................................................................................................. 2,4-Toluene diamine ............................................................................................................................................................................ 2-Nitropropane ..................................................................................................................................................................................... 3,3′-Dichlorobenzidine ......................................................................................................................................................................... 3,3′-Dimethoxybenzidine ..................................................................................................................................................................... 3,3′-Dimethylbenzidine ........................................................................................................................................................................ 4,4′-Methylene bis(2-chloroaniline) ...................................................................................................................................................... Acetaldehyde ....................................................................................................................................................................................... Acrylamide ........................................................................................................................................................................................... Acrylonitrile .......................................................................................................................................................................................... Allyl chloride ......................................................................................................................................................................................... alpha-Hexachlorocyclohexane (a-HCH) .............................................................................................................................................. Aniline .................................................................................................................................................................................................. Benzene ............................................................................................................................................................................................... Benzidine ............................................................................................................................................................................................. Benzotrichloride ................................................................................................................................................................................... Benzyl chloride .................................................................................................................................................................................... beta-Hexachlorocyclohexane (b-HCH) ................................................................................................................................................ Bis(2-ethylhexyl)phthalate .................................................................................................................................................................... Bis(chloromethyl)ether ......................................................................................................................................................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 79–34–5 79–00–5 57–14–7 96–12–8 122–66–7 106–99–0 542–75–6 123–91–1 88–06–2 25321–14–6 121–14–2 95–80–7 79–46–9 91–94–1 119–90–4 119–93–7 101–14–4 75–07–0 79–06–1 107–13–1 107–05–1 319–84–6 62–53–3 71–43–2 92–87–5 98–07–7 100–44–7 319–85–7 117–81–7 542–88–1 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41149 TABLE 5 TO SUBPART MMMM OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS—Continued Chemical Name CAS No. Bromoform ........................................................................................................................................................................................... Captan ................................................................................................................................................................................................. Carbon tetrachloride ............................................................................................................................................................................ Chlordane ............................................................................................................................................................................................ Chlorobenzilate .................................................................................................................................................................................... Chloroform ........................................................................................................................................................................................... Chloroprene ......................................................................................................................................................................................... Cresols (mixed) .................................................................................................................................................................................... DDE ..................................................................................................................................................................................................... Dichloroethyl ether ............................................................................................................................................................................... Dichlorvos ............................................................................................................................................................................................ Epichlorohydrin .................................................................................................................................................................................... Ethyl acrylate ....................................................................................................................................................................................... Ethylene dibromide .............................................................................................................................................................................. Ethylene dichloride .............................................................................................................................................................................. Ethylene oxide ..................................................................................................................................................................................... Ethylene thiourea ................................................................................................................................................................................. Ethylidene dichloride (1,1-Dichloroethane) .......................................................................................................................................... Formaldehyde ...................................................................................................................................................................................... Heptachlor ............................................................................................................................................................................................ Hexachlorobenzene ............................................................................................................................................................................. Hexachlorobutadiene ........................................................................................................................................................................... Hexachloroethane ................................................................................................................................................................................ Hydrazine ............................................................................................................................................................................................. Isophorone ........................................................................................................................................................................................... Lindane (hexachlorocyclohexane, all isomers) ................................................................................................................................... m-Cresol .............................................................................................................................................................................................. Methylene chloride ............................................................................................................................................................................... Naphthalene ......................................................................................................................................................................................... Nitrobenzene ........................................................................................................................................................................................ Nitrosodimethylamine .......................................................................................................................................................................... o-Cresol ............................................................................................................................................................................................... o-Toluidine ........................................................................................................................................................................................... Parathion .............................................................................................................................................................................................. p-Cresol ............................................................................................................................................................................................... p-Dichlorobenzene ............................................................................................................................................................................... Pentachloronitrobenzene ..................................................................................................................................................................... Pentachlorophenol ............................................................................................................................................................................... Propoxur .............................................................................................................................................................................................. Propylene dichloride ............................................................................................................................................................................ Propylene oxide ................................................................................................................................................................................... Quinoline .............................................................................................................................................................................................. Tetrachloroethene ................................................................................................................................................................................ Toxaphene ........................................................................................................................................................................................... Trichloroethylene ................................................................................................................................................................................. Trifluralin .............................................................................................................................................................................................. Vinyl bromide ....................................................................................................................................................................................... Vinyl chloride ....................................................................................................................................................................................... Vinylidene chloride ............................................................................................................................................................................... Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances 40. Section 63.4168 is amended by adding paragraphs (c)(3)(i) through (vii) to read as follows: jbell on DSKJLSW7X2PROD with RULES2 ■ § 63.4168 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? * * * (c) * * * (3) * * * VerDate Sep<11>2014 * * 18:13 Jul 07, 2020 Jkt 250001 (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 4 degrees Fahrenheit or 0.75 percent of the temperature value, whichever is larger. (iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (iv) If a gas temperature chart recorder is used, it must have a measurement sensitivity in the minor division of at least 20 degrees Fahrenheit. (v) Perform an electronic calibration at least semiannually according to the PO 00000 Frm 00051 Fmt 4701 Sfmt 4700 75–25–2 133–06–2 56–23–5 57–74–9 510–15–6 67–66–3 126–99–8 1319–77–3 3547–04–4 111–44–4 62–73–7 106–89–8 140–88–5 106–93–4 107–06–2 75–21–8 96–45–7 75–34–3 50–00–0 76–44–8 118–74–1 87–68–3 67–72–1 302–01–2 78–59–1 58–89–9 108–39–4 75–09–2 91–20–3 98–95–3 62–75–9 95–48–7 95–53–4 56–38–2 106–44–5 106–46–7 82–68–8 87–86–5 114–26–1 78–87–5 75–56–9 91–22–5 127–18–4 8001–35–2 79–01–6 1582–09–8 593–60–2 75–01–4 75–35–4 procedures in the manufacturer’s owner’s manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 30 degrees Fahrenheit of the process temperature sensor’s reading. (vi) Any time the sensor exceeds the manufacturer’s specified maximum operating temperature range, either conduct calibration and validation checks or install a new temperature sensor. E:\FR\FM\08JYR2.SGM 08JYR2 41150 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (vii) At least monthly, inspect components for integrity and electrical connections for continuity, oxidation, and galvanic corrosion. * * * * * Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles 41. Section 63.4371 is amended by revising the definition for ‘‘No organic HAP’’ to read as follows: ■ § 63.4371 subpart? What definitions apply to this * * * * * No organic HAP means no organic HAP in table 5 to this subpart is present at 0.1 percent by mass or more and no organic HAP not listed in table 5 to this subpart is present at 1.0 percent by mass or more. The organic HAP content of a regulated material is determined according to § 63.4321(e)(1). * * * * * Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products 42. Section 63.4492 is amended by revising paragraph (b) to read as follows: ■ § 63.4492 meet? What operating limits must I jbell on DSKJLSW7X2PROD with RULES2 * * * * * (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4561(j), you must meet the operating limits specified in table 1 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during the performance tests required in § 63.4560 according to the requirements in § 63.4567. You must meet the operating limits established during the most recent performance tests required in § 63.4560 at all times after you establish them. * * * * * ■ 43. Section 63.4500 is amended by revising paragraphs (a)(2)(i) and (ii), (b), and (c) to read as follows: § 63.4500 What are my general requirements for complying with this subpart? (a) * * * (2) * * * VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 (i) The coating operation(s) must be in compliance with the applicable emission limit in § 63.4490 at all times. (ii) The coating operation(s) must be in compliance with the operating limits for emission capture systems and addon control devices required by § 63.4492 at all times, except for solvent recovery systems for which you conduct liquidliquid material balances according to § 63.4561(j). * * * * * (b) Before January 5, 2021, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before January 5, 2021, if your affected source uses an emission capture system and add-on control device, you must develop a written SSMP according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. On and after January 5, 2021, the SSMP is not required. ■ 44. Section 63.4520 is amended by: ■ a. Revising paragraphs (a)(5) introductory text and (a)(5)(i) and (iv); ■ b. Adding paragraph (a)(5)(v); ■ c. Revising paragraph (a)(6) introductory text and (a)(6)(iii); ■ d. Adding paragraph (a)(6)(iv); ■ e. Revising paragraphs (a)(7) introductory text and (a)(7)(iii), (vi) through (viii), (x), (xiii), and (xiv); PO 00000 Frm 00052 Fmt 4701 Sfmt 4700 f. Adding paragraph (a)(7)(xv); g. Revising paragraph (c) introductory text; and ■ h. Adding paragraphs (d) through (h). The revisions and additions read as follows: ■ ■ § 63.4520 What reports must I submit? (a) * * * (5) Deviations: Compliant material option. If you used the compliant material option and there was a deviation from the applicable organic HAP content requirements in § 63.4490, the semiannual compliance report must contain the information in paragraphs (a)(5)(i) through (v) of this section. (i) Identification of each coating used that deviated from the applicable emission limit, and each thinner and/or other additive, and cleaning material used that contained organic HAP, and the date, time, and duration each was used. * * * * * (iv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.4500(b). (6) Deviations: Emission rate without add-on controls option. If you used the emission rate without add-on controls option and there was a deviation from the applicable emission limit in § 63.4490, the semiannual compliance report must contain the information in paragraphs (a)(6)(i) through (iv) of this section. * * * * * (iii) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (iv) On and after January 5, 2021, the number of deviations, date, time, duration, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.4500(b). (7) Deviations: Emission rate with add-on controls option. If you used the E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations emission rate with add-on controls option and there was a deviation from the applicable emission limit in § 63.4490 or the applicable operating limit(s) in table 1 to this subpart (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), before January 5, 2021, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (xiv) of this section. This includes periods of SSM during which deviations occurred. On and after January 5, 2021, the semiannual compliance report must contain the information in paragraphs (a)(7)(i) through (xii), (xiv), and (xv) of this section. If you use the emission rate with add-on controls option and there was a deviation from the applicable work practice standards in § 63.4493(b), the semiannual compliance report must contain the information in paragraph (a)(7)(xiii) of this section. * * * * * (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. * * * * * (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, the number of instances that the CPMS was inoperative, and for each instance, except for zero (lowlevel) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.4500(b). (vii) Before January 5, 2021, the date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). On and after January 5, 2021, the number of instances that the CPMS was out of control as specified in § 63.8(c)(7) and, for each instance, the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the number of deviations from an operating limit in table 1 to this subpart and, for each deviation, the date, time, and VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 duration of each deviation; the date, time, and duration of any bypass of the add-on control device. * * * * * (x) Before January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 of this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. * * * * * (xiii) Before January 5, 2021, for each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(7)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.4500(b). (B) The description required in paragraph (a)(7)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable. (xiv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limit in § 63.4490 or an operating limit in Table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable) and the actions you took to minimize emissions in accordance with § 63.4500(b). (xv) On and after January 5, 2021, for each deviation from an emission limit in § 63.4490 or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4490 or operating limit in table 1 to PO 00000 Frm 00053 Fmt 4701 Sfmt 4700 41151 this subpart, and a description of the method used to estimate the emissions. * * * * * (c) SSM reports. Before January 5, 2021, if you used the emission rate with add-on controls option and you had a SSM during the semiannual reporting period, you must submit the reports specified in paragraphs (c)(1) and (2) of this section. On and after January 5, 2021, the reports specified in paragraphs (c)(1) and (2) of this section are not required. * * * * * (d) Performance test reports. On and after January 5, 2021, you must submit the results of the performance tests required in § 63.4560 following the procedure specified in paragraphs (d)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the EPA’s ERT website (https://www.epa.gov/electronicreporting-air-emissions/electronicreporting-tool-ert) at the time of the test, you must submit the results of the performance test to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). The CEDRI interface can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov/). Performance test data must be submitted in a file format generated through the use of the EPA’s ERT or an alternate electronic file format consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website. (2) For data collected using test methods that are not supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/ OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41152 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations alternate file with the CBI omitted must be submitted to the EPA via the EPA’s CDX as described in paragraph (d)(1) of this section. (e) Initial notification reports. On and after January 5, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in § 63.9(h) and § 63.4510(c) to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA’s CDX (https://cdx.epa.gov/). The owner or operator must upload to CEDRI an electronic copy of each applicable notification in portable document format (PDF). The applicable notification must be submitted by the deadline specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404– 02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (f) Semiannual compliance reports. On and after January 5, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in paragraph (a) of this section to the EPA via the CEDRI. (CEDRI can be accessed through the EPA’s CDX (https://cdx.epa.gov/)). The owner or operator must use the appropriate electronic template on the CEDRI website for this subpart or an alternate electronic file format consistent with the XML schema listed on the CEDRI website (https:// www.epa.gov/electronic-reporting-airemissions/compliance-and-emissionsdata-reporting-interface-cedri). The date report templates become available will be listed on the CEDRI website. If the reporting form for the semiannual compliance report specific to this subpart is not available in CEDRI at the time that the report is due, you must submit the report to the Administrator at the appropriate addresses listed in § 63.13. Once the form has been VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 available in CEDRI for 1 year, you must begin submitting all subsequent reports via CEDRI. The reports must be submitted by the deadlines specified in this subpart, regardless of the method in which the reports are submitted. Owners or operators who claim that some of the information required to be submitted via CEDRI is CBI shall submit a complete report generated using the appropriate form in CEDRI or an alternate electronic file consistent with the XML schema listed on the EPA’s CEDRI website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium shall be clearly marked as CBI and mailed to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. (g) Reporting during EPA system outages. If you are required to electronically submit a report through the CEDRI in the EPA’s CDX, and due to a planned or actual outage of either the EPA’s CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of the EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (h) Reporting during force majeure events. If you are required to electronically submit a report through PO 00000 Frm 00054 Fmt 4701 Sfmt 4700 CEDRI in the EPA’s CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If you intend to assert a claim of force majeure, you must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. ■ 45. Section 63.4530 is amended by revising paragraphs (h), (i) introductory text, and (i)(1) and (2) to read as follows: § 63.4530 What records must I keep? * * * * * (h) Before January 5, 2021, you must keep records of the date, time, and duration of each deviation. On and after January 5, 2021, for each deviation from an emission limitation reported under § 63.4520(a)(5) through (7), a record of the information specified in paragraphs (h)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.4520(a)(5) through (7). E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.4520(a)(5) through (7). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490 or any applicable operating limit in Table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.4520(a)(5) through (7). (4) A record of actions taken to minimize emissions in accordance with § 63.4500(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (i) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (i)(1) through (8) of this section. (1) Before January 5, 2021, for each deviation, a record of whether the deviation occurred during a period of SSM. On and after January 5, 2021, a record of whether the deviation occurred during a period of SSM is not required. (2) Before January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM are not required. * * * * * ■ 46. Section 63.4531 is amended by revising paragraph (a) to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 63.4531 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA’s CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. * * * * * ■ 47. Section 63.4541 is amended by revising paragraphs (a)(1)(i) and (a)(2) and (4) to read as follows: § 63.4541 How do I demonstrate initial compliance with the emission limitations? * * * (a) * * * (1) * * * VerDate Sep<11>2014 * * (i) Count each organic HAP in Table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point (e.g., 0.3791). * * * * * (2) EPA Method 24 (appendix A–7 to 40 CFR part 60). For coatings, you may use EPA Method 24 to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP. As an alternative to using EPA Method 24, you may use ASTM D2369–10 (Reapproved 2015)e (incorporated by reference, see § 63.14). For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may use the alternative method contained in appendix A to this subpart, rather than EPA Method 24. You may use the volatile fraction that is emitted, as measured by the alternative method in appendix A to this subpart, as a substitute for the mass fraction of organic HAP. * * * * * (4) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (a)(1) through (3) of this section, such as manufacturer’s formulation data, if it represents each organic HAP in Table 5 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 5 to this subpart) is 0.5 percent of the material by mass, you do not have to count it. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may rely on manufacturer’s data that expressly states the organic HAP or volatile matter mass fraction emitted. If there is a disagreement between such information and results of a test conducted according to paragraphs (a)(1) through (3) of this section, then the test method results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. * * * * * 48. Section 63.4551 is amended by revising paragraph (c) to read as follows: ■ 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4700 41153 § 63.4551 How do I demonstrate initial compliance with the emission limitations? * * * * * (c) Determine the density of each material. Determine the density of each liquid coating, thinner and/or other additive, and cleaning material used during each month from test results using ASTM D1475–13 or ASTM D2111–10 (Reapproved 2015) (both incorporated by reference, see § 63.14), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM D1475–13 or ASTM D2111–10 (Reapproved 2015) and other such information sources, the test results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. If you purchase materials or monitor consumption by weight instead of volume, you do not need to determine material density. Instead, you may use the material weight in place of the combined terms for density and volume in Equations 1A, 1B, 1C, and 2 of this section. * * * * * ■ 49. Section 63.4560 is amended by revising the section heading and paragraphs (a)(1) and (4), (b)(1), and (c) introductory text to read as follows: § 63.4560 By what date must I conduct performance tests and initial compliance demonstrations? (a) * * * (1) All emission capture systems, addon control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4483. Except for solvent recovery systems for which you conduct liquidliquid material balances according to § 63.4561(j), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.4564, 63.4565, and 63.4566 and establish the operating limits required by § 63.4492. For a solvent recovery system for which you conduct liquidliquid material balances according to § 63.4561(j), you must initiate the first material balance no later than the applicable compliance date specified in § 63.4483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.4492 no later than 180 days after the applicable compliance date specified in § 63.4483. E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41154 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.4492 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.4567(b) and following the catalyst maintenance procedures in § 63.4567(b)(4), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. * * * * * (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4492 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section for your affected source on the date you complete the performance tests. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.4561(j). (b) * * * (1) All emission capture systems, addon control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4483. Except for solvent recovery systems for which you conduct liquidliquid material balances according to § 63.4561(j), you must conduct according to the schedule in paragraphs VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 (b)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.4564, 63.4565, and 63.4566 and establish the operating limits required by § 63.4492. For a solvent recovery system for which you conduct liquidliquid material balances according to § 63.4561(j), you must initiate the first material balance no later than the compliance date specified in § 63.4483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.4492 no later than 180 days after the applicable compliance date specified in § 63.4483. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.4492 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.4567(b) and following the catalyst maintenance procedures in § 63.4567(b)(4), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. * * * * * (c) You are not required to conduct an initial performance test to determine capture efficiency or destruction efficiency of a capture system or control device if you receive approval to use the results of a performance test that has been previously conducted on that capture system or control device. Any such previous tests must meet the conditions described in paragraphs (c)(1) through (3) of this section. You are still required to conduct a periodic performance test according to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) of this section. * * * * * PO 00000 Frm 00056 Fmt 4701 Sfmt 4700 50. Section 63.4561 is amended by revising paragraphs (j)(3) and (n) to read as follows: ■ § 63.4561 How do I demonstrate initial compliance? * * * * * (j) * * * (3) Determine the mass fraction of volatile organic matter for each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A–7, ASTM D2369–10 (Reapproved 2015)e (incorporated by reference, see § 63.14), or an EPA approved alternative method. Alternatively, you may determine the volatile organic matter mass fraction using information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of EPA Method 24 of 40 CFR part 60, appendix A–7, ASTM D2369–10 (Reapproved 2015)e, or an approved alternative method, the test method results will take precedence unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. * * * * * (n) Compliance demonstration. The organic HAP emission rate for the initial compliance period, calculated using Equation 5 of this section, must be less than or equal to the applicable emission limit for each subcategory in § 63.4490 or the predominant activity or facilityspecific emission limit allowed in § 63.4490(c). You must keep all records as required by §§ 63.4530 and 63.4531. As part of the notification of compliance status required by § 63.4510, you must identify the coating operation(s) for which you used the emission rate with add-on controls option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4490, and for control devices other than solvent recovery system using a liquid-liquid material balance, you achieved the operating limits required by § 63.4492 and the work practice standards required by § 63.4493. 51. Section 63.4563 is amended by revising paragraph (f) and adding paragraph (g) to read as follows: ■ E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations § 63.4563 How do I demonstrate continuous compliance with the emission limitations? * * * * * (f) As part of each semiannual compliance report required in § 63.4520, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limits in § 63.4490, the operating limits in § 63.4492, and the work practice standards in § 63.4493, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4490, and you achieved the operating limits required by § 63.4492 and the work practice standards required by § 63.4493 during each compliance period. (g) On and after January 5, 2021, deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.4500(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.4500(b). * * * * * ■ 52. Section 63.4564 is amended by revising paragraphs (a) introductory text and (a)(1) to read as follows: jbell on DSKJLSW7X2PROD with RULES2 § 63.4564 What are the general requirements for performance tests? (a) Before January 5, 2021, you must conduct each performance test required by § 63.4560 according to the requirements in § 63.7(e)(1) and under the conditions in this section, unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after January 5, 2021, you must conduct each performance test required by § 63.4560 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. You must conduct the performance test under representative operating conditions for the coating operation. Operations during periods of startup, shutdown, or nonoperation do not constitute representative conditions for purposes of conducting a performance test. The owner or operator may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 the test and explain why the conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. * * * * * ■ 53. Section 63.4565 is amended by revising the introductory text to read as follows: § 63.4565 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of each performance test required by § 63.4560. * * * * * ■ 54. Section 63.4566 is amended by revising the introductory text and paragraphs (a)(1) through (4) and (b) to read as follows: § 63.4566 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.4560. For each performance test, you must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. (a) * * * (1) Use EPA Method 1 or 1A of appendix A–1 to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A–1 to 40 CFR part 60, or 2G of appendix A–2 to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use EPA Method 3, 3A, or 3B of appendix A–2 to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. (4) Use EPA Method 4 of appendix A– 3 to 40 CFR part 60, to determine stack gas moisture. * * * * * (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A–7 to 40 CFR part 60. (1) Use EPA Method 25 of appendix A–7 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A of appendix A–7 if the add-on control device is an oxidizer and you expect the total PO 00000 Frm 00057 Fmt 4701 Sfmt 4700 41155 gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A of appendix A–7 if the add-on control device is not an oxidizer. (4) You may use EPA Method 18 in appendix A–6 of part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. * * * * * ■ 55. Section 63.4567 is amended by revising the introductory text and paragraphs (a)(1) and (2), (b)(1) through (3), (c)(1), (d)(1) and (2), and (e)(1) through (4) to read as follows: § 63.4567 How do I establish the emission capture system and add-on control device operating limits during the performance test? During performance tests required by § 63.4560 and described in §§ 63.4564, 63.4565, and 63.4566, you must establish the operating limits required by § 63.4492 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4492. (a) * * * (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) * * * (1) During performance tests, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) You must monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and E:\FR\FM\08JYR2.SGM 08JYR2 jbell on DSKJLSW7X2PROD with RULES2 41156 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During performance tests, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. * * * * * (c) * * * (1) During performance tests, you must monitor and record the total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, and the carbon bed temperature after each carbon bed regeneration and cooling cycle for the regeneration cycle either immediately preceding or immediately following the performance test. * * * * * (d) * * * (1) During performance tests, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) * * * (1) During performance tests, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During each performance test, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) For each performance test, use the data collected during the performance test to calculate and record the average pressure drop. This is the minimum VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 operating limit for the dilute stream across the concentrator. * * * * * ■ 56. Section 63.4568 is amended by revising paragraphs (a)(4), (5), and (7) and (c)(3) introductory text to read as follows: requirements in paragraphs (a) and (c)(3)(i) through (v) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. * * * * * § 63.4568 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? ■ (a) * * * (4) Before January 5, 2021, you must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. On and after January 5, 2021, you must maintain the CPMS at all times in accordance with § 63.4500(b) and keep necessary parts readily available for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.4500(b). * * * * * (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. * * * * * (c) * * * (3) For all thermal oxidizers and catalytic oxidizers, you must meet the PO 00000 Frm 00058 Fmt 4701 Sfmt 4700 57. Section 63.4581 is amended by revising the definitions of ‘‘Deviation’’ and ‘‘Non-HAP coating’’ to read as follows: § 63.4581 subpart? What definitions apply to this * * * * * Deviation means: (1) Before January 5, 2021, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to, any emission limit or operating limit or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. * * * * * Non-HAP coating means, for the purposes of this subpart, a coating that contains no more than 0.1 percent by mass of any individual organic HAP that is listed in table 5 to this subpart and no more than 1.0 percent by mass for any other individual HAP. * * * * * 58. Table 2 to Subpart PPPP of part 63 is revised to read as follows: ■ E:\FR\FM\08JYR2.SGM 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41157 TABLE 2 TO SUBPART PPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPP OF PART 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart PPPP § 63.1(a)(1)–(12) ............................ § 63.1(b)(1)–(3) .............................. General Applicability ..................... Initial Applicability Determination .. Yes. Yes ................................................ § 63.1(c)(1) ..................................... Applicability After Standard Established. Applicability of Permit Program for Area Sources. Extensions and Notifications ........ Applicability of Permit Program Before Relevant Standard is Set. Definitions ..................................... Yes. Yes. Yes. Yes. Yes. Yes. § 63.6(e)(1)(i)–(ii) ........................... Units and Abbreviations ............... Prohibited Activities ...................... Circumvention/Fragmentation ....... Construction/Reconstruction ......... Requirements for Existing, Newly Constructed, and Reconstructed Sources. Application for Approval of Construction/Reconstruction. Approval of Construction/Reconstruction. Approval of Construction/Reconstruction Based on Prior State Review. Compliance With Standards and Maintenance Requirements— Applicability. Compliance Dates for New and Reconstructed Sources. Compliance Dates for Existing Sources. Operation and Maintenance ......... § 63.6(e)(1)(iii) ................................ § 63.6(e)(3)(i), (e)(3)(iii)–(ix) ........... Operation and Maintenance ......... SSMP ............................................ § 63.6(f)(1) ...................................... Compliance Except During SSM .. § 63.6(f)(2)–(3) ............................... Methods for Determining Compliance. Use of an Alternative Standard .... Compliance With Opacity/Visible Emission Standards. § 63.1(c)(2) ..................................... § 63.1(c)(5) ..................................... § 63.1(e) ......................................... § 63.2 ............................................. § 63.3 ............................................. § 63.4(a)(1)–(2) .............................. § 63.4(b)–(c) ................................... § 63.5(a) ......................................... § 63.5(b)(1), (3), (4), (6) ................. § 63.5(d)(1)(i)–(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)–(4). § 63.5(e) ......................................... § 63.5(f) .......................................... § 63.6(a) ......................................... § 63.6(b)(1)–(5), (b)(7) ................... § 63.6(c)(1), (2), (5) ........................ § 63.6(g) ......................................... § 63.6(h) ......................................... § 63.6(i)(1)–(14), (16) ..................... § 63.6(j) .......................................... No ................................................. Yes ................................................ Yes. Yes. Yes ................................................ Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes before January 5, 2021. No on and after January 5, 2021. Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes. No ................................................. Performance Test ments—Dates. Yes ................................................ § 63.7(a)(3)–(4) .............................. Performance Tests Required By the Administrator, Force Majeure. 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00059 Fmt 4701 Additional definitions are specified in § 63.4581. Yes. § 63.7(a)(2), except (a)(2)(i)–(viii) .. VerDate Sep<11>2014 Area sources are not subject to subpart PPPP. Yes. Yes. Yes. Require- Applicability to subpart PPPP is also specified in § 63.4481. Yes. Yes. Extension of Compliance .............. Presidential Compliance Exemption. Performance Test Requirements—Applicability. § 63.7(a)(1) ..................................... jbell on DSKJLSW7X2PROD with RULES2 Explanation Yes ................................................ Section 63.4483 specifies the compliance dates. Section 63.4483 specifies the compliance dates. See § 63.4500(b) for general duty requirement. Subpart PPPP does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.4564, 63.4565, and 63.4566. Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.4560 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). Yes. Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 41158 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART PPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPP OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart PPPP Explanation § 63.7(b)–(d) ................................... Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test. Conduct of Performance Tests .... Yes ................................................ Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. See § 63.4500 and § 63.4564(a). § 63.7(e)(1) ..................................... § 63.7(e)(2)–(4) .............................. § 63.7(f) .......................................... jbell on DSKJLSW7X2PROD with RULES2 § 63.7(g)–(h) ................................... Conduct of Performance Tests .... Performance Test Requirements—Use Alternative Test Method. Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test. Yes before January 5, 2021. No on and after January 5, 2021. Yes. Yes ................................................ Yes ................................................ § 63.8(a)(1)–(2) .............................. Monitoring Requirements—Applicability. Yes ................................................ § 63.8(a)(4) ..................................... Additional ments. Require- No ................................................. § 63.8(b) ......................................... § 63.8(c)(1) ..................................... Conduct of Monitoring .................. Continuous Monitoring System (CMS) Operation and Maintenance. Yes. Yes before January 5, 2021. No on and after January 5, 2021. § 63.8(c)(2)–(3) .............................. CMS Operation and Maintenance Yes ................................................ § 63.8(c)(4) ..................................... CMS .............................................. No ................................................. § 63.8(c)(5) ..................................... COMS ........................................... No ................................................. § 63.8(c)(6) ..................................... CMS Requirements ...................... No ................................................. § 63.8(c)(7) ..................................... § 63.8(c)(8) ..................................... CMS Out-of-Control Periods ........ CMS Out-of-Control Periods and Reporting. Yes. No ................................................. § 63.8(d)–(e) ................................... Quality Control Program and CMS Performance Evaluation. No ................................................. § 63.8(f)(1)–(5) ............................... Use of an Alternative Monitoring Method. Alternative to Relative Accuracy Test. Yes. Data Reduction ............................. No ................................................. § 63.8(f)(6) ...................................... § 63.8(g) ......................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 Monitoring PO 00000 Frm 00060 Fmt 4701 No ................................................. Sfmt 4700 E:\FR\FM\08JYR2.SGM Applies to all test methods except those of used to determine capture system efficiency. Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.4568. Subpart PPPP does not have monitoring requirements for flares. Section 63.4568 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.4568. Section 63.4568 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. Subpart PPPP does not have opacity or visible emission standards. Section 63.4568 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. Section 63.4520 requires reporting of CMS out-of-control periods. Subpart PPPP does not require the use of continuous emissions monitoring systems. Subpart PPPP does not require the use of continuous emissions monitoring systems. Sections 63.4567 and 63.4568 specify monitoring data reduction. 08JYR2 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41159 TABLE 2 TO SUBPART PPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPP OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart PPPP § 63.9(a)–(d) ................................... § 63.9(e) ......................................... Notification Requirements ............ Notification of Performance Test .. Yes. Yes ................................................ § 63.9(f) .......................................... Notification of Visible Emissions/ Opacity Test. No ................................................. § 63.9(g) ......................................... Additional Notifications Using CMS. No ................................................. § 63.9(h)(1)–(3), (5)–(6) ................. Notification of Compliance Status Yes ................................................ § 63.9(i) .......................................... Adjustment of Submittal Deadlines. Change in Previous Information ... Recordkeeping/Reporting—Applicability and General Information. General Recordkeeping Requirements. Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards. Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment. Actions Taken to Minimize Emissions During SSM. Yes. § 63.10(b)(2)(vi) .............................. Recordkeeping for CMS Malfunctions. Yes before January 5, 2021. No on and after January 5, 2021. § 63.10(b)(2)(vii)–(xii) ..................... § 63.10(b)(2)(xiii) ............................ Records ........................................ ....................................................... Yes. No ................................................. § 63.10(b)(2)(xiv) ............................ § 63.10(b)(3) ................................... ....................................................... Recordkeeping Requirements for Applicability Determinations. Additional Recordkeeping Requirements for Sources with CMS. Additional Recordkeeping Requirements for Sources with CMS. Yes. Yes. Yes. § 63.10(c)(15) ................................. Additional Recordkeeping Requirements for Sources with CMS. Records Regarding the SSMP ..... § 63.10(d)(1) ................................... General Reporting Requirements § 63.10(d)(2) ................................... Report of Performance Test Results. Reporting Opacity or Visible Emissions Observations. Yes ................................................ Progress Reports for Sources With Compliance Extensions. Yes. § 63.9(j) .......................................... § 63.10(a) ....................................... § 63.10(b)(1) ................................... § 63.10(b)(2)(i)–(ii) .......................... § 63.10(b)(2)(iii) .............................. § 63.10(b)(2)(iv)–(v) ....................... § 63.10(c)(1), (5)–(6) ...................... § 63.10(c)(7)–(8) ............................ jbell on DSKJLSW7X2PROD with RULES2 § 63.10(c)(10)–(14) ........................ § 63.10(d)(3) ................................... § 63.10(d)(4) ................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00061 When Fmt 4701 Explanation Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. Subpart PPPP does not have opacity or visible emission standards. Subpart PPPP does not require the use of continuous emissions monitoring systems. Section 63.4510 specifies the dates for submitting the notification of compliance status. Yes. Yes. Yes ................................................ Yes before January 5, 2021. No on and after January 5, 2021. Additional requirements are specified in §§ 63.4530 and 63.4531. See § 63.4530(h). Yes. Yes before January 5, 2021. No on and after January 5, 2021. See § 63.4530(h)(4) for a record of actions taken to minimize emissions during a deviation from the standard. See § 63.4530(h) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. Subpart PPPP does not require the use of continuous emissions monitoring systems. Yes. No ................................................. Yes before January 5, 2021. No on and after January 5, 2021. Yes ................................................ No ................................................. Sfmt 4700 E:\FR\FM\08JYR2.SGM See § 63.4530(h) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. Additional requirements are specified in § 63.4520. Additional requirements are specified in § 63.4520(b). Subpart PPPP does not require opacity or visible emissions observations. 08JYR2 41160 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations TABLE 2 TO SUBPART PPPP OF PART 63—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART PPPP OF PART 63— Continued You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart PPPP § 63.10(d)(5) ................................... SSM Reports ................................ § 63.10(e)(1)–(2) ............................ Additional CMS Reports ............... Yes before January 5, 2021. No on and after January 5, 2021. No ................................................. § 63.10(e)(3) ................................... Excess Emissions/CMS Performance Reports. No ................................................. § 63.10(e)(4) ................................... COMS Data Reports .................... No ................................................. § 63.10(f) ........................................ § 63.11 ........................................... Recordkeeping/Reporting Waiver Control Device Requirements/ Flares. State Authority and Delegations ... Addresses ..................................... IBR ................................................ Availability of Information/Confidentiality. Yes. No ................................................. § 63.12 § 63.13 § 63.14 § 63.15 ........................................... ........................................... ........................................... ........................................... Explanation See § 63.4520(a)(7). Subpart PPPP does not require the use of continuous emissions monitoring systems. Section 63.4520(b) specifies the contents of periodic compliance reports. Subpart PPPP does not specify requirements for opacity or COMS. Subpart PPPP does not specify use of flares for compliance. Yes. Yes. Yes. Yes. 59. Table 5 to Subpart PPPP of part 63 is added to read as follows: ■ TABLE 5 TO SUBPART PPPP OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS jbell on DSKJLSW7X2PROD with RULES2 Chemical name CAS No. 1,1,2,2-Tetrachloroethane .................................................................................................................................................................... 1,1,2-Trichloroethane ........................................................................................................................................................................... 1,1-Dimethylhydrazine ......................................................................................................................................................................... 1,2-Dibromo-3-chloropropane .............................................................................................................................................................. 1,2-Diphenylhydrazine ......................................................................................................................................................................... 1,3-Butadiene ....................................................................................................................................................................................... 1,3-Dichloropropene ............................................................................................................................................................................ 1,4-Dioxane .......................................................................................................................................................................................... 2,4,6-Trichlorophenol ........................................................................................................................................................................... 2,4/2,6-Dinitrotoluene (mixture) ........................................................................................................................................................... 2,4-Dinitrotoluene ................................................................................................................................................................................. 2,4-Toluene diamine ............................................................................................................................................................................ 2-Nitropropane ..................................................................................................................................................................................... 3,3′-Dichlorobenzidine ......................................................................................................................................................................... 3,3′-Dimethoxybenzidine ..................................................................................................................................................................... 3,3′-Dimethylbenzidine ........................................................................................................................................................................ 4,4′-Methylene bis(2-chloroaniline) ...................................................................................................................................................... Acetaldehyde ....................................................................................................................................................................................... Acrylamide ........................................................................................................................................................................................... Acrylonitrile .......................................................................................................................................................................................... Allyl chloride ......................................................................................................................................................................................... alpha-Hexachlorocyclohexane (a-HCH) .............................................................................................................................................. Aniline .................................................................................................................................................................................................. Benzene ............................................................................................................................................................................................... Benzidine ............................................................................................................................................................................................. Benzotrichloride ................................................................................................................................................................................... Benzyl chloride .................................................................................................................................................................................... beta-Hexachlorocyclohexane (b-HCH) ................................................................................................................................................ Bis(2-ethylhexyl)phthalate .................................................................................................................................................................... Bis(chloromethyl)ether ......................................................................................................................................................................... Bromoform ........................................................................................................................................................................................... Captan ................................................................................................................................................................................................. Carbon tetrachloride ............................................................................................................................................................................ Chlordane ............................................................................................................................................................................................ Chlorobenzilate .................................................................................................................................................................................... Chloroform ........................................................................................................................................................................................... Chloroprene ......................................................................................................................................................................................... Cresols (mixed) .................................................................................................................................................................................... VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4700 E:\FR\FM\08JYR2.SGM 08JYR2 79–34–5 79–00–5 57–14–7 96–12–8 122–66–7 106–99–0 542–75–6 123–91–1 88–06–2 25321–14–6 121–14–2 95–80–7 79–46–9 91–94–1 119–90–4 119–93–7 101–14–4 75–07–0 79–06–1 107–13–1 107–05–1 319–84–6 62–53–3 71–43–2 92–87–5 98–07–7 100–44–7 319–85–7 117–81–7 542–88–1 75–25–2 133–06–2 56–23–5 57–74–9 510–15–6 67–66–3 126–99–8 1319–77–3 Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules and Regulations 41161 TABLE 5 TO SUBPART PPPP OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD TOTAL ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS—Continued Chemical name CAS No. DDE ..................................................................................................................................................................................................... Dichloroethyl ether ............................................................................................................................................................................... Dichlorvos ............................................................................................................................................................................................ Epichlorohydrin .................................................................................................................................................................................... Ethyl acrylate ....................................................................................................................................................................................... Ethylene dibromide .............................................................................................................................................................................. Ethylene dichloride .............................................................................................................................................................................. Ethylene oxide ..................................................................................................................................................................................... Ethylene thiourea ................................................................................................................................................................................. Ethylidene dichloride (1,1-Dichloroethane) .......................................................................................................................................... Formaldehyde ...................................................................................................................................................................................... Heptachlor ............................................................................................................................................................................................ Hexachlorobenzene ............................................................................................................................................................................. Hexachlorobutadiene ........................................................................................................................................................................... Hexachloroethane ................................................................................................................................................................................ Hydrazine ............................................................................................................................................................................................. Isophorone ........................................................................................................................................................................................... Lindane (hexachlorocyclohexane, all isomers) ................................................................................................................................... m-Cresol .............................................................................................................................................................................................. Methylene chloride ............................................................................................................................................................................... Naphthalene ......................................................................................................................................................................................... Nitrobenzene ........................................................................................................................................................................................ Nitrosodimethylamine .......................................................................................................................................................................... o-Cresol ............................................................................................................................................................................................... o-Toluidine ........................................................................................................................................................................................... Parathion .............................................................................................................................................................................................. p-Cresol ............................................................................................................................................................................................... p-Dichlorobenzene ............................................................................................................................................................................... Pentachloronitrobenzene ..................................................................................................................................................................... Pentachlorophenol ............................................................................................................................................................................... Propoxur .............................................................................................................................................................................................. Propylene dichloride ............................................................................................................................................................................ Propylene oxide ................................................................................................................................................................................... Quinoline .............................................................................................................................................................................................. Tetrachloroethene ................................................................................................................................................................................ Toxaphene ........................................................................................................................................................................................... Trichloroethylene ................................................................................................................................................................................. Trifluralin .............................................................................................................................................................................................. Vinyl bromide ....................................................................................................................................................................................... Vinyl chloride ....................................................................................................................................................................................... Vinylidene chloride ............................................................................................................................................................................... 60. Appendix A to Subpart PPPP of Part 63 is amended by revising section 1.2 to read as follows: ■ Appendix A to Subpart PPPP of Part 63—Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives jbell on DSKJLSW7X2PROD with RULES2 * * * * * 1.2 Principle: One-part and multiple-part reactive adhesives undergo a reactive conversion from liquid to solid during the application and assembly process. Reactive adhesives are applied to a single surface, but then are usually quickly covered with another mating surface to achieve a bonded assembly. The monomers employed in such systems typically react and are converted to non-volatile solids. If left uncovered, as in a EPA Method 24 (or ASTM D2369–10 (Reapproved 2015)e) test, the reaction is inhibited by the presence of oxygen and VerDate Sep<11>2014 18:13 Jul 07, 2020 Jkt 250001 volatile loss of the reactive components competes more heavily with the cure reaction. If this were to happen under normal use conditions, the adhesives would not provide adequate performance. This method minimizes this undesirable deterioration of the adhesive performance. * * * * * Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture 61. Section 63.4965 is amended by adding paragraphs (b)(1) through (3) to read as follows: ■ 3547–04–4 111–44–4 62–73–7 106–89–8 140–88–5 106–93–4 107–06–2 75–21–8 96–45–7 75–34–3 50–00–0 76–44–8 118–74–1 87–68–3 67–72–1 302–01–2 78–59–1 58–89–9 108–39–4 75–09–2 91–20–3 98–95–3 62–75–9 95–48–7 95–53–4 56–38–2 106–44–5 106–46–7 82–68–8 87–86–5 114–26–1 78–87–5 75–56–9 91–22–5 127–18–4 8001–35–2 79–01–6 1582–09–8 593–60–2 75–01–4 75–35–4 (b) * * * (1) Use EPA Method 25 to appendix A–7 to part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A to appendix A–7 to part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A to appendix A–7 to part 60 if the add-on control device is not an oxidizer. * * * * * § 63.4965 How do I determine the add-on control device emission destruction or removal efficiency? [FR Doc. 2020–05908 Filed 7–7–20; 8:45 am] * BILLING CODE 6560–50–P PO 00000 * Frm 00063 * * Fmt 4701 * Sfmt 9990 E:\FR\FM\08JYR2.SGM 08JYR2

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Rules and Regulations]
[Pages 41100-41161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05908]



[[Page 41099]]

Vol. 85

Wednesday,

No. 131

July 8, 2020

Part II





 Environmental Protection Agency





-----------------------------------------------------------------------





40 CFR Part 63





NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; 
Miscellaneous Metal Parts and Products; Plastic Parts and Products; 
Large Appliances; Printing, Coating, and Dyeing of Fabrics and Other 
Textiles; and Metal Furniture Residual Risk and Technology Reviews; 
Final Rule

Federal Register / Vol. 85, No. 131 / Wednesday, July 8, 2020 / Rules 
and Regulations

[[Page 41100]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0314, EPA-HQ-OAR-2019-0312, EPA-HQ-OAR-2019-0313, EPA-
HQ-OAR-2017-0670, EPA-HQ-OAR-2017-0668, EPA-HQ-OAR-2017-0669; FRL-
10006-70-OAR]
RIN 2060-AT49 and RIN 2060-AT72


NESHAP: Surface Coating of Automobiles and Light-Duty Trucks; 
Miscellaneous Metal Parts and Products; Plastic Parts and Products; 
Large Appliances; Printing, Coating, and Dyeing of Fabrics and Other 
Textiles; and Metal Furniture Residual Risk and Technology Reviews

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking final 
action on the residual risk and technology reviews (RTRs) conducted for 
the Surface Coating of Automobiles and Light-Duty Trucks (ALDT); 
Surface Coating of Miscellaneous Metal Parts and Products (MMPP); and 
the Surface Coating of Plastic Parts and Products (PPP) source 
categories regulated under national emission standards for hazardous 
air pollutants (NESHAP). These final amendments also address emissions 
during periods of startup, shutdown, and malfunction (SSM); electronic 
reporting of performance test results and compliance reports; the 
addition of EPA Method 18 and updates to several measurement methods; 
and the addition of requirements for periodic performance testing. 
Several miscellaneous technical amendments were also made to improve 
the clarity of the rule requirements. We are making no revisions to the 
numerical emission limits based on these risk analyses or technology 
reviews. This notice also finalizes technical corrections to the NESHAP 
for Surface Coating of Large Appliances; NESHAP for Printing, Coating, 
and Dyeing of Fabrics and Other Textiles; and NESHAP for Surface 
Coating of Metal Furniture.

DATES: This final rule is effective on July 8, 2020. The incorporation 
by reference (IBR) of certain publications listed in the rule is 
approved by the Director of the Federal Register as of July 8, 2020. 
The incorporation by reference of certain other publications listed in 
the rule was approved by the Director of the Federal Register as of 
June 25, 2004.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2019-0314 for 40 Code of Federal Regulations 
(CFR) part 63, subpart IIII (ALDT Docket); Docket ID No. EPA-HQ-OAR-
2019-0312 for 40 CFR part 63, subpart MMMM, Surface Coating of MMPP 
Docket; and Docket ID No. EPA-HQ-OAR-2019-0313 for 40 CFR part 63, 
subpart PPPP, Surface Coating of PPP Docket. All documents in the 
dockets are listed on the https://www.regulations.gov/ website. 
Although listed, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov/, 
or in hard copy at the EPA Docket Center, WJC West Building, Room 
Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public 
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern 
Standard Time (EST), Monday through Friday. The telephone number for 
the Public Reading Room is (202) 566-1744, and the telephone number for 
the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action 
for the Surface Coating of ALDT NESHAP, the Surface Coating of MMPP 
NESHAP, the Surface Coating of PPP NESHAP, and the technical 
corrections to the NESHAP for Surface Coating of Large Appliances and 
the NESHAP for Surface Coating of Metal Furniture contact Ms. J. Kaye 
Whitfield, Minerals and Manufacturing Group, Sector Policies and 
Programs Division (D243-04), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-2509; fax 
number: (919) 541-4991; and email address: [email protected]. For 
questions about the technical corrections to the Printing, Coating, and 
Dyeing of Fabrics and Other Textiles, contact Ms. Paula Hirtz, Minerals 
and Manufacturing Group, Sector Policies and Programs Division (D243-
04), Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2618; fax number: (919) 541-4991; and email 
address: [email protected]. For specific information regarding the 
risk modeling methodology, contact Mr. Chris Sarsony, Health and 
Environmental Impacts Division (C539-02), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-4843; 
fax number: (919) 541-0840; and email address: [email protected]. 
For information about the applicability of the NESHAP to a particular 
entity, contact Mr. John Cox, Office of Enforcement and Compliance 
Assurance, U.S. Environmental Protection Agency, WJC South Building 
(Mail Code 2227A), 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: (202) 564-1395; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

ALDT Automobile and Light-Duty Trucks
APA Administrative Procedures Act
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
HAP hazardous air pollutant(s)
HF hydrogen fluoride
HI hazard index
HQ hazard quotient
HQREL hazard quotient reference exposure limit
IBR incorporation by reference
ICR Information Collection Request
km kilometer
MACT maximum achievable control technology
mg/m\3\ milligrams per cubic meter
MIBK methyl isobutyl ketone
MIR maximum individual risk
MMPP Miscellaneous Metal Parts and Products
NAAQS National Ambient Air Quality Standard
NEI National Emission Inventory
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PB-HAP persistent and bioaccumulative HAP
PPP Plastic Parts and Products
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RTR residual risk and technology review
SSM startup, shutdown, and malfunction
TOSHI target organ-specific hazard index
tpy tons per year
UMRA Unfunded Mandates Reform Act
VCS voluntary consensus standards
VOC volatile organic compound


[[Page 41101]]


    Background information. On November 1, 2019, the EPA proposed 
revisions to the Surface Coating of ALDT NESHAP, the Surface Coating of 
MMPP NESHAP, and the Surface Coating of PPP NESHAP based on our RTR (84 
FR 58936). In this action, we are finalizing decisions and revisions 
for these rules. We summarize some of the more significant comments we 
timely received regarding the proposed rules and provide our responses 
in this preamble. A summary of all other public comments on the 
proposal and the EPA's responses to those comments is available in the 
``Summary of Public Comments and Responses for the Risk and Technology 
Reviews for the NESHAP for Surface Coating of ALDT; Surface Coating of 
MMPP; and Surface Coating of PPP,'' in Docket ID No. EPA-HQ-OAR-2019-
0314 for 40 CFR part 63, subpart IIII, Surface Coating of ALDT, Docket 
ID No. EPA-HQ-OAR-2019-0312 for 40 CFR part 63, subpart MMMM, Surface 
Coating of MMPP, and Docket ID No. EPA-HQ-OAR-2019-0313 for 40 CFR part 
63, subpart PPPP, Surface Coating of PPP. A ``track changes'' version 
of the regulatory language that incorporates the changes in this action 
is available in the docket for each subpart.
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What are the source categories and how do the NESHAP regulate 
their HAP emissions?
    C. What changes did we propose for the source categories in our 
November 1, 2019, RTR proposal?
III. What is included in these final rules?
    A. What are the final rule amendments based on the risk reviews 
for these source categories?
    B. What are the final rule amendments based on the technology 
reviews for these source categories?
    C. What are the final rule amendments addressing emissions 
during periods of SSM?
    D. What other changes have been made to these NESHAP?
    E. What are the effective and compliance dates of the standards?
    F. What are the requirements for submission of performance test 
data to the EPA?
IV. What is the rationale for our final decisions and amendments for 
these source categories?
    A. Residual Risk Reviews
    B. Technology Reviews
    C. Electronic Reporting Provisions
    D. SSM Provisions
    E. Ongoing Compliance Demonstrations
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR part 51
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

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

 Table 1--NESHAP and Industrial Source Categories Affected by This Final
                                 Action
------------------------------------------------------------------------
   NESHAP source category        NAICS code \1\      Regulated entities
------------------------------------------------------------------------
Surface Coating of ALDT.....  336111, 336112,       ALDT assembly
                               336211.               plants, producers
                                                     of automobile and
                                                     light-duty truck
                                                     bodies.
Surface Coating of MMPP.....  335312, 336111,       Automobile parts
                               336211, 336312,       (engine parts,
                               33632, 33633,         vehicle parts and
                               33634, 33637,         accessories,
                               336399.               brakes, axles,
                                                     etc.).
                              331316, 331524,       Extruded aluminum,
                               332321, 332323.       architectural
                                                     components, rod,
                                                     and tubes.
                              33312, 333611,        Heavy equipment
                               333618.               (tractors, earth
                                                     moving machinery).
                              332312, 332722,       Job shops (making
                               332813, 332991,       any of the products
                               332999, 334119,       from the MMPP
                               336413, 339999.       segments).
                              33612, 336211.......  Large trucks and
                                                     buses.
                              331319, 331422,       Magnet wire.
                               335929.
                              332311..............  Prefabricated metal
                                                     buildings,
                                                     carports, docks,
                                                     dwellings,
                                                     greenhouses, panels
                                                     for buildings.
                              33242, 81131,         Metal drums, kegs,
                               322214, 326199,       pails, shipping
                               331513, 332439.       containers.
                              331111, 33121,        Metal pipe and
                               331221, 331511.       foundry (plate,
                                                     tube, rods, nails,
                                                     spikes, etc.).
                              33651, 336611,        Rail transportation
                               482111.               (brakes, engines,
                                                     freight cars,
                                                     locomotives).
                              3369, 331316,         Recreational
                               336991, 336211,       vehicles
                               336112, 336213,       (motorcycles, motor
                               336214, 336399.       homes,
                                                     semitrailers, truck
                                                     trailers).
                              326291, 326299......  Rubber to metal
                                                     products (engine
                                                     mounts, rubberized
                                                     tank tread,
                                                     harmonic balancers.
                              332311, 332312......  Structural steel
                                                     (joists, railway
                                                     bridge sections,
                                                     highway bridge
                                                     sections).
                              336212, 336999,       Miscellaneous
                               33635, 56121, 8111.   transportation
                               56211.                related equipment
                                                     and parts.
Surface Coating of PPP......  337214..............  Office furniture,
                                                     except wood.

[[Page 41102]]

 
                              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).
Surface Coating of Large      335221..............  Household cooking
 Appliances.                                         equipment.
                              335222..............  Household
                                                     refrigerators and
                                                     freezers.
                              335224..............  Household laundry
                                                     equipment.
                              335228..............  Other major
                                                     household
                                                     appliances.
                              333312..............  Commercial laundry,
                                                     dry cleaning, and
                                                     pressing equipment.
                              333415..............  Air-conditioners
                                                     (except motor
                                                     vehicle), comfort
                                                     furnaces, and
                                                     industrial
                                                     refrigeration units
                                                     and freezers
                                                     (except heat
                                                     transfer coils and
                                                     large commercial
                                                     and industrial
                                                     chillers).
                              333319..............  Other commercial/
                                                     service industry
                                                     machinery, e.g.,
                                                     commercial
                                                     dishwashers, ovens,
                                                     and ranges, etc.
Printing, Coating, and        31321...............  Broadwoven fabric
 Dyeing of Fabrics and Other                         mills.
 Textiles.
                              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.
Surface Coating of Metal      337124..............  Metal household
 Furniture.                                          furniture
                                                     manufacturing.
                              337214..............  Nonwood office
                                                     furniture
                                                     manufacturing.
                              337127..............  Institutional
                                                     furniture
                                                     manufacturing.
                              337215..............  Showcase, partition,
                                                     shelving, and
                                                     locker
                                                     manufacturing.
                              337127..............  Institutional
                                                     furniture
                                                     manufacturing.
                              332951..............  Hardware
                                                     manufacturing.
                              332116..............  Metal stamping.
                              332612..............  Wire spring
                                                     manufacturing.
                              335121..............  Residential electric
                                                     lighting fixture
                                                     manufacturing.
                              335122..............  Commercial,
                                                     industrial, and
                                                     institutional
                                                     electric lighting
                                                     fixture
                                                     manufacturing.
                              339111..............  Laboratory furniture
                                                     manufacturing.
                              339114..............  Dental equipment
                                                     manufacturing.
                              81142...............  Reupholstery and
                                                     furniture repair.
                              922140..............  State correctional
                                                     institutions that
                                                     apply coatings to
                                                     metal furniture.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source categories listed. To 
determine whether your facility is

[[Page 41103]]

affected, you should examine the applicability criteria in the 
appropriate NESHAP. If you have any questions regarding the 
applicability of any aspect of these NESHAP, please contact the 
appropriate person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section of this preamble.

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

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/surface-coating-automobiles-and-light-duty-trucks-national-emission, 
https://www.epa.gov/stationary-sources-air-pollution/surface-coating-miscellaneous-metal-parts-and-products-national, and https://www.epa.gov/stationary-sources-air-pollution/surface-coating-plastic-parts-and-products-national-emission. Following publication in the 
Federal Register, the EPA will post the Federal Register version and 
key technical documents at these same websites.
    Additional information is available on the RTR website at https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous. This information 
includes an overview of the RTR program and links to project websites 
for the RTR source categories.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the Court) by September 8, 2020. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of hazardous air pollutants (HAP) from stationary 
sources. In the first stage, we must identify categories of sources 
emitting one or more of the HAP listed in CAA section 112(b) and then 
promulgate technology-based NESHAP for those sources. ``Major sources'' 
are those that emit, or have the potential to emit, any single HAP at a 
rate of 10 tons per year (tpy) or more, or 25 tpy or more of any 
combination of HAP. For major sources, these standards are commonly 
referred to as maximum achievable control technology (MACT) standards 
and must reflect the maximum degree of emission reductions of HAP 
achievable (after considering cost, energy requirements, and non-air 
quality health and environmental impacts). In developing MACT 
standards, CAA section 112(d)(2) directs the EPA to consider the 
application of measures, processes, methods, systems, or techniques, 
including, but not limited to, those that: (1) Reduce the volume of or 
eliminate HAP emissions through process changes, substitution of 
materials, or other modifications; (2) enclose systems or processes to 
eliminate emissions; (3) collect, capture, or treat HAP when released 
from a process, stack, storage, or fugitive emissions point; (4) are 
design, equipment, work practice, or operational standards; or (5) any 
combination of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, we must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). We may establish 
standards more stringent than the floor, based on the consideration of 
the cost of achieving the emissions reductions, any non-air quality 
health and environmental impacts, and energy requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, we must review the technology-based standards and revise them 
``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years pursuant to CAA section 112(d)(6). Under the residual risk 
review, we must evaluate the risk to public health remaining after 
application of the technology-based standards and revise the standards, 
if necessary, to provide an ample margin of safety to protect public 
health or to prevent, taking into consideration costs, energy, safety, 
and other relevant factors, an adverse environmental effect. The 
residual risk review is required within 8 years after promulgation of 
the technology-based standards, pursuant to CAA section 112(f). In 
conducting the residual risk review, if the EPA determines that the 
current standards provide an ample margin of safety to protect public 
health, it is not necessary to revise the MACT standards pursuant to 
CAA section 112(f).\1\ For more information on the statutory authority 
for this rule, see the proposal preamble (84 FR 58936, November 1, 
2019) and the memorandum, CAA Section 112 Risk and Technology Reviews: 
Statutory Authority and Methodology, December

[[Page 41104]]

14, 2017, in the ALDT Docket, MMPP Docket, and PPP Docket.
---------------------------------------------------------------------------

    \1\ The Court has affirmed this approach of implementing CAA 
section 112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (D.C. Cir. 
2008) (``If EPA determines that the existing technology-based 
standards provide an `ample margin of safety,' then the Agency is 
free to readopt those standards during the residual risk 
rulemaking.'').
---------------------------------------------------------------------------

B. What are the source categories and how do the NESHAP regulate their 
HAP emissions?

1. What is the surface coating of ALDT source category and how does the 
current NESHAP regulate its HAP emissions?
    The NESHAP for the ALDT source category was promulgated on April 
26, 2004 (69 FR 22602), and is codified at 40 CFR part 63, subpart 
IIII. Technical corrections and clarifying amendments were promulgated 
on December 22, 2006 (71 FR 76922), and April 24, 2007 (72 FR 20227). 
The ALDT NESHAP applies to any affected source that is a major source, 
is located at a major source, or is part of a major source of HAP 
emissions. The affected source is any coating operation that applies 
topcoats to new automobile or new light-duty truck bodies or body parts 
for new automobiles or new light-duty trucks and/or coatings to other 
new motor vehicle bodies or body parts for other new motor vehicles; 
parts intended for use in new automobiles, new light-duty trucks, or 
other new motor vehicles; or aftermarket repair or replacement parts 
for automobiles, light-duty trucks, or other motor vehicles. The source 
category covered by this MACT standard currently comprises 43 
facilities.
    The ALDT NESHAP (40 CFR 63.3176) defines an ``automobile'' as ``a 
motor vehicle designed to carry up to eight passengers, excluding vans, 
sport utility vehicles, and motor vehicles designed primarily to 
transport light loads of property,'' and defines ``light-duty truck'' 
as ``vans, sport utility vehicles, and motor vehicles designed 
primarily to transport light loads of property with gross vehicle 
weight rating of 8,500 lbs [pounds] or less.''
    The ALDT NESHAP defines a ``coating'' as ``a material that is 
applied to a substrate for decorative, protective or functional 
purposes. Such materials include, but are not limited to, paints, 
sealants, caulks, inks, adhesives, primers, deadeners, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this 
subpart.'' (40 CFR 63.3176).
    This source category is further described in the November 1, 2019, 
RTR proposal. See 84 FR 58941.
    The primary HAP emitted from ALDT surface coating operations are 
organic HAP and include toluene, xylene, glycol ethers, methyl isobutyl 
ketone (MIBK), ethyl benzene, and methanol. The HAP emissions are from 
coating application and drying and curing ovens in the ALDT surface 
coating operations. Some emissions occur from the cleaning of spray 
booths and equipment. In most cases, HAP emissions from surface 
preparation, storage, and handling are relatively small (i.e., not 
quantifiable) for this source category. Although inorganic HAP are 
reported components of coatings, no inorganic HAP are emitted because 
of the use of high efficiency spray equipment and filters on coating 
spray application operations.
    The NESHAP specifies numerical emission limits for existing sources 
and for new and reconstructed sources for organic HAP emissions from 
(1) electrodeposition primer, primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operations plus all 
coatings and thinners, except for deadener materials and for adhesive 
and sealer materials that are not components of glass bonding systems, 
used in coating operations; (2) primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operation plus all 
coatings and thinners, except for deadener materials and for adhesive 
and sealer materials that are not components of glass bonding systems, 
used in coating operations; (3) adhesives and sealers, other than glass 
bonding adhesive materials; and (4) deadener materials.
    The specific organic HAP emission limits are in 40 CFR 63.3090 (for 
new and reconstructed sources) and 40 CFR 63.3091 (for existing 
sources), and the operating limits are in 40 CFR 63.3093. The emission 
limits and operating limits are summarized in Tables 2 and 3, 
respectively, of the memorandum titled Technology Review for Surface 
Coating Operations in the Automobiles and Light-Duty Trucks Source 
Category, in the ALDT Docket.
    Compliance with the ALDT NESHAP emission limits can be achieved 
using several different options, including a compliant material option, 
an emission rate without add-on controls option (emissions averaging 
option), and an emission rate with add-on controls option. For bake 
ovens used to cure electrodeposition primers, an alternative is to 
capture the emissions and duct them to a control device having a 
destruction or removal efficiency of at least 95 percent. Facilities 
that have multiple paint lines may choose to group operations from two 
or more paint lines together to demonstrate compliance, or to make a 
separate compliance demonstration for the operations from each paint 
line.
    All ALDT facilities must develop and implement a work practice plan 
to minimize organic HAP emissions from the storage, mixing, and 
conveying of coatings, thinners, and cleaning materials used in, and 
waste materials generated by, the coating operations. The plan must 
specify practices and procedures to ensure that a set of minimum work 
practices specified in the NESHAP are implemented.
    Those ALDT facilities using add-on controls to comply with the 
NESHAP must also comply with site-specific operating limits for the 
emission capture and control system. These operating limits are 
established during the compliance test for the emission capture system 
and add-on control device. Alternatively, emission capture systems can 
meet design and air flow specifications to qualify as a permanent total 
enclosure with 100-percent capture efficiency.
2. What is the surface coating of MMPP source category and how does the 
current NESHAP regulate its HAP emissions?
    The MMPP NESHAP was promulgated on January 2, 2004 (69 FR 130), and 
is codified at 40 CFR part 63, subpart MMMM. Technical corrections to 
the final rule were published on April 26, 2004 (69 FR 22602), and 
December 22, 2006 (71 FR 76922). The MMPP NESHAP applies to owners or 
operators of metal parts and products surface coating operations at 
facilities that are major sources of HAP. The source category covered 
by this MACT standard currently comprises 368 facilities.
    The MMPP include, but are not limited to, metal components of the 
following types of products as well as the products themselves: Motor 
vehicle parts and accessories, bicycles and sporting goods, 
recreational vehicles, extruded aluminum structural components, 
railroad cars, heavy-duty trucks, medical equipment, lawn and garden 
equipment, electronic equipment, magnet wire, steel drums, industrial 
machinery, metal pipes, and numerous other industrial, household, and 
consumer products. The MMPP NESHAP does not apply to any surface 
coating or coating operation that meets the applicability criteria of 
any one of 11 other surface coating NESHAP, e.g., surface coating of 
metal components of wood furniture (subpart JJ of 40 CFR part 63), 
surface coating of metal components of large appliances (subpart NNNN 
of 40 CFR part 63), and surface coating of metal components of ALDT

[[Page 41105]]

(subpart IIII of 40 CFR part 63). See 40 CFR 63. 3881(c) for a list of 
exclusions to the MMPP source category.
    This source category is further described in the November 1, 2019, 
RTR proposal. See 84 FR 58942.
    The primary HAP emitted from MMPP surface coating operations are 
organic HAP and include xylenes, toluene, glycol ethers, ethyl benzene, 
MIBK, methanol, ethylene glycol, and dimethyl phthalate. The majority 
of organic HAP emissions can be attributed to the application, drying, 
and curing of coatings.
    Inorganic HAP emissions were considered in the development of the 
MMPP NESHAP, and the EPA determined that inorganic HAP emissions would 
be very low based on the coating application techniques in place at the 
time of the rule development. Given the combination of very low usage 
of coatings containing inorganic HAP in this source category, and the 
current and expected continued use of controls (dry filters and 
waterwash systems on spray booths and high efficiency equipment) to 
reduce overspray emissions, the EPA concluded that levels of inorganic 
HAP emissions did not warrant federal regulation because those 
regulations would increase regulatory burden but not be expected to 
result in additional emissions reduction.
    The MMPP NESHAP establishes the organic HAP emissions limits for 
existing sources and for new and reconstructed sources for organic HAP 
emissions for five subcategories. The five subcategories are (1) 
general use coating, (2) high performance coating, (3) magnet wire 
coating, (4) rubber-to-metal coating, and (5) extreme performance 
fluoropolymer coating.
    Compliance can be demonstrated with a compliant coatings option, 
where all coatings used have organic HAP contents that individually 
meet the organic HAP emissions limit, and all thinners and cleaning 
materials contain no organic HAP; an emission rate without add-on 
controls option, where the organic HAP emission rate, calculated as a 
rolling 12-month emission rate and determined on a monthly basis, is 
equal to or less than the organic HAP emissions limit; or an emission 
rate with add-on controls option, where the organic HAP emission rate, 
calculated as a rolling 12-month emissions rate and determined on a 
monthly basis, taking into account the emissions reduction achieved 
through the use of one or more emissions capture and control devices, 
is equal to or less than the organic HAP emissions limit. A facility 
using the add-on control option must also comply with work practice 
standards to minimize organic HAP emissions from the storage, mixing, 
and conveying of coatings, thinners, cleaning materials, and waste 
materials associated with the coating operation(s) and must also comply 
with operating limits for the emissions capture systems and add-on 
control devices.
    The specific organic HAP emission limits for each coating 
subcategory can be found in 40 CFR 63.3890 and the operating limits in 
40 CFR 63.3892. The emission limits and operating limits are summarized 
in Tables 4 and 5, respectively, of the memorandum titled Technology 
Review for Surface Coating Operations in the Miscellaneous Metal Parts 
and Products Category.
3. What is the surface coating of PPP source category and how does the 
current NESHAP regulate its HAP emissions?
    The NESHAP for the PPP source category was promulgated on April 19, 
2004 (69 FR 20968), and is codified at 40 CFR part 63, subpart PPPP. 
Technical corrections to the final rule were published on December 22, 
2006 (71 FR 76922), and April 24, 2007 (72 FR 20227). The PPP NESHAP 
applies to owners or operators of PPP surface coating operations at 
facilities that are major sources of HAP. The PPP include, but are not 
limited to, plastic components of the following types of products as 
well as the products themselves: Motor vehicle parts and accessories 
for automobiles, trucks, recreational vehicles; sporting and 
recreational goods; toys; business machines; laboratory and medical 
equipment; and household and other consumer products. The PPP NESHAP 
does not apply to the surface coating or coating operations that meet 
the applicability criteria of any of 11 other surface coating NESHAP, 
e.g., surface coating of plastic components of wood furniture (subpart 
JJ of 40 CFR part 63), surface coating of plastic components of large 
appliances (subpart NNNN of 40 CFR part 63), and surface coating of 
plastic components of ALDT (subpart IIII of 40 CFR part 63). See 40 CFR 
63. 4481(c) for a list of exclusions to the PPP source category.
    This source category is further described in the November 1, 2019, 
RTR proposal. See 84 FR 58943.
    The primary HAP emitted from PPP surface coating operations are 
organic HAP and, based on the 2011 National Emission Inventory (NEI), 
include xylene, toluene, MIBK, ethylbenzene, styrene, glycol ethers, 
and methanol, in order of decreasing emissions. These compounds account 
for about 96 percent of the nationwide HAP emissions from this source 
category, based on an analysis of the NEI. The source category covered 
by this MACT standard currently comprises 125 facilities.
    No inorganic HAP are currently associated with the coatings used in 
this source category, based on the data in the NEI.
    The PPP NESHAP specifies numerical emission limits for existing 
sources and for new and reconstructed sources for organic HAP 
emissions. The final rule contains four subcategories: (1) General use 
coating, (2) thermoplastic olefin coating, (3) automotive lamp coating, 
and (4) assembled on-road vehicle coating.
    Compliance can be demonstrated with a compliant material option, 
where the HAP content of each coating used is less than or equal to the 
applicable organic HAP emissions limit and each thinner, additive, and 
cleaning material uses no organic HAP; an emission rate without add-on 
controls option, where the organic HAP emission rate, calculated as a 
rolling 12-month emission rate and determined on a monthly basis, is 
equal to or less than the organic HAP emissions limit; or an emission 
rate with add-on controls option, where the organic HAP emission rate, 
calculated as a rolling 12-month emissions rate and determined on a 
monthly basis, taking into account the emissions reduction achieved 
through the use of one or more emissions capture and control devices, 
is equal to or less than the organic HAP emissions limit. A facility 
using the add-on control option must also comply with work practice 
standards to minimize organic HAP emissions from the storage, mixing, 
and conveying of coatings, thinners, cleaning materials, and waste 
materials associated with the coating operation(s) and must also comply 
with operating limits for the emissions capture systems and add-on 
control devices.
    The specific organic HAP emission limits for each coating 
subcategory can be found in 40 CFR 63.4490 and the operating limits in 
40 CFR 63.4492. The organic HAP emission limits and operating limits 
are summarized in Tables 2 and 3, respectively, of the memorandum 
titled Technology Review for the Plastic Parts and Products Surface 
Coating Operations Source Category.

[[Page 41106]]

4. What are the surface coating of large appliances; printing, coating, 
and dyeing of fabrics and other textiles; and surface coating of metal 
furniture source categories and how do the current NESHAP regulate 
their HAP emissions?
    The three source categories that are the subject of the technical 
corrections that are being finalized in this action are described in 
the Federal Register document for the final RTR rule amendments (84 FR 
9590, March 15, 2019).

C. What changes did we propose for the source categories in our 
November 1, 2019, RTR proposal?

    On November 1, 2019, the EPA published a proposed rule in the 
Federal Register for the Surface Coating of ALDT NESHAP, the Surface 
Coatings of MMPP NESHAP, and the Surface Coating of PPP NESHAP, 40 CFR 
part 63, subpart IIII, 40 CFR 63, subpart MMMM, and 40 CFR 63, subpart 
PPPP, respectively, that took into consideration the RTR analyses.
    We proposed to find that after compliance with the current NESHAP 
(i.e., MACT standards) the risks to public health from each of the 
source categories are acceptable, and that for each source category 
additional emission controls are not necessary to provide an ample 
margin of safety. Based on our technology review, we did not identify 
any cost-effective developments in practices, processes, or control 
technologies for any of the three surface coating source categories. 
Accordingly, we proposed no changes to the existing emission control 
requirements in subparts IIII, MMMM, and PPPP pursuant to the RTR 
analyses.
    We proposed the following amendments to improve rule effectiveness, 
provide regulatory flexibility, and comply with a legal ruling:
     For each source category, a requirement for electronic 
submittal of notifications, semi-annual reports, and compliance reports 
(which include performance test reports);
     for each source category, revisions to the SSM provisions 
of each NESHAP in order to ensure that they are consistent with the 
Court decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008), 
which vacated two provisions that exempted source owners and operators 
from the requirement to comply with otherwise applicable CAA section 
112(d) emission standards during periods of SSM;
     for each source category, adding the option of conducting 
EPA Method 18 of appendix A to 40 CFR part 60, ``Measurement of Gaseous 
Organic Compound Emissions by Gas Chromatography,'' to measure and then 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon;
     for each source category, removing references to paragraph 
(d)(4) of the Occupational Safety and Health Administration (OSHA) 
Hazard Communication standard (29 CFR 1910.1200), which dealt with 
OSHA-defined carcinogens, and replacing that reference with a list of 
HAP that must be regarded as potentially carcinogenic based on the EPA 
guidelines;
     for each source category, a requirement to perform 
performance testing and reestablish operating limits no less frequently 
than every 5 years for sources that are using add-on controls to 
demonstrate compliance; and
     for each source category, IBR of alternative test methods 
and references to updated alternative test methods.
    We also proposed several minor editorial and technical changes in 
each subpart, as well as technical corrections to three other recently 
promulgated RTRs for the following source categories: Surface Coating 
of Large Appliances NESHAP (40 CFR 63, subpart NNNN); Printing, 
Coating, and Dyeing of Fabrics and Other Textiles NESHAP (40 CFR 63, 
subpart OOOO); and Surface Coating of Metal Furniture NESHAP (40 CFR 
63, subpart RRRR).

III. What is included in these final rules?

    This action finalizes the EPA's proposed determinations pursuant to 
the RTR provisions of CAA sections 112(d)(6) and (f)(2) for the Surface 
Coating of ALDT source category, the Surface Coatings of MMPP source 
category, and the Surface Coating of PPP source category. This action 
also finalizes other proposed changes to each NESHAP as proposed, 
including the following for each source category:
     A requirement for electronic submittal of notifications, 
semi-annual reports, and compliance reports (which include performance 
test reports);
     revisions to the SSM provisions of each NESHAP;
     adding the option of conducting EPA Method 18 of appendix 
A to 40 CFR part 60, ``Measurement of Gaseous Organic Compound 
Emissions by Gas Chromatography,'' to measure and then subtract methane 
emissions from measured total gaseous organic mass emissions as carbon;
     replacing a reference to OSHA's Hazard Communication 
standard (29 CFR 1910.1200(d)(4)) with a list of HAP that must be 
regarded as potentially carcinogenic based on the EPA guidelines;
     adding a requirement for sources to perform periodic 
control device testing if they are using add-on controls to demonstrate 
compliance; and
     IBR of alternative test methods and references to updated 
alternative test methods.
    We are finalizing, as proposed, several minor editorial and 
technical changes in each subpart, including technical corrections to 
the Surface Coating of Large Appliances NESHAP (40 CFR 63, subpart 
NNNN); Printing, Coating, and Dyeing of Fabrics and Other Textiles 
NESHAP (40 CFR 63, subpart OOOO); and Surface Coating of Metal 
Furniture NESHAP (40 CFR 63, subpart RRRR).

A. What are the final rule amendments based on the risk reviews for 
these source categories?

    This section describes the final amendments to the Surface Coating 
of ALDT NESHAP (40 CFR part 63, subpart IIII); the Surface Coating of 
Miscellaneous Metal Parts NESHAP (40 CFR part 63, subpart MMMM); and 
the Surface Coating of PPP NESHAP (40 CFR part 63, subpart PPPP) being 
promulgated pursuant to CAA section 112(f)(2). The EPA proposed no 
changes to these three subparts based on the risk reviews conducted 
pursuant to CAA section 112(f)(2). In this action, we are finalizing 
our proposed determination that, considering compliance with MACT, the 
public health risks from these three subparts are acceptable, and that 
the standards provide an ample margin of safety to protect public 
health and prevent an adverse environmental effect. The EPA received no 
new data or other information during the public comment period that 
causes us to change that proposed determination. Therefore, we are not 
requiring additional emission controls under CAA section 112(f)(2) for 
any of the three subparts in this action.

B. What are the final rule amendments based on the technology reviews 
for these source categories?

    We determined that there are no cost-effective developments in 
practices, processes, and control technologies that warrant revisions 
to the MACT standards for the Surface Coating of ALDT, Surface Coating 
of MMPP, and Surface Coating of PPP source categories. Therefore, we 
are not finalizing revisions to the MACT standards under CAA section 
112(d)(6) for any of the three subparts in this action.

[[Page 41107]]

C. What are the final rule amendments addressing emissions during 
periods of SSM?

    We are finalizing the proposed amendments to the Surface Coating of 
ALDT NESHAP; the Surface Coating of MMPP NESHAP; and the Surface 
Coating of PPP NESHAP to remove and revise provisions related to SSM. 
In its 2008 decision in Sierra Club v. EPA 551 F. 3d 1019 (D.C. Cir. 
2008), the Court vacated portions of two provisions in the EPA's CAA 
section 112 regulations governing the emissions of HAP during periods 
of SSM. Specifically, the Court vacated the SSM exemption contained in 
40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 
302(k) of the CAA, emissions standards or limitations must be 
continuous in nature and that the SSM exemption violates the CAA's 
requirement that some CAA section 112 standards apply continuously.
    As detailed in section IV.A, B, and C of the November 1, 2019, 
proposal preamble, the ALDT NESHAP, MMPP NESHAP, and PPP NESHAP require 
that the standards apply at all times (see 40 CFR 63.3093(b), 
63.3900(a)(2), and 63.4492(b), respectively), consistent with the Court 
decision in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008). Table 
2 to Subpart IIII of Part 63, Table 2 to Subpart MMMM of Part 63, and 
Table 2 to Subpart PPPP of Part 63 (General Provisions applicability 
tables) are being revised to change the specification of the 
requirements that apply during periods of SSM. We are eliminating or 
revising certain recordkeeping and reporting requirements related to 
the eliminated SSM exemption. The EPA is also making other harmonizing 
changes to remove or modify inappropriate, unnecessary, or redundant 
language in the absence of the SSM exemption. We have determined that 
facilities in these source categories can meet the applicable emission 
standards in the Surface Coating of ALDT NESHAP, the Surface Coating of 
MMPP NESHAP, and the Surface Coating of PPP NESHAP at all times, 
including periods of startup and shutdown. Therefore, the EPA has 
determined that no additional standards are needed to address emissions 
during these periods. The legal rationale and detailed changes for SSM 
periods that we are finalizing here are set forth in the November 1, 
2019, preamble to the proposed rule. See 84 FR 58959 through 58963 for 
ALDT, 58971 through 58973 for MMPP, and 58980 through 58982 for PPP.
    Further, the EPA is not finalizing standards for malfunctions. As 
discussed in section IV.A, B, and C of the November 1, 2019, proposal 
preamble, the EPA interprets CAA section 112 as not requiring emissions 
that occur during periods of malfunction to be factored into 
development of CAA section 112 standards, although the EPA has the 
discretion to set standards for malfunctions where feasible. For these 
source categories, it is unlikely that a malfunction would result in a 
violation of the standards, and no comments were submitted that would 
suggest otherwise. Refer to section IV.A, B, and C of the November 1, 
2019, proposal preamble for further discussion of the EPA's rationale 
for the decision not to set standards for malfunctions, as well as a 
discussion of the actions a facility could take in the unlikely event 
that a facility fails to comply with the applicable CAA section 112 
standards as a result of a malfunction event, given that administrative 
and judicial procedures for addressing exceedances of the standards 
fully recognize that violations may occur despite good faith efforts to 
comply and can accommodate those situations.
    We are finalizing revisions to the General Provisions tables to 40 
CRF part 63, subparts IIII, MMMM, and PPPP, to eliminate requirements 
that include rule language providing an exemption for periods of SSM. 
Additionally, we are finalizing our proposal to eliminate language 
related to SSM that treats periods of startup and shutdown the same as 
periods of malfunction. Finally, we are finalizing our proposal to 
revise the Deviation Notification Report and related records as they 
relate to malfunctions. As discussed in detail in the proposal 
preamble, these revisions are consistent with the requirements in 40 
CFR 63.3093(b), 63.3900(a)(2), and 63.4492(b) stating that the 
standards apply at all times.
    We are finalizing a revision to the performance testing 
requirements at 40 CFR 63.3164(a)(1), 40 CFR 63.3964(a)(1), and 40 CFR 
63.4564(a)(1). The final performance testing provisions prohibit 
performance testing during SSM as these conditions are not 
representative of steady state operating conditions. The final rules 
also require that operators maintain records to document that operating 
conditions during the tests represent steady state conditions.

D. What other changes have been made to these NESHAP?

    These rules also finalize, as proposed, revisions to several other 
NESHAP requirements. We describe the revisions that apply to all the 
affected source categories in the following paragraphs.
    To increase the ease and efficiency of data submittal and data 
accessibility, we are finalizing a requirement that owners or operators 
of facilities in the Surface Coating of ALDT; Surface Coating of MMPP; 
and Surface Coating of PPP source categories submit electronic copies 
of certain required performance test reports through the EPA's Central 
Data Exchange (CDX) website using an electronic performance test report 
tool called the Electronic Reporting Tool (ERT). We also are 
finalizing, as proposed, provisions that allow facility operators the 
ability to seek extensions for submitting electronic reports for 
circumstances beyond the control of the facility, i.e., for a possible 
outage in the CDX or Compliance and Emissions Data Reporting Interface 
(CEDRI) or for a force majeure event in the time just prior to a 
report's due date, as well as the process to assert such a claim.
    For each subpart, we also are changing the format of references to 
test methods in 40 CFR part 60, appendix A to indicate where, in the 
eight sections of appendix A, each method is found.
    We are finalizing amendments to 40 CFR 63.3166(b), 40 CFR 
63.3966(b), and 40 CFR 63.4566(b) to add the option of conducting EPA 
Method 18 of appendix A to 40 CFR part 60, ``Measurement of Gaseous 
Organic Compound Emissions by Gas Chromatography,'' to measure and then 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon, when facilities are using EPA Method 25A to 
measure control device destruction efficiency.
    For each subpart, we are finalizing the proposal to re-designate 
the list of organic HAP that must be used when a facility chooses to 
use the compliant material option (i.e., for calculating total organic 
HAP content of a coating material present at 0.1 percent or greater by 
mass). To specify the applicable HAP, we are changing the rules to 
remove the references to paragraph (d)(4) of OSHA's Hazard 
Communication standard (29 CFR 1910.1200) and replace it with a new 
table in each subpart (Table 5 to 40 CFR part 63, subpart IIII; Table 5 
to 40 CFR part 63, subpart MMMM; and Table 5 to 40 CFR part 63, subpart 
PPPP) that lists the applicable HAP. The organic HAP in these new 
tables are those HAP that were categorized in the EPA's Prioritized 
Chronic Dose-Response Values for Screening Risk Assessments (dated May 
9, 2014) as a ``human carcinogen,'' ``probable human carcinogen,'' or 
``possible human carcinogen'' according to The Risk Assessment 
Guidelines of 1986 (EPA/

[[Page 41108]]

600/8-87/045, August 1987) \2\ or as ``carcinogenic to humans,'' 
``likely to be carcinogenic to humans,'' or with ``suggestive evidence 
of carcinogenic potential'' according to the Guidelines for Carcinogen 
Risk Assessment (EPA/630/P-03/001F, March 2005).
---------------------------------------------------------------------------

    \2\ See https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants.
---------------------------------------------------------------------------

    We are including in the final rule for each subpart a requirement 
for facilities to conduct control device performance testing no less 
frequently than once every 5 years when using the emission rate with 
add-on controls compliance option. For facilities with title V permits 
that require comparable periodic testing prior to permit renewal, no 
additional testing is required, and we included provisions in the rule 
to allow facilities to harmonize the NESHAP testing schedule with a 
facility's current title V testing schedule.
1. Technical Amendments to the Surface Coating of ALDT NESHAP
    We are revising the monitoring provisions for thermal and catalytic 
oxidizers, as proposed, to clarify that a thermocouple is part of the 
temperature sensor referred to in 40 CFR 63.3168(c)(3) for purposes of 
performing periodic calibration and verification checks.
    We are adding, as proposed, a new paragraph 40 CFR 63.3130(p) and 
revising 40 CFR 63.3131(a) to allow that any records required to be 
maintained by 40 CFR part 63, subpart IIII that are submitted 
electronically via the EPA's CEDRI may be maintained in electronic 
format. We are also adding clarification that this ability to maintain 
electronic copies does not affect the requirement for facilities to 
make records, data, and reports available upon request to a delegated 
air agency or the EPA as part of an on-site compliance evaluation.
    We are amending 40 CFR 63.3166(b) to add the option of conducting 
EPA Method 18 of appendix A-6 to 40 CFR part 60, ``Measurement of 
Gaseous Organic Compound Emissions by Gas Chromatography,'' to measure 
and subtract methane emissions from total gaseous organic mass 
emissions as carbon when facilities are using EPA Method 25A.
    In the final rule, as proposed, we are adding and updating test 
methods that are incorporated by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is incorporating by reference the 
voluntary consensus standards (VCS) and other methods described in the 
amendments to 40 CFR 63.14:
     ASTM D1475-13, Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products, IBR approved for 40 CFR 
63.3151(b);
     ASTM D2369-10 (Reapproved 2015)\e\, Standard Test Method 
for Volatile Content of Coatings, IBR approved for 40 CFR 
63.3151(a)(2);
     ASTM D2697-03 (Reapproved 2014), Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved 
for 40 CFR 63.3161(f)(1);
     ASTM D5066-91 (Reapproved 2017), Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions 
for Spray Application of Automotive Paints-Weight Basis, IBR approved 
for 40 CFR 63.3161(g);
     ASTM D5965-02 (Reapproved 2013), Standard Test Methods for 
Specific Gravity of Coating Powders, IBR approved for 40 CFR 
63.3151(b);
     ASTM D6093-97 (Reapproved 2016), Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
Helium Gas Pycnometer, IBR approved for 40 CFR 63.3161(f)(1);
     ASTM D6266-00a (Reapproved 2017), Standard Test Method for 
Determining the Amount of Volatile Organic Compound (VOC) Released from 
Waterborne Automotive Coatings and Available for Removal in a VOC 
Control Device (Abatement), IBR approved for 40 CFR 63.3165(e); and
     EPA-450/3-88-018, Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Topcoat Operations, IBR approved for 40 CFR 63.3130(c), 
63.3161(d) and (g), 63.3165(e), and appendix A to subpart IIII of part 
63.
2. Technical Amendments to the Surface Coating of MMPP NESHAP
    We are amending 40 CFR 63.3966(b) to add the option of conducting 
EPA Method 18 of appendix A to 40 CFR part 60, ``Measurement of Gaseous 
Organic Compound Emissions by Gas Chromatography,'' to measure and then 
subtract methane emissions from total gaseous organic mass emissions as 
carbon when facilities are using EPA Method 25A.
    Current 40 CFR 63.3931 specifies how records must be maintained. We 
are adding clarification to this provision at 40 CFR 63.3931(a) that 
specifies the allowance to retain electronic records applies to all 
records that were submitted as reports electronically via the EPA's 
CEDRI. We are also adding text to the same provision clarifying that 
this ability to maintain electronic copies does not affect the 
requirement for facilities to make records, data, and reports available 
upon request to a delegated air agency or the EPA as part of an on-site 
compliance evaluation.
    In the final rule, as proposed, we are adding and updating test 
methods that are incorporated by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is incorporating by reference the 
VCS and other methods described in the amendments to 40 CFR 63.14:
     ASTM D1475-13, Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products, IBR approved for 40 CFR 
63.3941(b)(4) and (c) and 63.3951(c);
     ASTM D2111-10 (Reapproved 2015), Standard Test Methods for 
Specific Gravity and Density of Halogenated Organic Solvents and Their 
Admixtures, IBR approved for 40 CFR 63.3951(c);
     ASTM Method D2369-10 (Reapproved 2015)\e\, Standard Test 
Method for Volatile Content of Coatings, IBR approved for 40 CFR 
63.3961(j)(3);
     ASTM D2697-03 (Reapproved 2014), Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved 
for 40 CFR 63.3941(b)(1);
     ASTM Method D5965-02 (Reapproved 2013), Standard Test 
Methods for Specific Gravity of Coating Powders, IBR approved for 40 
CFR 3951(c); and
     ASTM D6093-97 (Reapproved 2016), Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
Helium Gas Pycnometer, IBR approved for 40 CFR 63.3941(b)(1).
3. Technical Amendments to the Surface Coating of PPP NESHAP
    We are amending 40 CFR 63.4566(b)(4) to add the option of 
conducting EPA Method 18 of appendix A to 40 CFR part 60, ``Measurement 
of Gaseous Organic Compound Emissions by Gas Chromatography,'' to 
measure and then subtract methane emissions from total gaseous organic 
mass emissions as carbon when facilities are using EPA Method 25A.
    Current 40 CFR 63.4530 specifies records that must be maintained. 
We are adding clarification to this provision at 40 CFR 63.4530(a) that 
specifies the allowance to retain electronic records applies to all 
records that were submitted as reports electronically via the EPA's 
CEDRI. We are also adding text to the same provision clarifying that 
this ability to maintain electronic copies does not affect the 
requirement for facilities to make records, data, and

[[Page 41109]]

reports available upon request to a delegated air agency or the EPA as 
part of an on-site compliance evaluation.
    We are clarifying and harmonizing the general requirement in 40 CFR 
63.4500(b) with the reporting requirement in 40 CFR 63.4520(a)(5), (6), 
and (7), and the recordkeeping requirement in 40 CFR 63.4530(h)(4).
    In the final rule, as proposed, we are adding and updating test 
methods that are incorporated by reference. In accordance with 
requirements of 1 CFR 51.5, the EPA is incorporating by reference the 
following VCS described in the amendments to 40 CFR 63.14:
     ASTM D1475-13, Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products, IBR approved for 40 CFR 
63.4551(c);
     ASTM D2111-10 (Reapproved 2015), Standard Test Methods for 
Specific Gravity and Density of Halogenated Organic Solvents and Their 
Admixtures, IBR approved for 40 CFR 63.4551(c); and
     ASTM D2369-10 (Reapproved 2015)\e\, Standard Test Method 
for Volatile Content of Coatings, IBR approved for 40 CFR 
63.4541(a)(2), and 63.4561(j)(3).
4. Technical Amendments to Other Subparts
    We are revising the NESHAP for Surface Coating of Large Appliances 
(40 CFR part 63, subpart NNNN); the NESHAP for Printing, Coating, and 
Dyeing of Fabrics and Other Textiles (40 CFR part 63, subpart OOOO); 
and the NESHAP for Surface Coating of Metal Furniture (40 CFR part 63, 
subpart RRRR) to make corrections after the three subparts were amended 
in a final rule published in the Federal Register on March 15, 2019 (84 
FR 9590). The proposed corrections were published on November 1, 2019 
(84 FR 58936), and no public comments on these corrections were 
received. Therefore, we are making the corrections to these three 
subparts as proposed.

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

    The revisions to the MACT standards being promulgated in this 
action are effective on July 8, 2020.
    For affected sources in the ALDT, MMPP, and PPP source categories, 
the compliance date is January 5, 2021, with the exception of the 
electronic format for submitting semiannual compliance reports. For the 
electronic format for submitting semiannual compliance reports, both 
existing and new (or reconstructed) affected sources must comply within 
1 year after the electronic reporting templates are available on CEDRI, 
or 1 year after July 8, 2020, whichever is later. The EPA selected 
these compliance dates based on experience with similar industries and 
the EPA's detailed justification for the selected compliance dates is 
included in the preamble to the proposed rule (84 FR 58965, 58975, and 
58984).

F. What are the requirements for submission of performance test data to 
the EPA?

    As proposed, the EPA is taking a step to increase the ease and 
efficiency of data submittal and data accessibility. Specifically, the 
EPA is finalizing the requirement for owners or operators of facilities 
in the ALDT, MMPP, and PPP source categories to submit electronic 
copies of certain required performance test reports.
    Performance test results collected using test methods that are 
supported by the EPA's ERT as listed on the ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test be submitted in the format generated 
through the use of the ERT. The ERT will generate an electronic report 
package which will be submitted to the CEDRI interface on the EPA's 
CDX. CEDRI can be accessed through the CDX website (https://cdx.epa.gov/).
    The requirement to submit performance test data electronically to 
the EPA does not create any additional performance testing and will 
apply only to those performance tests conducted using test methods that 
are supported by the ERT. A listing of the pollutants and test methods 
supported by the ERT is available at the ERT website. Electronic 
reporting will save time in the performance test submittal process. The 
electronic submittal of reports increases the usefulness of the data 
contained in those reports, is in keeping with current trends in data 
availability, further assists in the protection of public health and 
the environment, and ultimately results in less burden on regulated 
facilities. It also will improve compliance by facilitating the ability 
of regulated facilities to demonstrate compliance and the ability of 
air agencies and the EPA to assess and determine compliance. Electronic 
storage of reports make data more accessible for review, analysis, and 
sharing. Electronic reporting also eliminates paper-based, manual 
processes; thereby saving time and resources, simplifying data entry, 
eliminating redundancies, minimizing data reporting errors, and 
providing data quickly and accurately to affected facilities, air 
agencies, the EPA, and the public. For a more thorough discussion of 
electronic reporting of performance tests, see the memorandum, 
Electronic Reporting Requirements for New Source Performance Standards 
(NSPS) and National Emission Standards for Hazardous Air Pollutants 
(NESHAP) Rules, August 8, 2018, in the ALDT Docket, MMPP Docket, and 
PPP Docket.
    In summary, in addition to supporting regulation development, 
control strategy development, and other air pollution control 
activities, having an electronic database populated with performance 
test data will save industry, state/local/tribal agencies, and the EPA 
significant time, money, and effort while improving the quality of 
emission inventories and air quality regulations.

IV. What is the rationale for our final decisions and amendments for 
these source categories?

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

A. Residual Risk Reviews

1. What did we propose pursuant to CAA section 112(f)?
a. Surface Coating of ALDT (40 CFR part 63, subpart IIII) Source 
Category
    Pursuant to CAA section 112(f)(2), the EPA conducted a residual 
risk review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in the November 1, 2019, proposed rule for 40 CFR part 63, 
subpart IIII (84 FR 58954). The results of the risk assessment for the 
proposal are presented briefly below in Table 2 of this preamble. More 
detail is in the residual risk technical support document, Residual 
Risk Assessment for the Surface Coating of Automobiles and Light-Duty 
Trucks Source Category in Support of the 2019 Risk and Technology 
Review Proposed Rule, available in the ALDT Docket.

[[Page 41110]]



                                   Table 2--Surface Coating of ALDT Source Category Inhalation Risk Assessment Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Maximum individual     Estimated population      Estimated annual         Maximum chronic
                                      cancer risk  (in 1     at  increased risk of     cancer  incidence    noncancer target organ-
                                          million)             cancer  >= 1-in-1      (cases per year)       specific hazard index
                                   ------------------------        million         ------------------------        (TOSHI 1)          Maximum screening
          Risk assessment                                  ------------------------                        ------------------------ acute noncancer HQ 2
                                     Based on    Based on    Based on    Based on    Based on    Based on    Based on    Based on
                                      actual     allowable    actual     allowable    actual     allowable    actual     allowable
                                     emissions   emissions   emissions   emissions   emissions   emissions   emissions   emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Category...................          10          10      15,000      19,000        0.01        0.01         0.3         0.3  hazard quotient
                                                                                                                                     reference exposure
                                                                                                                                     limit (HQREL) = 1.
Whole Facility....................          10  ..........      48,000  ..........        0.02  ..........         0.3  ..........  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The TOSHI is the sum of the chronic noncancer hazard quotients (HQs) for substances that affect the same target organ or organ system.
\2\ The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference
  exposure level).

    The results of the proposal inhalation risk modeling using actual 
emissions data, as shown in Table 2 of this preamble, indicate that the 
maximum individual cancer risk based on actual emissions (lifetime) is 
10-in-1 million (driven by naphthalene and ethyl benzene from 
miscellaneous industrial processes--other/not classified), the maximum 
chronic noncancer TOSHI value based on actual emissions is 0.3 (driven 
by hexamethylene-1,6-diisocyanate from a painting topcoat process), and 
the maximum screening acute noncancer HQ value (off-facility site) 
could be up to 1 (driven by formaldehyde). At proposal, the total 
annual cancer incidence (national) from these facilities based on 
actual emission levels was estimated to be 0.01 excess cancer cases per 
year, or one case in every 100 years.
    The results of the proposal inhalation risk modeling using 
allowable emissions data, as shown in Table 2 of this preamble, 
indicate that the maximum individual cancer risk based on allowable 
emissions (lifetime) is 10-in-1 million (driven by naphthalene and 
ethyl benzene), and the maximum chronic noncancer TOSHI value based on 
allowable emissions is 0.3 (driven by hexamethylene-1,6-diisocyanate). 
At proposal, the total annual cancer incidence (national) from these 
facilities based on allowable emissions was estimated to be 0.01 excess 
cancer cases per year, or one case in every 100 years.
    The maximum individual cancer risk (lifetime) for the whole 
facility was determined to be 10-in-1 million at proposal (driven by 
naphthalene and ethyl benzene). The maximum facility-wide TOSHI for the 
source category was estimated to be 0.3 (driven by emissions of 
hexamethylene-1,6-diisocyanate). At proposal, the total estimated 
cancer incidence from the whole facility was determined to be 0.02 
excess cancer cases per year, or one excess case in every 50 years.
    One persistent and bioaccumulative HAP (PB-HAP) is emitted by 
facilities in the source category: Lead. In evaluating the potential 
for multipathway effects from emissions of lead, we compared modeled 
annual lead concentrations to the National Ambient Air Quality Standard 
(NAAQS) for lead of 0.15 milligrams per cubic meter (mg/m\3\), 
arithmetic mean concentration over a 3-month period. The highest annual 
average lead concentration of 1.5 x 10^-5 mg/m\3\ is below 
the NAAQS level for lead, indicating a low potential for multipathway 
impacts of concern due to lead even assuming a shorter averaging period 
is analyzed. Based on this evaluation, we proposed that there is no 
significant potential for human health multi-pathway risks as a result 
of HAP emissions from this source category. Three environmental HAP are 
emitted by sources within this source category: Lead, hydrochloric acid 
(HCl) and hydrogen fluoride (HF). Therefore, at proposal, we conducted 
a screening-level evaluation of the potential adverse environmental 
risks associated with emissions of lead, HCl, and HF for the ALDT 
source category. Based on this evaluation, we proposed that we do not 
expect an adverse environmental effect as a result of HAP emissions 
from this source category.
    We weighed all health risk factors, including those shown in Table 
2 of this preamble, in our risk acceptability determination and 
proposed that the residual risks from the Surface Coating of ALDT 
source category are acceptable (section IV.A.2.a of proposal preamble, 
84 FR 58956, November 1, 2019).
    We then considered whether 40 CFR part 63, subpart IIII provides an 
ample margin of safety to protect public health. In considering whether 
the standards should be tightened to provide an ample margin of safety 
to protect public health, we considered the same risk factors that we 
considered for our acceptability determination and also considered the 
costs, technological feasibility, and other relevant factors related to 
emissions control options that might reduce risk associated with 
emissions from the source category. Related to risk, the baseline risks 
were low, and regardless of the availability of further control 
options, little risk reduction could be realized. As discussed further 
in section IV.B of this preamble, we did not identify any cost-
effective measures to further reduce HAP emissions for the Surface 
Coating of ALDT source category. Therefore, given the low baseline 
risks and lack of options for further risk reductions, we proposed that 
additional emission controls for this source category are not necessary 
to provide an ample margin of safety (section IV.A.2.b of proposal 
preamble, 84 FR 58956, November 1, 2019).
b. Surface Coating of MMPP (40 CFR part 63, subpart MMMM) Source 
Category
    Pursuant to CAA section 112(f)(2), the EPA conducted a residual 
risk review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in the November 1, 2019, proposed rule for 40 CFR part 63, 
subpart MMMM (84 FR 58966). The results of the risk assessment for the 
proposal are presented briefly below in Table 3 of this preamble. More 
detail is in the residual risk technical support document, Residual 
Risk Assessment for the Surface Coating of MMPP Source Category in 
Support of the 2019 Risk and Technology Review Proposed Rule, available 
in the MMPP Docket.

[[Page 41111]]



                                   Table 3--Surface Coating of MMPP Source Category Inhalation Risk Assessment Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Maximum individual     Estimated population      Estimated annual         Maximum chronic
                                      cancer risk  (in 1     at  increased risk of     cancer  incidence      noncancer TOSHI 1
                                           million)            cancer  >= 1-in-1       (cases per year)
                                   ------------------------         million        ------------------------------------------------   Maximum screening
          Risk assessment                                  ------------------------                                                 acute noncancer HQ 2
                                     Based on    Based on    Based on    Based on    Based on    Based on    Based on    Based on
                                      actual     allowable    actual     allowable    actual     allowable    actual     allowable
                                     emissions   emissions   emissions   emissions   emissions   emissions   emissions   emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source category...................          20          30      18,000      24,000       0.008        0.01         0.8           1  HQREL = 4.
Whole facility....................         100  ..........     370,000  ..........        0.04  ..........           1  ..........  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The TOSHI is the sum of the chronic noncancer HQ for substances that affect the same target organ or organ system.
\2\ The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference
  exposure level).

    The results of the proposal inhalation risk modeling using actual 
emissions data, as shown in Table 3 of this preamble, indicate that the 
maximum individual cancer risk based on actual emissions (lifetime) is 
20-in-1 million (driven by naphthalene and ethyl benzene from coating 
operations), the maximum chronic noncancer TOSHI value based on actual 
emissions is 0.8 (driven by antimony from coating operations), and the 
maximum screening acute noncancer HQ value (off-facility site) could be 
up to 4 (driven by glycol ethers). At proposal, the total annual cancer 
incidence (national) from these facilities based on actual emission 
levels was estimated to be 0.008 excess cancer cases per year, or one 
case in every 125 years.
    The results of the proposal inhalation risk modeling using 
allowable emissions data, as shown in Table 3 of this preamble, 
indicate that the maximum individual cancer risk based on allowable 
emissions (lifetime) is 30-in-1 million (driven by naphthalene and 
ethyl benzene), and the maximum chronic noncancer TOSHI value based on 
allowable emissions is 1 (driven by antimony). At proposal, the total 
annual cancer incidence (national) from these facilities based on 
allowable emissions was estimated to be 0.01 excess cancer cases per 
year, or one case in every 100 years.
    The maximum individual cancer risk (lifetime) for the whole 
facility was determined to be 100-in-1 million at proposal (driven by 
nickel from welding operations). The maximum facility-wide TOSHI for 
the source category was estimated to be 1 (driven by emissions of 
cobalt from a gel coating operation). At proposal, the total estimated 
cancer incidence from the whole facility was determined to be 0.04 
excess cancer cases per year, or one excess case in every 25 years.
    Three PB-HAP are emitted by facilities in the source category: 
Arsenic, cadmium, and lead. The PB-HAP emissions from these facilities 
did not exceed the Tier 1 multipathway screening value of 1 for cancer 
or noncancer. In evaluating the potential for multipathway effects from 
emissions of lead, we compared modeled annual lead concentrations to 
the NAAQS for lead of 0.15 mg/m\3\, arithmetic mean concentration over 
a 3-month period). The highest annual average lead concentration of 
0.059 mg/m\3\ is below the NAAQS level for lead, indicating a low 
potential for multipathway impacts of concern due to lead even assuming 
a shorter averaging period is analyzed. Based on this evaluation, we 
proposed that there is no significant potential for human health multi-
pathway risks as a result of HAP emissions from this source category. 
Four environmental HAP are emitted by facilities in this source 
category: Arsenic, cadmium, lead and HCl. Therefore, at proposal, we 
conducted a screening-level evaluation of the potential adverse 
environmental effects associated with emissions of arsenic, cadmium, 
lead, and HCl for the MMPP source category. Based on this evaluation, 
we proposed that we do not expect an adverse environmental effect as a 
result of HAP emissions from this source category.
    We weighed all health risk factors, including those shown in Table 
3 of this preamble, in our risk acceptability determination and 
proposed that the residual risks from the Surface Coating of MMPP 
source category are acceptable (section IV.B.2.a of proposal preamble, 
84 FR 58967, November 1, 2019).
    We then considered whether 40 CFR part 63, subpart MMMM provides an 
ample margin of safety to protect public health. In considering whether 
the standards should be tightened to provide an ample margin of safety 
to protect public health, we considered the same risk factors that we 
considered for our acceptability determination and also considered the 
costs, technological feasibility, and other relevant factors related to 
emissions control options that might reduce risk associated with 
emissions from the source category. Based on our review (described in 
section IV.B of this preamble), we identified and evaluated the use of 
add-on control technologies for the rubber-to-metal bonding and high-
performance coating subcategories.
    We determined that the added costs and cost effectiveness for these 
two coating subcategories ($9,500 per ton of HAP reduced for the 
rubber-to-metal bonding subcategory and $11,700 per ton for the high-
performance coating subcategory) are not justified. We proposed that 
these costs are unreasonable particularly because the risks are already 
low, and the risks would not be reduced in a meaningful manner by the 
control of these subcategories. Six facilities in the high-performance 
subcategory had a cancer risk above 1-in-1 million. The cancer risk for 
only one of these facilities would be reduced as a result of the add-on 
controls evaluated, going from 6-in-1 million to 2-in-1 million (based 
on actual emissions) because the facility would be required to reduce 
emissions. Only one facility in the rubber-to-metal bonding subcategory 
had a cancer risk above 1-in-1 million. The cancer risk for this 
facility would not be reduced as a result of the add-on controls 
evaluated because the facility is able to use averaging between the 
general-use subcategory and the rubber-to-metal bonding subcategory to 
meet the general-use emission limit and would not have to reduce 
emissions. Therefore, we proposed that additional emissions controls 
for this source category are not necessary to provide an ample margin 
of safety (section IV.B.2.b of proposal preamble, 84 FR 58968, November 
1, 2019). Of the 40 facilities in the high-performance subcategory, 
there were six with cancer risk above 1-in-1 million. The cancer risk 
for only one of these facilities would be reduced as a result of the 
add-on controls evaluated, going from 6-in-1 million to 2-in-1 million 
(based on actual emissions). Of the 16 facilities in the rubber-to-
metal bonding subcategory, only one had cancer risk

[[Page 41112]]

above 1-in-1 million. The cancer risk for this facility would not be 
reduced as a result of the add-on controls evaluated.
c. Surface Coating of PPP (40 CFR part 63, subpart PPPP) Source 
Category
    Pursuant to CAA section 112(f)(2), the EPA conducted a residual 
risk review and presented the results of this review, along with our 
proposed decisions regarding risk acceptability and ample margin of 
safety, in the November 1, 2019, proposed action for 40 CFR part 63, 
subpart PPPP (84 FR 58976). The results of the risk assessment for the 
proposal are presented briefly below in Table 4 of this preamble. More 
detail is in the residual risk technical support document, Residual 
Risk Assessment for the Surface Coating of PPP Source Category in 
Support of the 2019 Risk and Technology Review Proposed Rule, available 
in the PPP Docket.

                                   Table 4--Surface Coating of PPP Source Category Inhalation Risk Assessment Results
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Maximum individual     Estimated population      Estimated annual         Maximum chronic
                                      cancer risk  (in 1     at  increased risk of     cancer  incidence      noncancer TOSHI 1
                                           million)            cancer  >= 1-in-1       (cases per year)
                                   ------------------------         million        ------------------------------------------------   Maximum screening
          Risk assessment                                  ------------------------                                                 acute noncancer HQ 2
                                     Based on    Based on    Based on    Based on    Based on    Based on    Based on    Based on
                                      actual     allowable    actual     allowable    actual     allowable    actual     allowable
                                     emissions   emissions   emissions   emissions   emissions   emissions   emissions   emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Category...................          10          10         600         700       0.001       0.001           1           1  HQREL = 4.
Whole Facility....................          70  ..........      29,000  ..........       0.006  ..........           1  ..........  ....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The TOSHI is the sum of the chronic noncancer HQ for substances that affect the same target organ or organ system.
\2\ The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop HQ values (HQREL = HQ reference
  exposure level).

    The results of the proposal inhalation risk modeling using actual 
emissions data, as shown in Table 4 of this preamble, indicate that the 
maximum individual cancer risk based on actual emissions (lifetime) is 
10-in-1 million (driven by formaldehyde, naphthalene, and ethyl benzene 
from coating operations), the maximum chronic noncancer TOSHI value 
based on actual emissions is 1 (driven by hexamethylene-1,6-
diisocyanate from coating operations), and the maximum screening acute 
noncancer HQ value (off-facility site) could be up to 4 (driven by 
glycol ethers). At proposal, the total annual cancer incidence 
(national) from these facilities based on actual emission levels was 
estimated to be 0.001 excess cancer cases per year, or one case in 
every 1,000 years.
    The results of the proposal inhalation risk modeling using 
allowable emissions data, as shown in Table 4 of this preamble, 
indicate that the maximum individual cancer risk based on allowable 
emissions (lifetime) is 10-in-1 million (driven by formaldehyde, 
naphthalene, and ethyl benzene), and the maximum chronic noncancer 
TOSHI value based on allowable emissions is 1 (driven by hexamethylene-
1,6-diisocyanate from coating operations). At proposal, the total 
annual cancer incidence (national) from these facilities based on 
allowable emissions was estimated to be 0.001 excess cancer cases per 
year, or one case in every 1,000 years.
    The maximum individual cancer risk (lifetime) for the whole 
facility was determined to be 70-in-1 million at proposal (driven by 
nickel and formaldehyde from a co-located boiler). The maximum 
facility-wide TOSHI for the source category was estimated to be 1 
(driven by emissions of nickel and formaldehyde from a co-located 
boiler). At proposal, the total estimated cancer incidence from the 
whole facility was determined to be 0.006 excess cancer cases per year, 
or one excess case in every 200 years.
    No PB-HAP are emitted by facilities in this source category; 
therefore, at proposal we did not estimate any human health multi-
pathway risks from this source category. No environmental HAP are 
emitted by facilities in this source category; therefore, we proposed 
that we do not expect an adverse environmental effect as a result of 
HAP emissions from this source category.
    We weighed all health risk factors, including those shown in Table 
4 of this preamble, in our risk acceptability determination and 
proposed that the residual risks from the Surface Coating of PPP source 
category are acceptable (section IV.C.2.a of proposal preamble, 84 FR 
58977, November 1, 2019).
    We then considered whether 40 CFR part 63, subpart PPPP provides an 
ample margin of safety to protect public health. In considering whether 
the standards should be tightened to provide an ample margin of safety 
to protect public health, we considered the same risk factors that we 
considered for our acceptability determination and also considered the 
costs, technological feasibility, and other relevant factors related to 
emissions control options that might reduce risk associated with 
emissions from the source category. Based on our review at proposal 
(described in section IV.B of this preamble), we did not identify any 
measures to further reduce HAP. Therefore, we proposed that additional 
emissions controls for this source category are not necessary to 
provide an ample margin of safety (section IV.C.2.b of proposal 
preamble, 84 FR 58978, November 1, 2019).
2. How did the risk reviews change since proposal?
    We have not changed any aspect of the risk assessments for any of 
the three source categories as a result of public comments received on 
the November 1, 2019, proposal for any of the three source categories.
3. What key comments did we receive on the risk reviews, and what are 
our responses?
    We received comments in support of and against the proposed 
residual risk reviews and our determinations that no revisions were 
warranted under CAA section 112(f)(2) for all three source categories. 
Generally, the comments that were not supportive of the determination 
from the risk reviews suggested changes to the underlying risk 
assessment methodology. For example, some commenters stated that the 
EPA should lower the acceptability benchmark so that risks below 100-
in-1 million are unacceptable, include emissions outside of the source 
categories in question in the risk assessment, and assume that 
pollutants with noncancer health risks have no safe level of exposure. 
After review of all the comments received, we determined that no 
changes to our Science Advisory Board-approved review process were 
necessary. The comments and our specific responses can be found in the 
document,

[[Page 41113]]

Summary of Public Comments and Responses for the Risk and Technology 
Reviews for Surface Coating Automobiles and Light-Duty Trucks, Surface 
Coating of Miscellaneous Metal Parts and Products, and Surface Coating 
of Plastic Parts and Products, available in the dockets for this action 
(Docket ID Nos. EPA-HQ-OAR-2019-0312, EPA-HQ-OAR-2019-0313, and EPA-HQ-
OAR-2019-0314).
4. What is the rationale for our final approach and final decisions for 
the risk reviews?
    As noted in our proposal, the EPA sets standards under CAA section 
112(f)(2) using ``a two-step standard-setting approach, with an 
analytical first step to determine an `acceptable risk' that considers 
all health information, including risk estimation uncertainty, and 
includes a presumptive limit on the maximum individual risk (MIR) of 
approximately 1-in-10 thousand'' (see 54 FR 38045, September 14, 1989). 
We weigh all health risk factors in our risk acceptability 
determination, including the cancer MIR, cancer incidence, the maximum 
cancer TOSHI, the maximum acute noncancer HQ, the extent of noncancer 
risks, the distribution of cancer and noncancer risks in the exposed 
population, and the risk estimation uncertainties.
    Since proposal, neither the quantitative risk assessment nor our 
determinations regarding risk acceptability, ample margin of safety, or 
adverse environmental effects have changed. For the reasons explained 
in the proposed rule and above, we find that the risks from the Surface 
Coating of ALDT, Surface Coating of MMPP, and Surface Coating of PPP 
source categories are acceptable, and the current standards provide an 
ample margin of safety to protect public health and prevent an adverse 
environmental effect. Therefore, we are not revising any of these three 
subparts to require additional controls pursuant to CAA section 
112(f)(2) based on the residual risk review, and we are maintaining the 
existing standards under CAA section 112(f)(2).

B. Technology Reviews

1. What did we propose pursuant to CAA section 112(d)(6)?
    Based on our review, we did not identify any developments in 
practices, processes, or control technologies for the Surface Coating 
of ALDT source category, and, therefore, we did not propose any changes 
to the standards under CAA section 112(d)(6). A brief summary of the 
EPA's findings in conducting the technology review of ALDT surface 
coating operations was included in the preamble to the proposed action 
(84 FR 58957, November 1, 2019). For a detailed discussion of the EPA's 
findings, refer to the memorandum, Technology Review for Surface 
Coating Operations in the Automobiles and Light-Duty Trucks Source 
Category, June 2019, in the ALDT Docket.
    In our technology review of the Surface Coating of MMPP source 
category, we identified and evaluated the use of add-on control 
technologies (e.g., regenerative thermal oxidizers) for two coating 
subcategories, high-performance coating and rubber-to-metal coating, 
that had not been previously considered during development of the MMPP 
NESHAP. This analysis is described in detail in the preamble to the 
proposed action (84 FR 58969, November 1, 2019). However, we determined 
that the added costs and cost effectiveness for these two coating 
subcategories ($9,500 per ton of HAP reduced for the rubber-to-metal 
coating subcategory and $11,700 per ton for the high-performance 
subcategory) were not justified. Aside from this, we did not identify 
any new or improved process equipment, work practices, or procedures 
that would further reduce emissions. Therefore, the EPA proposed no 
revisions to the MMPP NESHAP pursuant to CAA section 112(d)(6). For a 
detailed discussion of the EPA's findings, refer to the MMPP Technology 
Review Memo in the MMPP Docket.
    Based on our review, we did not identify any developments in 
practices, processes, or control technologies for the Surface Coating 
of PPP source category, and, therefore, we did not propose any changes 
to the standards under CAA section 112(d)(6). A brief summary of the 
EPA's findings in conducting the technology review of plastic parts 
surface coating operations was included in the preamble to the proposed 
action (84 FR 58978, November 1, 2019). For a detailed discussion of 
the EPA's findings, refer to the memorandum, Technology Review for the 
Plastic Parts and Products Surface Coating Operations Source Category, 
June 2019, in the PPP Docket.
2. How did the technology reviews change since proposal?
    We are making no changes to the conclusions of the technology 
review and are finalizing the results of the technology reviews for the 
Surface Coating of ALDT, Surface Coating of MMPP, and Surface Coating 
of PPP source categories as proposed.
3. What key comments did we receive on the technology reviews, and what 
are our responses?
    We received several general comments supporting the results of our 
technology reviews for all three source categories and one comment 
objecting to our conclusion that there have been no technology 
developments in these three source categories.
    Comment: One commenter alleged that the EPA has failed to meet the 
statutory obligation to conduct a technology review under CAA section 
112(d)(6). The commenter argued that the EPA has refused to complete 
the technology review by refusing to strengthen the emission standards 
for regulated pollutants based primarily on cost or cost effectiveness. 
The commenter argued that CAA section 112(d)(6) does not include that 
term ``cost effectiveness,'' and so the EPA's proposed action on the 
technology review is unlawful and arbitrary.
    Response: The EPA disagrees with the commenter that cost 
effectiveness cannot be considered in the technology reviews. CAA 
section 112(d)(6) does include the phrase ``as necessary'' and the EPA 
interprets ``as necessary'' to include a cost component, such as cost 
effectiveness. The EPA's interpretation that cost and cost 
effectiveness may be considered in technology reviews was affirmed by 
the Court in Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 
667 (DC Cir. 2013).\3\ Therefore, the technology review for the Surface 
Coating of MMPP source category completed at proposal is not being 
revised based on this comment.
---------------------------------------------------------------------------

    \3\ See Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 
667 (DC Cir. 2013), p. 673: Environmental petitioners next argue 
that the EPA impermissibly considered cost in revising emissions 
standards under CAA section 112(d)(6). But the statute only bars 
cost consideration in setting MACT floors under CAA section 
112(d)(3), see National Lime, 233 F.3d at 640; CAA section 112(d)(2) 
in contrast expressly directs the EPA to consider costs when setting 
beyond-the-floor standards, see 42 U.S.C. 7412(d)(2) (directing the 
Administrator to ``tak[e] into consideration the cost of achieving . 
. . emission reduction''). Petitioners are correct that CAA section 
112(d)(6) itself makes no reference to cost and that the Supreme 
Court has ``refused to find implicit in ambiguous sections of the 
[CAA] an authorization to consider costs that has elsewhere, and so 
often, been expressly granted.'' Whitman v. American Trucking 
Associations, Inc., 531 U.S. 457, 467, 121 S. Ct. 903, 149 L.Ed.2d 1 
(2001). But given that the EPA has no obligation to recalculate the 
MACT floor when revising standards, see supra at 672-73, and given 
that CAA section 112(d)(2) expressly authorizes cost consideration 
in other aspects of the standard-setting process, we believe this 
clear statement rule is satisfied.

---------------------------------------------------------------------------

[[Page 41114]]

4. What is the rationale for our final approach and final decisions for 
the technology reviews?
    For the reasons explained in the preamble to the proposed rules (84 
FR 58597, 58969, and 58978, November 1, 2019), and in our analysis of 
public comments explained above in section IV.B.3 of this preamble, we 
are making no changes to any of the three subparts to require 
additional controls pursuant to CAA section 112(d)(6) and are 
finalizing the results of the technology reviews as proposed.

C. Electronic Reporting Provisions

1. What did we propose?
    In the November 1, 2019, document, we proposed to require owners 
and operators of surface coating facilities in all three source 
categories to submit electronic copies of notifications, reports, and 
performance tests through the EPA's CDX, using the CEDRI. These include 
the initial notifications required in 40 CFR 63.9(b); notifications of 
compliance status required in 40 CFR 63.9(h); the performance test 
reports required in 40 CFR 63.7(g); and the semiannual reports required 
in 40 CFR 63.3120(a) for ALDT surface coating, 40 CFR 63.3920(a) for 
MMPP surface coating, and 40 CFR 63.4520(a) for PPP surface coating. A 
description of the electronic submission process is provided in the 
memorandum, Electronic Reporting Requirements for New Source 
Performance Standards (NSPS) and National Emission Standards for 
Hazardous Air Pollutants (NESHAP), August 8, 2018, in the ALDT, MMPP, 
and PPP Dockets. The proposed rule requirements would replace the 
current rule requirements to submit the notifications and reports to 
the Administrator at the appropriate address listed in 40 CFR 63.13. 
The proposed rule requirement would not affect submittals required by 
state air agencies.
2. What changed since proposal?
    We are finalizing the electronic reporting provisions as proposed 
with no changes (84 FR 58958, 58970, and 58979, November 1, 2019).
3. What key comments did we receive and what are our responses?
    Comment: Several commenters requested that additional opportunity 
should be provided for public review and comment of the electronic 
reporting templates before they are final and facilities are required 
to use them for electronic reporting. One commenter also requested that 
the EPA provide a notice and comment period through a Federal Register 
document for all future changes in reporting templates because many 
industry members do not track changes to the CEDRI website where the 
EPA intends to make future template changes. The commenter argued that 
this would be consistent with the requirements of both the CAA and the 
Administrative Procedures Act (APA) because, the commenter argues, the 
development of the reporting template constitutes a rulemaking action.
    Response: The EPA disagrees that changes to the electronic 
reporting template constitute a rulemaking because the reporting 
template does not create new requirements, but instead, provides the 
mechanism by which the sources report the information required to be 
submitted pursuant to the underlying NESHAP.
    The EPA promulgated the original MACT emissions standards and 
attendant monitoring, recordkeeping, and reporting requirements through 
notice and comment rulemaking, but the sources were not required to 
submit reports via electronic reporting at the time. The EPA is moving 
toward electronic reporting for all NESHAP and proposed to require 
electronic reporting for these source categories along with the RTR 
rulemaking. The electronic reporting template is the tool by which the 
sources will enter their required reports and data to CEDRI to comply 
with the NESHAP, but it does not establish, in itself, any 
requirements, including monitoring, recordkeeping, and reporting 
requirements. Any future revisions to the underlying NESHAP's 
monitoring, recordkeeping, and reporting requirements will be made 
through a proposed rulemaking that will be published in the Federal 
Register; thereby giving the public notice and an opportunity to 
comment. The changes to reporting templates, by contrast, are merely 
changes that are necessary to allow owners/operators to successfully 
submit reports (e.g., resolving issues with template cells that are not 
properly formatted, unlocking inadvertently locked cells, and 
correcting regulatory citations). The EPA disagrees that the APA and 
the CAA require such changes undergo notice and comment rulemaking in 
the Federal Register.
    We also note that if the reporting templates for these subparts are 
completed concurrently with the final rule publication, facilities will 
have 1 year after the final rule is published to submit semiannual 
compliance reports using the electronic reporting template in CEDRI. If 
the reporting templates are not finalized concurrently with the final 
rule publication, facilities will be required to submit semiannual 
compliance reports using the electronic reporting template in CEDRI 
once the reporting template has been available on the CEDRI website for 
one year. The dates that templates are initially made available in 
CEDRI are listed on the CEDRI website.
4. What is the rationale for our final approach for the electronic 
reporting provisions?
    For the reasons explained in the preamble to the proposed rules (84 
FR 58958, 58970, and 58979, November 1, 2019), and in the comment 
responses above in section IV.C.3 of this preamble, we are finalizing 
the electronic reporting provisions for 40 CFR parts 63, subparts IIII, 
MMMM, and PPPP, as proposed.

D. SSM Provisions

1. What did we propose?
    In the November 1, 2019, action, we proposed amendments to the ALDT 
NESHAP, the MMPP NESHAP, and the PPP NESHAP to remove and revise 
provisions related to SSM that are not consistent with the statutory 
requirement that the standards apply at all times. More information 
concerning the elimination of SSM provisions is in the preamble to the 
proposed rules (84 FR 58959, 58971, and 58980, November 1, 2019).
2. What changed since proposal?
    We are finalizing the SSM provisions as proposed except for some 
changes to the General Provisions references in Table 2 of 40 CFR part 
63, subpart IIII (84 FR 58959, 58971, and 58980, November 1, 2019).
3. What key comments did we receive and what are our responses?
    Comment: One commenter argued that the proposed removal and 
revision of the SSM provisions would effectively eliminate a 
longstanding provision applicable to magnet wire coating operations 
that allows for extra HAP emissions during SSM events, so long as the 
permittee addresses those events according to its facility SSM plan. 
The commenter acknowledged that the EPA is compelled to take this 
action by the decision in Sierra Club v. EPA, 551 F.3d 1019 (DC Cir. 
2008), but the commenter reported that certain facilities now are 
challenged to find a methodology for emission calculations during SSM 
periods.
    The commenter reported that magnet wire coaters--unless advised of 
an alternative approach--would account for SSM events in emission 
calculations by weighing coating hours in full compliance (with control 
percentage

[[Page 41115]]

determined through stack testing) v. coating hours during start-up, 
shutdown, and malfunction periods, where the default assumption during 
the latter is zero control. The commenter stated that the weighted 
efficiency ratio would then be applied to the total mass of HAP input 
to surface coating operations to determine estimated emissions.
    Response: The EPA agrees we are compelled to remove and revise the 
SSM provisions from each subpart consistent with Sierra Club v. EPA, 
551 F.3d 1019 (DC Cir. 2008).
    The commenter has not provided enough detail for the EPA to 
determine whether the compliance approach described by the commenter is 
consistent with the current requirements of 40 CFR part 63, subpart 
MMMM. However, subpart MMMM already includes provisions to account for 
deviation periods, so the commenter's proposed approach should not be 
necessary. For example, for coating operations that use an add-on 
control device, Equation 1 of 40 CFR 63.3961 includes the term 
HUNC, which is the total mass in kilograms of organic HAP in 
the coatings, thinners, and/or other additives, and cleaning materials 
used during all deviations specified in 40 CFR 63.3963(c) and (d) that 
occurred during the month, as calculated in Equation 1D of 40 CFR 
63.3961. The rest of subpart MMMM treats these HAP as being 
uncontrolled, which is consistent with the commenter's assumption of 
zero control during SSM events.
    Comment: One commenter recommended several changes to Table 2 
(Applicability of General Provisions) to 40 CFR part 63, subpart IIII, 
as result of the changes made to reflect the SSM changes:
     Clarify that the provisions of 40 CFR 63.6(e)(3), 
63.6(f)(1), 63.10(b)(2), and 63.10(d)(5) apply only to capture systems 
and add-on control devices used to comply with the standards, as in the 
current rule;
     correct an apparent drafting error and add back in a 
reference to 40 CFR 63.6(i)(16) with an indicator that it is still 
applicable to 40 CFR part 63, subpart IIII;
     do not finalize the applicability of 40 CFR 63.8(c)(7) 
from ``No'' to ``Yes'' unless the EPA provides further explanation of 
this change because it was not discussed in the preamble to the 
proposed rule; and
     combine the provisions of 40 CFR 63.9(h)(5) and (6) with 
the other notification of compliance status requirements in 40 CFR 
63.9(h)(1) through (3).
    Response: We agree with the commenter that the language indicating 
that the provisions of 40 CFR 63.6(e)(3), 63.6(f)(1), 63.10(b)(2), and 
63.10(d)(5) apply only to capture systems and add-on control devices 
used to comply with the standards is a useful clarification and it is 
being added back into the appropriate rows of Table 2 to 40 CFR part 
63, subpart IIII suggested by the commenter.
    The commenter is correct that 40 CFR 63.6(i)(16) is still 
applicable to 40 CFR part 63, subpart IIII and this has been added back 
into the final Table 2 to subpart IIII.
    We proposed to change the applicability of 40 CFR 63.8(c)(7) in 
Table 2 to 40 CFR part 63, subpart IIII from ``No'' to ``Yes'' because 
that was an apparent error in the original Table 2 to subpart IIII. 
Facilities are required to comply with 40 CFR 63.8(c)(7) as specified 
in 40 CFR 63.3120(a)(4), and the Table 2 to subpart IIII should already 
have been ``Yes'' instead of ``No.'' New references to 40 CFR 
63.8(c)(7) are also being added in 40 CFR 63.3120(a)(6)(vii) and 
(a)(8)(vi).
    We agree with the commenter that the provisions of 40 CFR 
63.9(h)(5) and (6) should be combined with the other notification of 
compliance status requirements in 40 CFR 63.9(h)(1) through (3). The 
provisions of 40 CFR 63.9(h)(5) and (6) were separated in drafting the 
revised table because 40 CFR 63.9(h)(4) is reserved, but we agree that 
keeping them together on one line as ``Sec.  63.9(h)(1) through (3), 
(5), and (6)'' would avoid confusion, so we are adopting that approach 
in the promulgated version of Table 2 to 40 CFR part 63, subpart IIII.
4. What is the rationale for our final approach for the SSM provisions?
    For the reasons explained in the proposed rule and after evaluation 
of the comments on the proposed amendments to the SSM provisions for 
the ALDT NESHAP, MMPP NESHAP, and PPP NESHAP, we are finalizing the 
proposed revisions related to SSM so that they are now consistent with 
the requirement that the standards apply at all times. More information 
concerning the proposed amendments to the SSM provisions is in the 
preamble to the proposed rules (84 FR 58959, 58971, and 58980, November 
1, 2019).

E. Ongoing Compliance Demonstrations

1. What did we propose?
    In the November 1, 2019, action, we proposed to require owners and 
operators of ALDT, MMPP, and PPP surface coating facilities that use 
the emission rate with add-on controls compliance option to conduct 
periodic performance testing of add-on control devices on a regular 
frequency of every 5 years to ensure the equipment continues to operate 
properly. This proposed periodic testing requirement included an 
exception to the general requirement for periodic testing for 
facilities using the catalytic oxidizer control options and following 
catalyst maintenance procedures that are found in 40 CFR part 63, 
subparts IIII, MMMM, and PPPP. These catalyst maintenance procedures 
include annual testing of the catalyst and other maintenance procedures 
that provide ongoing demonstrations that the control system is 
operating properly and may, thus, be considered comparable to 
conducting a performance test. The proposed periodic performance 
testing requirement also allows an exception from periodic testing for 
facilities using continuous emission monitoring systems (CEMS) to show 
actual emissions. The use of CEMS to demonstrate compliance would 
obviate the need for periodic testing.
    This proposed requirement did not require periodic testing or CEMS 
monitoring of facilities using the compliant materials option or the 
emission-rate without add-on controls compliance option because these 
two compliance options do not use any add-on controls or control 
efficiency measurements in the compliance calculations.
    The proposed periodic performance testing requirement requires 
facilities complying with the standards using emission capture systems 
and add-on controls and which are not already on a 5-year testing 
schedule to conduct the first of the periodic performance tests within 
3 years of the effective date of the revised standards. Afterward, they 
would conduct periodic testing before they renew their operating 
permits, but no longer than 5 years following the previous performance 
test. Additionally, facilities that have already tested as a condition 
of their permit within the last 2 years before the effective date would 
be permitted to maintain their current 5-year schedule.
2. What changed since proposal?
    We have revised the proposed periodic testing language in 40 CFR 
part 63, subparts IIII, MMMM, and PPPP, since proposal to clarify that 
testing is only required for add-on control devices and is not for 
emission capture systems. We are also revising 40 CFR 63.3093(a) to 
clarify that facilities in the ALDT source category are not required to 
meet any operating limits for any coating

[[Page 41116]]

operations that do not use add-on controls to comply with the emission 
limits in 40 CFR 63.3090 or 63.3091.
3. What key comments did we receive and what are our responses?
    Comment: One commenter recommended that proposed rule language at 
40 CFR 63.3163(c)(3) in subpart IIII should be revised to clarify that 
periodic performance testing is only required for the add-on control 
device and that capture system efficiency testing is not required. The 
commenter argued that the EPA provided no technical justification to 
require periodic capture efficiency testing, and that capture 
efficiency is not likely to change without structural or operational 
changes to the emission capture system.
    Response: The EPA agrees with the commenter and has revised the 
periodic performance testing language in 40 CFR part 63, subparts IIII, 
MMMM, and PPPP to clarify that the testing applies to the add-on 
control devices and does not include capture efficiency testing.
    Comment: One commenter requested that the final 40 CFR part 63, 
subpart IIII should clarify that timing of subsequent performance tests 
should be aligned with title V permit requirements for testing to avoid 
additional testing to comply with both the NESHAP and their title V 
permits. The commenter recommended that regulatory language should 
provide for periodic testing ``within the 5-year term of the Title V 
permit'' or ``within 5 years of the most recent testing,'' or something 
similar. The commenter stated that the EPA should not require testing 
within a specified time period from the issuance of the amended rule or 
by a specific date.
    Response: The EPA disagrees with the commenter that changes to the 
proposed rule language are needed because the proposed rule language 
already allows this flexibility. The proposed rule language at 40 CFR 
63.3163(c)(3) stated,

``. . . You must conduct the first periodic performance test before 
[date 3 years after date of publications of final rule in the 
Federal Register], unless you are already required to complete 
periodic performance tests as a requirement of renewing your 
facility's operating permit under 40 CFR part 70 or 40 CFR part 71 
and have conducted a performance test on or after [date 2 years 
before date of publications of final rule in the Federal Register]. 
Thereafter you must conduct a performance test no later than 5 years 
following the previous performance test. . . .''

    Therefore, the proposed rule language already allows a facility to 
conduct a performance test within the 5-year period of a title V permit 
if testing is already required, and does not specify any additional 
testing, as long as the title V permit is renewed on a regular 5-year 
schedule as specified under 40 CFR part 70 and 40 CFR part 71.
    Comment: One commenter requested that the EPA should allow for 
performance testing extensions beyond the 5-year requirement when 
necessary to obtain representative conditions and when agreed to with 
the EPA or with an EPA-approved permitting authority. The commenter 
argued that if, for example, significant coating operation facility 
changes or product changes are planned near the end of a 5-year period, 
deferring testing until after the change occurs would be preferable to 
obtain a more representative result. The commenter noted that the 
General Provisions currently allow for delays in performance tests due 
to force majeure events or a waiver of subsequent performance tests 
under certain conditions, but the General Provisions do not 
specifically reference testing delays due to the need to establish 
representative conditions. The commenter provided two examples of 
permit language that allow for extensions of testing periods.
    Response: The EPA disagrees with the need to allow for testing 
delays and is not revising the proposed language to include the 
commenter's recommendation. The compliance calculations in 40 CFR part 
63, subparts IIII, MMMM, and PPPP require a facility to use the organic 
HAP destruction or removal efficiency (DRE) of the add-on control 
device. The standards already require that tests be performed under 
representative coating operation operating conditions and under 
representative emission capture system and add-on control device 
operating conditions, which specifically exclude testing during periods 
of startup, shutdown, nonoperation, and malfunction. The EPA currently 
does not have sufficient information to define the conditions under 
which an extension should be granted, and no additional information was 
provided by the commenter. The commenter also provided no additional 
information to indicate whether and how the situations described by the 
commenter (e.g., significant coating operation changes or product 
changes) would alter the DRE of an add-on control device.
    The EPA also notes that the purpose of periodic compliance testing 
is to not only demonstrate future compliance, but to also confirm past 
compliance. If a facility is planning significant changes that would 
prevent testing according to the 5-year schedule, the facility may need 
to complete testing earlier so as to demonstrate that the facility was 
in compliance under the original configuration. It may be necessary for 
the facility to repeat testing under the new configuration to re-
establish new operating limits and efficiency values for the emission 
capture and control system.
    Comment: One commenter requested that the EPA revise 40 CFR 
63.3093(a) to clarify that facilities in the ALDT source category that 
do not use add-on controls to comply with the emission limits in 40 CFR 
63.3090 or 63.3091 are not required to comply with the operating limits 
for add-on controls and emission capture systems. The commenters 
reported that the original language in 40 CFR 63.3093(a) only mentioned 
``coating operations without add-on controls'' and this has led to 
confusion because many facilities have add-on controls to limit VOC 
emissions, but they are not needed to comply with the HAP emission 
limits.
    Response: The EPA agrees that this change will avoid confusion and 
we will make the change to the language in 40 CFR part 63, subpart 
IIII. Other surface coating NESHAP, such as 40 CFR part 63, subparts 
MMMM and PPPP, already have language that avoids similar confusion over 
the applicability of the operating limits.
4. What is the rationale for our final approach for the ongoing 
compliance demonstrations?
    For the reasons explained in the preamble to the proposed rules (84 
FR 58963, 58974, and 58983, November 1, 2019), and in the comment 
responses above in section IV.E.3 of this preamble, we are finalizing 
the periodic testing provisions for 40 CFR part 63, subparts IIII, 
MMMM, and PPPP, as proposed. As also described in section IV.E.3 of 
this preamble, we are also making changes to each NESHAP to clarify 
that testing is only required for add-on control devices and is not 
required for emission capture systems. We are also revising 40 CFR 
63.3093(a) to clarify that facilities in the ALDT source category are 
not required to meet any operating limits for any coating operations 
that do not use add-on controls to comply with the emission limits in 
40 CFR 63.3090 or 63.3091, as described in section IV.E.3 of this 
preamble.

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

A. What are the affected facilities?

    Currently, we estimate 43 major source facilities are subject to 
the ALDT NESHAP and operating in the United

[[Page 41117]]

States. The affected source under the NESHAP is the collection of all 
coating operations; all storage containers and mixing vessels in which 
coatings, thinners, and cleaning materials are stored or mixed; all 
manual and automated equipment and containers used for conveying 
coatings, thinners, and cleaning materials; and all storage containers 
and all manual and automated equipment and containers used for 
conveying waste materials generated by a coating operation. A coating 
operation is defined as the equipment used to apply coating to a 
substrate (coating application) and to dry or cure the coating after 
application. A single coating operation always includes at least the 
point at which a coating is applied and all subsequent points in the 
affected source where organic HAP emissions from that coating occur. 
There may be multiple coating operations in an affected source. Coating 
application with hand-held nonrefillable aerosol containers, touchup 
bottles, touchup markers, marking pens, or pinstriping equipment is not 
a coating operation for the purposes of this subpart. The application 
of temporary materials such as protective oils and ``travel waxes'' 
that are designed to be removed from the vehicle before it is delivered 
to a retail purchaser is not a coating operation for the purposes of 40 
CFR part 61, subpart IIII.
    Currently, we estimate 368 major source facilities are subject to 
the MMPP NESHAP and operating in the United States. The affected source 
under the NESHAP is the collection of all coating operations; all 
storage containers and mixing vessels in which coatings, thinners, and 
cleaning materials are stored or mixed; all manual and automated 
equipment and containers used for conveying coatings, thinners, and 
cleaning materials; and all storage containers and all manual and 
automated equipment and containers used for conveying waste materials 
generated by a coating operation. A coating operation is defined as the 
equipment used to apply cleaning materials to a substrate to prepare it 
for coating application (surface preparation) or to remove dried 
coating; to apply coating to a substrate (coating application) and to 
dry or cure the coating after application; or to clean coating 
operation equipment (equipment cleaning). A single coating operation 
may include any combination of these types of equipment but always 
includes at least the point at which a given quantity of coating or 
cleaning material is applied to a given part and all subsequent points 
in the affected source where organic HAP are emitted from the specific 
quantity of coating or cleaning material on the specific part. There 
may be multiple coating operations in an affected source. Coating 
application with handheld, non-refillable aerosol containers, touch-up 
markers, or marking pens is not a coating operation for the purposes of 
40 CFR part 63, subpart MMMM.
    Currently, we estimate 125 major source facilities are subject to 
the PPP NESHAP and operating in the United States. The affected source 
under the NESHAP is the collection of coating operations; all storage 
containers and mixing vessels in which coatings, thinners, and cleaning 
materials are stored or mixed; all manual and automated equipment and 
containers used for conveying coatings, thinners, and cleaning 
materials; and all storage containers and all manual and automated 
equipment and containers used for conveying waste materials generated 
by a coating operation. A coating operation is defined as the equipment 
used to apply cleaning materials to a substrate to prepare it for 
coating application (surface preparation) or to remove dried coating; 
to apply coating to a substrate (coating application) and to dry or 
cure the coating after application; or to clean coating operation 
equipment (equipment cleaning). A single coating operation may include 
any combination of these types of equipment but always includes at 
least the point at which a given quantity of coating or cleaning 
material is applied to a given part and all subsequent points in the 
affected source where organic HAP are emitted from the specific 
quantity of coating or cleaning material on the specific part. There 
may be multiple coating operations in an affected source. Coating 
application with handheld, non-refillable aerosol containers, touch-up 
markers, or marking pens is not a coating operation for the purposes of 
40 CFR part 63, subpart PPPP.

B. What are the air quality impacts?

    At the current level of control, estimated emissions of volatile 
organic HAP from the 43 facilities in the ALDT source category are 
approximately 1,700 tpy. Current estimated emissions of volatile 
organic HAP from the 368 facilities in the MMPP source category are 
approximately 2,700 tpy. Current estimated emissions of volatile 
organic HAP from the 125 facilities in the PPP source category are 
approximately 760 tpy.
    The amendments require that all major sources in the ALDT, MMPP, 
and PPP source categories comply with the relevant emission standards 
at all times, including periods of SSM. We were unable to quantify the 
emissions that occur during periods of SSM or the specific emissions 
reductions that will occur as a result of this action. However, 
eliminating the SSM exemption has the potential to reduce emissions by 
requiring facilities to meet the applicable standard at all times and 
to minimize SSM periods.
    Indirect or secondary air emissions impacts are impacts that would 
result from, for example, the increased electricity, natural gas, or 
water usage associated with the operation of control devices (e.g., 
increased secondary emissions of criteria pollutants from power 
plants). Energy impacts consist of the electricity and steam needed to 
operate control devices and other equipment. The amendments would have 
no effect on the energy needs of the affected facilities in any of the 
three source categories and will, therefore, have no indirect or 
secondary air emissions impacts.

C. What are the cost impacts?

    We estimate that each affected facility in these three source 
categories will experience costs as a result of these final amendments 
for recordkeeping and reporting. Each facility will experience costs to 
read and understand the rule amendments. Costs associated with 
eliminating the SSM exemption were estimated as part of the reporting 
and recordkeeping costs and include time for re-evaluating previously 
developed SSM record systems. Costs associated with the requirement to 
electronically submit notifications and semi-annual compliance reports 
using CEDRI were estimated as part of the reporting and recordkeeping 
costs and include time for becoming familiar with CEDRI and the 
reporting template for semi-annual compliance reports. The 
recordkeeping and reporting costs are presented in section VI.C of this 
preamble.
    We are also finalizing a requirement for performance testing no 
less frequently than every 5 years for sources in each source category 
using the add-on controls compliance options. We estimate that five 
major source facilities subject to the ALDT NESHAP may incur costs to 
conduct periodic testing because they are currently using the emission 
rate with add-on controls compliance option, and the total cost for all 
five facilities subject to the ALDT NESHAP in a single year would be 
$95,000. Similarly, we estimate that seven major source facilities 
subject to the MMPP NESHAP may incur costs to conduct periodic testing 
because they

[[Page 41118]]

are currently using the emission rate with add-on controls compliance 
option, at a total cost in a single year of $133,000. Finally, we 
estimate that three major source facilities subject to the PPP NESHAP 
may incur costs to conduct periodic testing because they are currently 
using the emission rate with add-on controls compliance option, at a 
total cost in a single year of $57,000. These estimates exclude testing 
costs for facilities that have add-on controls and are currently 
required to perform periodic performance testing as a condition of 
their state operating permit. The cost for a facility to conduct a 
destruction or removal efficiency performance test using EPA Method 25 
or 25A is estimated to be about $19,000. For further information on the 
potential costs, see the memorandum titled Estimated Costs/Impacts 40 
CFR part 63 Subparts IIII, MMMM, and PPPP Monitoring Review Revisions, 
May 2019, in the ALDT Docket, MMPP Docket, and PPP Docket.

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers 
about the potential economic consequences of the compliance costs 
outlined in section VI.C. of this preamble. To assess the maximum 
potential impact, the largest cost expected to be experienced in any 
one year is compared to the total sales for the ultimate owner of the 
affected facilities to estimate the total burden for each facility.
    For the final revisions to the ALDT NESHAP, the total cost is 
estimated to be approximately $113,000 for the 43 affected entities in 
the first year of the rule, and an additional $122,000 in testing and 
reporting costs for five facilities in the third year of the rule and 
every 5 years thereafter. The 43 affected facilities are owned by 14 
different parent companies, and the total costs associated with the 
final requirements range from 0.000002 to 0.0056 percent of annual 
sales revenue per ultimate owner. These costs are not expected to 
result in a significant market impact, regardless of whether they are 
passed on to the purchaser or absorbed by the firms.
    For the final revisions to the MMPP NESHAP, the total cost is 
estimated to be approximately $964,000 for the 368 affected entities in 
the first year of the rule, and an additional $172,000 in testing and 
reporting costs for seven facilities in the third year of the rule and 
every 5 years thereafter. The 368 affected facilities are owned by 265 
different parent companies, and the total costs associated with the 
final requirements range from 0.000002 to 0.25 percent of annual sales 
revenue per ultimate owner. These costs are not expected to result in a 
significant market impact, regardless of whether they are passed on to 
the purchaser or absorbed by the firms.
    For the final revisions to the PPP NESHAP, the total cost is 
estimated to be approximately $327,000 for the 125 affected entities in 
the first year of the rule, and an additional $74,000 in testing and 
reporting costs for three facilities in the third year of the rule and 
every 5 years thereafter. The 125 affected facilities are owned by 94 
different parent companies, and the total costs associated with the 
final requirements range from 0.000008 to 0.22 percent of annual sales 
revenue per ultimate owner. These costs are not expected to result in a 
significant market impact, regardless of whether they are passed on to 
the purchaser or absorbed by the firms.
    The EPA also prepared a small business screening assessment to 
determine whether any of the identified affected entities are small 
entities, as defined by the U.S. Small Business Administration. One of 
the facilities potentially affected by the final revisions to the ALDT 
NESHAP is a small entity. However, the annualized costs associated with 
the final requirements is 0.0056 percent of annual sales revenue for 
the owner of that facility. Of the facilities potentially affected by 
the final revisions to the MMPP NESHAP, 110 are small entities. 
However, the annualized costs associated with the final requirements 
for the 103 ultimate owners of these 110 affected small entities range 
from 0.001 to 0.25 percent of annual sales revenues per ultimate owner. 
Of the facilities potentially affected by the final revisions to the 
PPP NESHAP, 35 are small entities. However, the annualized costs 
associated with the final requirements for the 35 ultimate owners of 
these 35 affected small entities range from 0.0009 to 0.22 percent of 
annual sales revenues per ultimate owner. Therefore, there are no 
significant economic impacts on a substantial number of small entities 
from these final amendments.

E. What are the benefits?

    As stated in section V.B. of the November 1, 2019, RTR proposal (84 
FR 58986), we were unable to quantify the specific emissions reductions 
associated with eliminating the SSM exemption, although this change has 
the potential to reduce emissions of volatile organic HAP.
    Because these amendments are not considered economically 
significant, as defined by Executive Order 12866, we did not monetize 
the benefits of reducing these emissions. This does not mean that there 
are no benefits associated with the potential reduction in volatile 
organic HAP from this rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. The order directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    To examine the potential for any environmental justice issues that 
might be associated with these source categories, we performed a 
demographic analysis for each source category, which is an assessment 
of risks to individual demographic groups of the populations living 
within 5 kilometers (km) and within 50 km of the facilities. In the 
analysis, we evaluated the distribution of HAP-related cancer and 
noncancer risks from each source category across different demographic 
groups within the populations living near facilities.
1. Surface Coating of ALDT
    The results of the demographic analysis for the Surface Coating of 
ALDT source category are summarized in Table 5 of this preamble. These 
results, for various demographic groups, are based on the estimated 
risk from actual emissions levels for the population living within 50 
km of the facilities.
    The results of the ALDT source category demographic analysis 
indicate that emissions from the source category expose approximately 
15,000 people to a cancer risk at or above 1-in-1 million and no one is 
exposed to a chronic noncancer HI greater than 1. The overall percent 
of the population that is minorities is similar nationally (38 percent) 
and for the category population with cancer risk greater than or equal 
to 1-in-1 million (40 percent). However, the category population with 
cancer risk greater than or equal to 1-in-1 million has a greater 
percent Hispanic population (27 percent) as compared to the national 
percent Hispanic population (18 percent).

[[Page 41119]]



               Table 5--Surface Coating of ALDT Source Category Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                                                    Population
                                                                                                   with chronic
                                                                        Population with cancer     noncancer HI
                                                  Nationwide           risk at or  above 1-in-1   above 1 due to
                                                                        million due to surface        surface
                                                                            coating of ALDT         coating of
                                                                                                       ALDT
----------------------------------------------------------------------------------------------------------------
Total Population........................  317,746,049...............  15,000....................               0
----------------------------------------------------------------------------------------------------------------
                                          White and Minority by Percent
----------------------------------------------------------------------------------------------------------------
White...................................  62........................  60........................               0
Minority................................  38........................  40........................               0
----------------------------------------------------------------------------------------------------------------
                                           Minority Detail by Percent
----------------------------------------------------------------------------------------------------------------
African American........................  12........................  10........................               0
Native American.........................  0.8.......................  0.2.......................               0
Hispanic or Latino......................  18........................  27........................               0
Other and Multiracial...................  7.........................  3.........................               0
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below the Poverty Level.................  14........................  19........................               0
Above the Poverty Level.................  86........................  81........................               0
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 Without High a School Diploma...  14........................  14........................               0
Over 25 With a High School Diploma......  86........................  86........................               0
----------------------------------------------------------------------------------------------------------------
                                       Linguistically Isolated by Percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated.................  6.........................  3.........................               0
----------------------------------------------------------------------------------------------------------------

    The methodology and the results of the demographic analysis are 
presented in a technical report titled Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near Automobile 
and Light-Duty Truck Surface Coating Source Category Operations, in the 
ALDT Docket.
2. Surface Coating of MMPP
    The results of the demographic analysis for the Surface Coating of 
MMPP source category are summarized in Table 6 of this preamble. These 
results, for various demographic groups, are based on the estimated 
risk from actual emissions levels for the population living within 50 
km of the facilities.
    The results of the MMPP source category demographic analysis 
indicate that approximately 18,000 people are exposed to a cancer risk 
at or above 1-in-1 million and no one is exposed to a chronic noncancer 
HI greater than 1. The percentages of the at-risk population in the 
following specific demographic groups are higher than their respective 
nationwide percentages: ``White,'' ``Below the Poverty Level,'' and 
``Over 25 and Without a High School Diploma.''

               Table 6--Surface Coating of MMPP Source Category Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                                    Population
                                                                                    with cancer     Population
                                                                                    risk at or     with chronic
                                                                                   above 1-in-1    noncancer HI
                                                                    Nationwide      million due   above 1 due to
                                                                                    to surface        surface
                                                                                    coating of      coating of
                                                                                       MMPP            MMPP
----------------------------------------------------------------------------------------------------------------
Total Population................................................     317,746,049          18,000               0
----------------------------------------------------------------------------------------------------------------
                                          White and Minority by Percent
----------------------------------------------------------------------------------------------------------------
White...........................................................              62              75               0
Minority........................................................              38              25               0
----------------------------------------------------------------------------------------------------------------
                                           Minority Detail by Percent
----------------------------------------------------------------------------------------------------------------
African American................................................              12              12               0
Native American.................................................             0.8             0.6               0
Hispanic or Latino..............................................              18               9               0

[[Page 41120]]

 
Other and Multiracial...........................................               7               3               0
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below the Poverty Level.........................................              14              20               0
Above the Poverty Level.........................................              86              80               0
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 Without High a School Diploma...........................              14              18               0
Over 25 With a High School Diploma..............................              86              82               0
----------------------------------------------------------------------------------------------------------------
                                       Linguistically Isolated by Percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated.........................................               6               3               0
----------------------------------------------------------------------------------------------------------------

    The methodology and the results of the demographic analysis are 
presented in a technical report titled Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near the Surface 
Coating of Miscellaneous Metal Parts and Products Source Category, in 
the MMPP Docket.
3. Surface Coating of PPP
    The results of the demographic analysis for the Surface Coating of 
PPP source category are summarized in Table 7 of this preamble. These 
results, for various demographic groups, are based on the estimated 
risk from actual emissions levels for the population living within 50 
km of the facilities.
    The results of the PPP source category demographic analysis 
indicate that approximately 500 people are exposed to a cancer risk at 
or above 1-in-1 million and no one is exposed to a chronic noncancer HI 
greater than 1. The percentages of the at-risk population in the 
following specific demographic groups are higher than their respective 
nationwide percentages: ``White'' and ``Below the Poverty Level.''

                Table 7--Surface Coating of PPP Source Category Demographic Risk Analysis Results
----------------------------------------------------------------------------------------------------------------
                                                                                    Population
                                                                                    with cancer     Population
                                                                                    risk at or     with chronic
                                                                    Nationwide     above 1-in-1    noncancer HI
                                                                                    million due     above 1 due
                                                                                    to surface      to surface
                                                                                  coating of PPP  coating of PPP
----------------------------------------------------------------------------------------------------------------
Total Population................................................     317,746,049             500               0
----------------------------------------------------------------------------------------------------------------
                                          White and Minority by Percent
----------------------------------------------------------------------------------------------------------------
White...........................................................              62              92               0
Minority........................................................              38               8               0
----------------------------------------------------------------------------------------------------------------
                                           Minority Detail by Percent
----------------------------------------------------------------------------------------------------------------
African American................................................              12               4               0
Native American.................................................             0.8             0.1               0
Hispanic or Latino..............................................              18               3               0
Other and Multiracial...........................................               7               1               0
----------------------------------------------------------------------------------------------------------------
                                                Income by Percent
----------------------------------------------------------------------------------------------------------------
Below the Poverty Level.........................................              14              19               0
Above the Poverty Level.........................................              86              81               0
----------------------------------------------------------------------------------------------------------------
                                              Education by Percent
----------------------------------------------------------------------------------------------------------------
Over 25 Without High a School Diploma...........................              14              14               0
Over 25 With a High School Diploma..............................              86              86               0
----------------------------------------------------------------------------------------------------------------

[[Page 41121]]

 
                                       Linguistically Isolated by Percent
----------------------------------------------------------------------------------------------------------------
Linguistically Isolated.........................................               6               0               0
----------------------------------------------------------------------------------------------------------------

    The methodology and the results of the demographic analysis are 
presented in a technical report titled Risk and Technology Review--
Analysis of Demographic Factors for Populations Living Near Surface 
Coating of Plastic Parts and Products Source Category Operations, in 
the PPP Docket.

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

    The EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children. 
This action's health and risk assessments are summarized in section 
IV.A of this preamble and are further documented in the Residual Risk 
Assessment for the Surface Coating of Automobiles and Light-Duty Trucks 
Source Category in Support of the 2020 Risk and Technology Review Final 
Rule, Residual Risk Assessment for the Surface Coating of Miscellaneous 
Metal Parts and Products Source Category in Support of the 2020 Risk 
and Technology Review Final Rule, and Residual Risk Assessment for the 
Surface Coating of Plastic Parts and Products Source Category in 
Support of the 2020 Risk and Technology Review Final Rule, in the ALDT 
Docket, MMPP Docket, and PPP Docket, respectively.

VI. Statutory and Executive Order Reviews

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

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

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

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been 
submitted for approval to OMB under the PRA, as discussed for each 
source category covered by this action in sections VI.C.1, 2, and 3 of 
this preamble.
1. Surface Coating of ALDT
    The Information Collection Request (ICR) document that the EPA 
prepared has been assigned EPA ICR number 2045.09. You can find a copy 
of the ICR in the ALDT Docket for this rule (Docket ID No. EPA-HQ-OAR-
2019-0314), and it is briefly summarized here. The information 
collection requirements are not enforceable until OMB approves them.
    As part of the RTR for the ALDT NESHAP, the EPA is not revising the 
emission limit requirements. The EPA has revised the SSM provisions of 
the rule and is requiring the use of electronic data reporting for 
future performance test data submittals, notifications, and reports. 
This information is being collected to assure compliance with 40 CFR 
part 63, subpart IIII. The EPA is finalizing a requirement to conduct 
control device performance testing no less frequently than once every 5 
years for facilities using the emission rate with add-on controls 
compliance option.
    Respondents/affected entities: Facilities performing surface 
coating of ALDT.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart IIII).
    Estimated number of respondents: In the 3 years after the 
amendments are final, approximately 43 respondents per year will be 
subject to the NESHAP and no additional respondents are expected to 
become subject to the NESHAP during that period. The EPA estimates that 
five facilities will be required to conduct performance testing in the 
3 years after the amendments are final.
    Frequency of response: The total number of responses in year 1 is 
129 and in year 3 is 15. Year 2 would have no responses.
    Total estimated burden: The average annual burden to the ALDT 
surface coating facilities over the 3 years after the amendments are 
finalized is estimated to be 410 hours (per year). Burden is defined at 
5 CFR 1320.3(b).
    Total estimated cost: The average annual cost to the ALDT surface 
coating facilities is $47,000 in labor costs in the first 3 years after 
the amendments are final. The average annual capital and operation and 
maintenance (O&M) costs is $32,000.
2. Surface Coating of MMPP
    The ICR document that the EPA prepared has been assigned EPA ICR 
number 2056.08. You can find a copy of the ICR in the MMPP Docket for 
this rule (Docket ID No. EPA-HQ-OAR-2019-0312), and it is briefly 
summarized here. The information collection requirements are not 
enforceable until OMB approves them.
    As part of the RTR for the MMPP NESHAP, the EPA is not revising the 
emission limit requirements. The EPA has revised the SSM provisions of 
the rule and is requiring the use of electronic data reporting for 
future performance test data submittals, notifications, and reports. 
This information is being collected to assure compliance with 40 CFR 
part 63, subpart MMMM. The EPA is finalizing a requirement to conduct 
control device performance testing no less frequently than once every 5 
years for facilities using the emission rate with add-on controls 
compliance option.
    Respondents/affected entities: Facilities performing surface 
coating of MMPP.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart MMMM).
    Estimated number of respondents: In the 3 years after the 
amendments are

[[Page 41122]]

final, approximately 368 respondents per year will be subject to the 
NESHAP and no additional respondents are expected to become subject to 
the NESHAP during that period.
    Frequency of response: The total number of responses in year 1 is 
1,104 and in year 3 is 21. Year 2 would have no responses.
    Total estimated burden: The average annual burden to the MMPP 
surface coating facilities over the 3 years after the amendments are 
final is estimated to be 2,930 hours (per year). Burden is defined at 5 
CFR 1320.3(b).
    Total estimated cost: The average annual cost to the MMPP surface 
coating facilities is $334,000 in labor costs in the first 3 years 
after the amendments are final. The average annual capital and O&M cost 
is $44,000.
3. Surface Coating of PPP
    The ICR document that the EPA prepared has been assigned EPA ICR 
number 2044.09. You can find a copy of the ICR in the PPP Docket for 
this rule (Docket ID No. EPA-HQ-OAR-2019-0313), and it is briefly 
summarized here. The information collection requirements are not 
enforceable until OMB approves them.
    As part of the RTR for the PPP NESHAP, the EPA is not revising the 
emission limit requirements. The EPA has revised the SSM provisions of 
the rule and is requiring the use of electronic data reporting for 
future performance test data submittals, notifications, and reports. 
This information is being collected to assure compliance with 40 CFR 
part 63, subpart PPPP. The EPA is finalizing a requirement to conduct 
control device performance testing no less frequently than once every 5 
years for facilities using the emission rate with add-on controls 
compliance option.
    Respondents/affected entities: Facilities performing surface 
coating of PPP.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart PPPP).
    Estimated number of respondents: In the 3 years after the 
amendments are final, approximately 125 respondents per year will be 
subject to the NESHAP and no additional respondents are expected to 
become subject to the NESHAP during that period.
    Frequency of response: The total number of responses in year 1 is 
375 and in year 3 is nine. Year 2 would have no responses.
    Total estimated burden: The average annual burden to the PPP 
surface coating facilities over the 3 years after the amendments are 
final is estimated to be 1,007 hours (per year). Burden is defined at 5 
CFR 1320.3(b).
    Total estimated cost: The average annual cost to the PPP surface 
coating facilities is $115,000 in labor costs in the first 3 years 
after the amendments are final. The average annual capital and O&M cost 
is $19,000.
    This action does not impose any new information collection burden 
related to the NESHAP for Surface Coating of Large Appliances; NESHAP 
for Printing, Coating, and Dyeing of Fabrics and Other Textiles; and 
NESHAP for Surface Coating of Metal Furniture. OMB has previously 
approved the information collection activities contained in the 
existing regulations and has assigned OMB control number 2060-0457 for 
NESHAP for Surface Coating of Large Appliances; 2060-0522 for NESHAP 
for Printing, Coating, and Dyeing of Fabrics and Other Textiles; and 
2060-0518 for NESHAP for Surface Coating of Metal Furniture. This 
notice only finalizes technical corrections to these standards and does 
not impact the reporting or recordkeeping requirements.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves the ICRs, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in the final rule.

D. Regulatory Flexibility Act (RFA)

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

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
any of the industries that would be affected by this action (ALDT 
surface coating, MMPP surface coating, and PPP surface coating). Thus, 
Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action's health and risk assessments are contained in 
sections III.A and C, IV.A.1 and 2, IV.B.1 and 2, and IV.C.1 and 2 of 
this preamble and are further documented in the Residual Risk 
Assessment for the Surface Coating of ALDT Source Category in Support 
of the 2020 Risk and Technology Review Final Rule, Residual Risk 
Assessment for the Surface Coating of MMPP Source Category in Support 
of the 2020 Risk and Technology Review Final Rule, and Residual Risk 
Assessment for the Surface Coating of PPP Source Category in Support of 
the 2020 Risk and Technology Review Final Rule, in the ALDT Docket, 
MMPP Docket, and PPP Docket, respectively.

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

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

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

    This rulemaking involves technical standards. The EPA conducted 
searches for the MACT standards through the Enhanced National Standards 
Systems Network Database managed by the American National Standards 
Institute. We also contacted VCS organizations and accessed and 
searched their databases. During the EPA's VCS search, if the title or 
abstract (if provided) of the

[[Page 41123]]

VCS described technical sampling and analytical procedures that are 
similar to the EPA's reference method, the EPA reviewed it as a 
potential equivalent method. The EPA is finalizing, as proposed, 
addition of methods to the ALDT NESHAP, the MMPP NESHAP, and the PPP 
NESHAP, as discussed in this section VI.J.
    The EPA is amending the ALDT NESHAP, the MMPP NESHAP, and the PPP 
NESHAP to provide owners and operators with the option of using two new 
methods. We are adding EPA Method 18 of appendix A to 40 CFR part 60, 
``Measurement of Gaseous Organic Compound Emissions by Gas 
Chromatography,'' to measure and subtract methane emissions from 
measured total gaseous organic mass emissions as carbon. We are also 
amending each of these NESHAP to incorporate by reference ASTM D2369-10 
(Reapproved 2015)\e\, ``Standard Test Method for Volatile Content of 
Coatings,'' into these three NESHAP as an alternative to EPA Method 24 
for the determination of the volatile matter content in surface 
coatings. ASTM D2369-10 (Reapproved 2015)\e\ is a test method that 
allows for more accurate results for multi-component chemical resistant 
coatings.
    We are amending the MMPP NESHAP and the PPP NESHAP to incorporate 
by reference ASTM D2111-10 (Reapproved 2015), ``Standard Test Methods 
for Specific Gravity and Density of Halogenated Organic Solvents and 
Their Admixtures,'' as an alternative to ASTM D1475-13. ASTM D2111-10 
(Reapproved 2015) is a test method that allows measurement of specific 
gravity at different temperatures that are chosen by the analyst.
    We are amending all three NESHAP to update ASTM D1475-98 
(Reapproved 2003), ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products,'' by incorporating by reference 
ASTM D1475-13, ``Standard Test Method for Density of Liquid Coatings, 
Inks, and Related Products.'' This test method covers the measurement 
of the density of paints, inks, varnishes, lacquers, and components 
thereof, other than pigments, when in fluid form.
    We are amending the ALDT NESHAP and the MMPP NESHAP to update ASTM 
D2697-86 (Reapproved 1998), ``Standard Test Method for Volume 
Nonvolatile Matter in Clear or Pigmented Coatings,'' by incorporating 
by reference ASTM D2697-03 (Reapproved 2014), which is the updated 
version of the previously approved method, and to update ASTM D6093-97 
(Reapproved 2003), ``Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using Helium Gas 
Pycnometer,'' by incorporating by reference ASTM D6093-97 (Reapproved 
2016), which is the updated version of the previously approved method. 
ASTM D2697-03 (Reapproved 2014) is a test method that can be used to 
determine the volume of nonvolatile matter in clear and pigmented 
coatings, and ASTM D6093-97 (Reapproved 2016) is a test method that can 
be used to determine the percent volume of nonvolatile matter in clear 
and pigmented coatings.
    We are amending the ALDT NESHAP to update ASTM D5066-91 (Reapproved 
2001), ``Standard Test Method for Determination of the Transfer 
Efficiency Under Production Conditions for Spray Application of 
Automotive Paints-Weight Basis,'' by incorporating by reference ASTM 
D5066-91 (Reapproved 2017), which is the updated version of the 
previously approved method. This test method covers procedures for 
determination of the transfer efficiency (using a weight method) under 
production conditions for in-plant spray application of automotive 
paints as outlined in Section 18 of EPA 450/3-88-018.
    We are amending the ALDT NESHAP and the MMPP NESHAP to update ASTM 
D5965-02, ``Standard Test Methods for Specific Gravity of Coating 
Powders,'' by incorporating by reference ASTM D5965-02 (Reapproved 
2013), which is the updated version of the previously approved method. 
These test methods cover three procedures for determining the specific 
gravity (see definition) of coating powders, i.e., Test Method A--For 
Testing Coating Powders, Excluding Metallics; Test Method B--For Tests 
Requiring Greater Precision than Test Method A, Including Metallics, 
Using Helium Pycnometry; and Test Method C--For Theoretical Calculation 
Based on Raw Material.
    We are amending the ALDT NESHAP to update ASTM D6266-00a, 
``Standard Test Method for Determining the Amount of Volatile Organic 
Compound (VOC) Released from Waterborne Automotive Coatings and 
Available for Removal in a VOC Control Device (Abatement),'' by 
incorporating by reference ASTM D6266-00a (Reapproved 2017), which is 
the updated version of the previously approved method. This test method 
describes the determination of the amount of VOC released from applied 
waterborne automotive coatings that is available for delivery to a VOC 
control device. The determination is accomplished by measuring the 
weight loss of a freshly coated test panel subject to evaporation or 
drying and by analysis of the VOC or water content in the coating.
    The ASTM standards are available from ASTM International 100 Barr 
Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959. 
See https://www.astm.org/.
    The EPA is amending the ALDT NESHAP to incorporate by reference 
EPA-450/3-88-018 ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' for use in 40 CFR 63.3130(c), 63.3161(d), and (g), 
63.3165(e), and appendix A to subpart IIII of part 63. This protocol 
determines the daily VOC emission rate (pounds of VOC per gallon of 
coating solids deposited) for a complete ALDT topcoat operation and is 
available in the ALDT Docket. The protocol is designed for uses in 
cases where topcoat emission limit is stated in units of pounds of VOC 
per gallon of solids deposited, compliance is demonstrated each day, 
and entire topcoat operation is treated as a single entity. The 
protocol uses the number of square feet coated on each vehicle in each 
booth with each coating as the basis for the daily weighting of 
individual transfer efficiency and bake oven exhaust control values. 
The method is intended to apply to primary coatings for new ALDT 
bodies, body parts for new ALDT, and other parts that are coated along 
with these bodies or body parts. It can also be downloaded from the 
EPA's website at the National Service Center for Environmental 
Publications, just access the following website at https://nepis.epa.gov and search either the title or document number.
    The EPA decided not to include certain other VCS; these methods are 
impractical as alternatives because of the lack of equivalency, 
documentation, validation date, and other important technical and 
policy considerations. The search and review results have been 
documented and are in the memoranda titled Voluntary Consensus Standard 
Results for NESHAP RTR: Surface Coating of Automobile and Light-Duty 
Trucks, June 2019, Voluntary Consensus Standard Results for NESHAP RTR: 
Surface Coating of Miscellaneous Metal Parts, June 2019, and Voluntary 
Consensus Standard Results for NESHAP RTR: Surface Coating of Plastic 
Parts and Products, June 2019, in the ALDT Docket, MMPP Docket, and the 
PPP Docket, respectively.
    The revised regulatory text contains references to ANSI/ASME PTC 
19.10-

[[Page 41124]]

1981 (Sec.  63.3166) and ASTM D5087-02 (Sec.  63.3165 and appendix A to 
subpart IIII). Both of these standards were previously approved for 
these sections. That approval continues without change.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General 
Provisions, a source may apply to the EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any required testing methods, performance specifications, or 
procedures in the final rule or any amendments.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action increases the level of environmental protection for all 
affected populations. The results of this evaluation are contained in 
section IV.A of this preamble and the technical reports titled Risk and 
Technology Review--Analysis of Demographic Factors for Populations 
Living Near Automobile and Light-Duty truck Surface Coating Category 
Operations, March 2019, Risk and Technology Review--Analysis of 
Demographic Factors for Populations Living Near the Surface Coating of 
Miscellaneous Metal Parts and Products Source Category, May 2019, and 
Risk and Technology Review--Analysis of Demographic Factors for 
Populations Living Near Surface Coating of Plastic Parts and Products 
Source Category Operations, April 2019, available in the ALDT Docket, 
MMPP Docket, and the PPP Docket, respectively.

L. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Reporting and recordkeeping requirements, Surface coating of 
automobiles and light-duty trucks, Surface coating of miscellaneous 
metal parts and products, Surface coating of plastic parts and 
products.

    Dated: March 11, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 63 as follows:

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

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Removing paragraph (h)(12);
0
b. Redesignating paragraphs (h)(13) through (115) as paragraphs (h)(12) 
through (114);
0
c. Revising newly redesignated paragraphs (h)(12), (20), (25), (28), 
(29), (65), (75), (77), (78), and (80);
0
d. Redesignating paragraphs (n)(1) through (24) as paragraphs (n)(2) 
through (25); and
0
e. Adding new paragraph (n)(1).

    The revisions and addition read as follows:


Sec.  63.14  Incorporations by reference

* * * * *
    (h) * * *
    (12) ASTM D1475-13, Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products, approved November 1, 2013, IBR 
approved for Sec. Sec.  63.3151(b), 63.3941(b) and (c), 63.3951(c), 
63.4141(b) and (c), 63.4551(c), 63.4741(b) and (c), 63.4751(c), and 
63.4941(b) and (c).
* * * * *
    (20) ASTM D2111-10 (Reapproved 2015), Standard Test Methods for 
Specific Gravity and Density of Halogenated Organic Solvents and Their 
Admixtures, approved June 1, 2015, IBR approved for Sec. Sec.  
63.3951(c), 63.4141(b) and (c), 63.4551(c), and 63.4741(a).
* * * * *
    (25) ASTM D2369-10 (Reapproved 2015)\e\, Standard Test Method for 
Volatile Content of Coatings, approved June 1, 2015, IBR approved for 
Sec. Sec.  63.3151(a), 63.3961(j), 63.4141(a) and (b), 63.4161(h), 
63.4321(e), 63.4341(e), 63.4351(d), 63.4541(a), 63.4561(j), 63.4741(a), 
63.4941(a) and (b), and 63.4961(j).
* * * * *
    (28) ASTM D2697-86 (Reapproved 1998), Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved 
for Sec. Sec.  63.3521(b), and 63.5160(c).
    (29) ASTM D2697-03 (Reapproved 2014), Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings, approved July 
1, 2014, IBR approved for Sec. Sec.  63.3161(f), 63.3941(b), 
63.4141(b), 63.4741(a) and (b), and 63.4941(b).
* * * * *
    (65) ASTM D5066-91 (Reapproved 2017), Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions 
for Spray Application of Automotive Paints-Weight Basis, approved June 
1, 2017, IBR approved for Sec.  63.3161(g).
* * * * *
    (75) ASTM D5965-02 (Reapproved 2013), Standard Test Methods for 
Specific Gravity of Coating Powders, approved June 1, 2013, IBR 
approved for Sec. Sec.  63.3151(b) and 63.3951(c).
* * * * *
    (77) ASTM D6093-97 (Reapproved 2003), Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
a Helium Gas Pycnometer, IBR approved for Sec. Sec.  63.3521 and 
63.5160(c).
    (78) ASTM D6093-97 (Reapproved 2016), Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
a Helium Gas Pycnometer, approved December 1, 2016, IBR approved for 
Sec. Sec.  63.3161(f), 63.3941(b), 63.4141(b), 63.4741(a) and (b), and 
63.4941(b).
* * * * *
    (80) ASTM D6266-00a (Reapproved 2017), Standard Test Method for 
Determining the Amount of Volatile Organic Compound (VOC) Released from 
Waterborne Automotive Coatings and Available for Removal in a VOC 
Control Device (Abatement), approved July 1, 2017, IBR approved for 
Sec.  63.3165(e).
* * * * *
    (n) * * *
    (1) EPA-450/3-88-018, Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Topcoat Operations, December 1988, IBR approved for Sec. Sec.  
63.3130(c), 63.3161(d) and (g), 63.3165(e), and appendix A to subpart 
IIII.
* * * * *

Subpart IIII--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

0
3. Section 63.3092 is amended by revising paragraph (a)(2) to read as 
follows:

[[Page 41125]]

Sec.  63.3092  How must I control emissions from my electrodeposition 
primer system if I want to comply with the combined primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
emission limit?

* * * * *
    (a) * * *
    (2) 0.10 percent by weight of any organic HAP in table 5 of this 
subpart.
* * * * *

0
4. Section 63.3093 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  63.3093  What operating limits must I meet?

    (a) You are not required to meet any operating limits for any 
coating operation(s) without add-on controls, nor are you required to 
meet operating limits for any coating operation(s) that do not utilize 
emission capture systems and add-on controls to comply with the 
emission limits in Sec.  63.3090 or Sec.  63.3091.
    (b) Except as provided in paragraph (d) of this section, for any 
controlled coating operation(s), you must meet the operating limits 
specified in table 1 to this subpart. These operating limits apply to 
the emission capture and add-on control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during performance tests according to the requirements 
in Sec.  63.3167. You must meet the operating limits at all times after 
you establish them.
* * * * *

0
5. Section 63.3100 is amended by revising paragraphs (b), (d), and (f) 
to read as follows:


Sec.  63.3100  What are my general requirements for complying with this 
subpart?

* * * * *
    (b) Before January 5, 2021, the coating operations must be in 
compliance with the operating limits for emission capture systems and 
add-on control devices required by Sec.  63.3093 at all times except 
during periods of SSM. On and after January 5, 2021, the coating 
operations must be in compliance with the operating limits for emission 
capture systems and add-on control devices required by Sec.  63.3093 at 
all times.
* * * * *
    (d) Before January 5, 2021, you must always operate and maintain 
your affected source including all air pollution control and monitoring 
equipment you use for purposes of complying with this subpart according 
to the provisions in Sec.  63.6(e)(1)(i). On and after January 5, 2021, 
at all times, the owner or operator must operate and maintain any 
affected source, including associated air pollution control equipment 
and monitoring equipment, in a manner consistent with safety and good 
air pollution control practices for minimizing emissions. The general 
duty to minimize emissions does not require the owner or operator to 
make any further efforts to reduce emissions if levels required by the 
applicable standard have been achieved. Determination of whether a 
source is operating in compliance with operation and maintenance 
requirements will be based on information available to the 
Administrator that may include, but is not limited to, monitoring 
results, review of operation and maintenance procedures, review of 
operation and maintenance records, and inspection of the affected 
source.
* * * * *
    (f) Before January 5, 2021, if your affected source uses emission 
capture systems and add-on control devices, you must develop a written 
startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec.  63.6(e)(3). The SSMP must address startup, 
shutdown, and corrective actions in the event of a malfunction of the 
emission capture system or the add-on control devices. On and after 
January 5, 2021, the SSMP is not required.

0
6. Section 63.3120 is amended by:
0
a. Revising paragraphs (a)(4), (a)(5) introductory text, (a)(5)(iv);
0
b. Adding paragraph (a)(5)(v);
0
c. Revising paragraphs (a)(6) introductory text and (a)(6)(iii), (vi) 
through (viii), (x), (xiii), and (xiv);
0
d. Adding paragraph (a)(6)(xv);
0
e. Revising paragraphs (a)(7) introductory text and (a)(7)(i) and 
(iii);
0
f. Adding paragraph (a)(7)(iv);
0
g. Revising paragraphs (a)(8) introductory text, (a)(8)(ii), (v) 
through (vii), (ix), and (xii), (a)(9) introductory text, (a)(9)(i) and 
(ii), and (c) introductory text; and
0
h. Adding paragraphs (d) through (h).

    The revisions and additions read as follows:


Sec.  63.3120  What reports must I submit?

    (a) * * *
    (4) No deviations. If there were no deviations from the emission 
limits, operating limits, or work practices in Sec. Sec.  63.3090, 
63.3091, 63.3092, 63.3093, and 63.3094 that apply to you, the 
semiannual compliance report must include a statement that there were 
no deviations from the applicable emission limitations during the 
reporting period. If you used control devices to comply with the 
emission limits, and there were no periods during which the CPMS were 
out of control as specified in Sec.  63.8(c)(7), the semiannual 
compliance report must include a statement that there were no periods 
during which the CPMS were out of control during the reporting period.
    (5) Deviations: adhesive, sealer, and deadener. Before January 5, 
2021, if there was a deviation from the applicable emission limits in 
Sec.  63.3090(c) and (d) or Sec.  63.3091(c) and (d), the semiannual 
compliance report must contain the information in paragraphs (a)(5)(i) 
through (iv) of this section. On and after January 5, 2021, if there 
was a deviation from the applicable emission limits in Sec.  63.3090(c) 
and (d) or Sec.  63.3091(c) and (d), the semiannual compliance report 
must contain the information in paragraphs (a)(5)(i) through (v) of 
this section.
* * * * *
    (iv) The reason for the deviation (including unknown cause, if 
applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over the applicable 
emission limit in Sec.  63.3090(c) and (d) or Sec.  63.3091(c) and (d), 
and a description of the method used to estimate the emissions.
    (6) Deviations: combined electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer and glass bonding adhesive, 
or combined primer-surfacer, topcoat, final repair, glass bonding 
primer, and glass bonding adhesive plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials 
that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec.  63.3082(c). 
Before January 5, 2021, if there was a deviation from the applicable 
emission limits in Sec.  63.3090(a) or (b) or Sec.  63.3091(a) or (b) 
or the applicable operating limit(s) in table 1 to this subpart, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (xiv) of this section. On and after January 5, 2021, 
if there was a deviation from the applicable emission limits in Sec.  
63.3090(a) or (b) or Sec.  63.3091(a) or (b) or the applicable 
operating limit(s) in table 1 to this subpart, the semiannual 
compliance report must contain the information in paragraphs (a)(6)(i) 
through (xv) of this section.
* * * * *

[[Page 41126]]

    (iii) The date and time that each malfunction of the capture system 
or add-on control devices used to control emissions from these 
operations started and stopped.
* * * * *
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, for each instance that the CPMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CPMS was inoperative; the cause (including unknown 
cause) for the CPMS being inoperative; and descriptions of corrective 
actions taken.
    (vii) Before January 5, 2021, the date and time period that each 
CPMS was out of control, including the information in Sec.  63.8(c)(8). 
On and after January 5, 2021, for each instance that the CPMS was out 
of control, as specified in Sec.  63.8(c)(7), the date, time, and 
duration that the CPMS was out-of-control; the cause (including unknown 
cause) for the CPMS being out-of-control; and descriptions of 
corrective actions taken.
    (viii) Before January 5, 2021, The date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of each bypass of an add-on control device; and whether 
each deviation occurred during a period of SSM or during another 
period. On and after January 5, 2021, the date, time, and duration of 
each deviation from an operating limit in table 1 to this subpart; and 
the date, time, and duration of each bypass of an add-on control 
device.
* * * * *
    (x) Before January 5, 2021, a breakdown of the total duration of 
the deviations from each operating limit in table 1 to this subpart and 
bypasses of each add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from each operating limit in table 1 to this subpart 
and bypasses of each add-on control device during the semiannual 
reporting period into those that were due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
* * * * *
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(6)(xiii)(A) and (B) of this section.
    (A) A description of the deviation, the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec.  63.3100(d).
    (B) A list of the affected sources or equipment for which a 
deviation occurred, the cause of the deviation (including unknown 
cause, if applicable), and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (xiv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an 
emission limitation in Sec.  63.3090(a) or (b) or Sec.  63.3091(a) or 
(b) or operating limit in table 1 of this subpart, a statement of the 
cause of each deviation (including unknown cause, if applicable).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limitation in Sec.  63.3090(a) or (b), or Sec.  63.3091(a) or 
(b), or operating limit in table 1 to this subpart, a list of the 
affected sources or equipment for which a deviation occurred, an 
estimate of the quantity of each regulated pollutant emitted over any 
emission limit in Sec.  63.3090(a) or (b) or Sec.  63.3091(a) or (b), 
and a description of the method used to estimate the emissions.
    (7) Deviations: Separate electrodeposition primer organic HAP 
content limit. Before January 5, 2021, if you used the separate 
electrodeposition primer organic HAP content limits in Sec.  
63.3092(a), and there was a deviation from these limits, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (iii) of this section. On and after January 5, 2021, if you 
used the separate electrodeposition primer organic HAP content limits 
in Sec.  63.3092(a), and there was a deviation from these limits, the 
semiannual compliance report must contain the information in paragraphs 
(a)(7)(i) through (iv) of this section.
    (i) Identification of each material used that deviated from the 
emission limit, and the date, time, and duration each was used.
* * * * *
    (iii) A statement of the cause of each deviation (including unknown 
case, if applicable).
    (iv) On and after January 5, 2021, the number of deviations, a list 
of the affected source or equipment, an estimate of the quantity of 
each regulated pollutant emitted over any emission limit in Sec.  
63.3092(a), and a description of the method used to estimate the 
emissions.
    (8) Deviations: Separate electrodeposition primer bake oven capture 
and control limitations. Before January 5, 2021, if you used the 
separate electrodeposition primer bake oven capture and control 
limitations in Sec.  63.3092(b), and there was a deviation from the 
limitations in Sec.  63.3092(b) or the applicable operating limit in 
table 1 to this subpart, the semiannual compliance report must contain 
the information in paragraphs (a)(8)(i) through (xii) of this section. 
On and after January 5, 2021, if you used the separate 
electrodeposition primer bake oven capture and control limitations in 
Sec.  63.3092(b), and there was a deviation from the limitations in 
Sec.  63.3092(b) or the applicable operating limit in table 1 to this 
subpart, the semiannual compliance report must contain the information 
in paragraphs (a)(8)(i) through (xiv) of this section.
* * * * *
    (ii) The date and time that each malfunction of the capture systems 
or control devices used to control emissions from the electrodeposition 
primer bake oven started and stopped.
* * * * *
    (v) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, for each instance that the CPMS was inoperative, 
except for zero (low-level) and high-level checks, the date, time, and 
duration that the CPMS was inoperative; the cause (including unknown 
cause) for the CPMS being inoperative; and descriptions of corrective 
actions taken.
    (vi) Before January 5, 2021, the date, time, and duration that each 
CPMS was out of control, including the information in Sec.  63.8(c)(8). 
On and after January 5, 2021, for each instance that the CPMS was out 
of control, as specified in Sec.  63.8(c)(7), the date, time, and 
duration that the CPMS was out-of-control; the cause (including unknown 
cause) for the CPMS being out-of-control; and descriptions of 
corrective actions taken.
    (vii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of each bypass of an add-on control device; and whether 
each deviation occurred during a period of SSM or during another 
period. On and after January 5, 2021, the date, time, and duration of 
each deviation from an operating limit in table 1 to this subpart; and 
the date,

[[Page 41127]]

time, and duration of each bypass of an add-on control device.
* * * * *
    (ix) Before January 5, 2021, a breakdown of the total duration of 
the deviations from each operating limit in table 1 to this subpart and 
bypasses of each add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from each operating limit in table 1 to this subpart 
and bypasses of each add-on control device during the semiannual 
reporting period into those that were due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
* * * * *
    (xii) A statement of the cause of each deviation (including unknown 
cause, if applicable).
    (9) Deviations: Work practice plans. Before January 5, 2021, if 
there was a deviation from an applicable work practice plan developed 
in accordance with Sec.  63.3094(b) or (c), the semiannual compliance 
report must contain the information in paragraphs (a)(9)(i) through 
(iii) of this section. On and after January 5, 2021, if there were 
deviations from an applicable work practice plan developed in 
accordance with Sec.  63.3094(b) or (c), the semiannual compliance 
report must contain the number of deviations, and, for each deviation, 
the information in paragraphs (a)(9)(i) through (iii) of this section.
    (i) Before January 5, 2021, the time period during which each 
deviation occurred. On and after January 5, 2021, the date, time, and 
duration of the deviation.
    (ii) Before January 5, 2021, the nature of each deviation. On and 
after January 5, 2021, the nature of the deviation, including a list of 
the affected sources or equipment for which the deviation occurred, and 
the cause of the deviation (including unknown cause, if applicable).
* * * * *
    (c) SSM reports. Before January 5, 2021, if you used add-on control 
devices and you had a SSM during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section. On and after January 5, 2021, the reports specified in 
paragraphs (c)(1) and (2) of this section are not required.
* * * * *
    (d) Performance test reports. On and after January 5, 2021, you 
must submit the results of the performance test required in paragraph 
(b) of this section following the procedure specified in paragraphs 
(d)(1) through (3) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/)). 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT website.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information 
being submitted under paragraph (c)(1) of this section is Confidential 
Business Information (CBI), you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website, 
including information claimed to be CBI, on a compact disc, flash 
drive, or other commonly used electronic storage medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via 
the EPA's CDX as described in paragraph (c)(1) of this section.
    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec.  63.9(b) and the notification of compliance status required in 
Sec. Sec.  63.9(h) and 63.3110(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete 
report generated using the appropriate form in CEDRI or an alternate 
electronic file consistent with the XML schema listed on the EPA's 
CEDRI website, including information claimed to be CBI, on a compact 
disc, flash drive, or other commonly used electronic storage medium to 
the EPA. The electronic medium shall be clearly marked as CBI and 
mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. The CEDRI interface can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The owner or operator must use 
the appropriate electronic template on the CEDRI Web for this subpart 
or an alternate electronic file format consistent with the XML schema 
listed on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). 
If the reporting form for the semiannual compliance report specific to 
this subpart is not available in CEDRI at the time that the report is 
due, you must submit the report to the Administrator at the appropriate 
addresses listed in Sec.  63.13. Once the form has been available in 
CEDRI for 1 year, you must begin submitting all subsequent reports via 
CEDRI. The reports must be submitted by the deadlines specified in this 
subpart, regardless of the method in which the reports are submitted. 
Owners or operators who claim that some of the information required to 
be submitted via CEDRI is CBI shall submit a complete report generated 
using the appropriate form in CEDRI or an alternate electronic file 
consistent with the XML schema listed on the EPA's CEDRI website, 
including information claimed to be CBI, on a compact disc, flash 
drive, or other commonly used

[[Page 41128]]

electronic storage medium to the EPA. The electronic medium shall be 
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to 
the date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You 
must provide to the Administrator a written description identifying the 
date, time and length of the outage; a rationale for attributing the 
delay in reporting beyond the regulatory deadline to the EPA system 
outage; describe the measures taken or to be taken to minimize the 
delay in reporting; and identify a date by which you propose to report, 
or if you have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage 
is resolved. The decision to accept the claim of the EPA system outage 
and allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to 
submit a report electronically within the time period prescribed. 
Examples of such events are acts of nature (e.g., hurricanes, 
earthquakes, or floods), acts of war or terrorism, or equipment failure 
or safety hazard beyond the control of the affected facility (e.g., 
large scale power outage). If you intend to assert a claim of force 
majeure, you must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or caused a delay 
in reporting. You must provide to the Administrator a written 
description of the force majeure event and a rationale for attributing 
the delay in reporting beyond the regulatory deadline to the force 
majeure event; describe the measures taken or to be taken to minimize 
the delay in reporting; and identify a date by which you propose to 
report, or if you have already met the reporting requirement at the 
time of the notification, the date you reported. In any circumstance, 
the reporting must occur as soon as possible after the force majeure 
event occurs. The decision to accept the claim of force majeure and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.

0
7. Section 63.3130 is amended by revising paragraphs (c)(4) and (5), 
(g), and (h) and adding paragraph (p) to read as follows:


Sec.  63.3130  What records must I keep?

* * * * *
    (c) * * *
    (4) A record of the calculation of the organic HAP emission rate 
for electrodeposition primer, primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) for each month if subject to the emission limit of Sec.  
63.3090(a) or Sec.  63.3091(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in ``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (incorporated by reference, see Sec.  63.14), are 
used, you must keep records of all data input to this protocol. If 
these data are maintained as electronic files, the electronic files, as 
well as any paper copies must be maintained. These data must be 
provided to the permitting authority on request on paper, and in (if 
calculations are done electronically) electronic form.
    (5) A record of the calculation of the organic HAP emission rate 
for primer-surfacer, topcoat, final repair, glass bonding primer, and 
glass bonding adhesive plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) for each month if 
subject to the emission limit of Sec.  63.3090(b) or Sec.  63.3091(b), 
and a record of the weight fraction of each organic HAP in each 
material added to the electrodeposition primer system if subject to the 
limitations of Sec.  63.3092(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in ``Protocol for Determining Daily Volatile Organic Compound Emission 
Rate of Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/
3-88-018 (incorporated by reference, see Sec.  63.14) are used, you 
must keep records of all data input to this protocol. If these data are 
maintained as electronic files, the electronic files, as well as any 
paper copies must be maintained. These data must be provided to the 
permitting authority on request on paper, and in (if calculations are 
done electronically) electronic form.
* * * * *
    (g) Before January 5, 2021, a record of the date, time, and 
duration of each deviation, and for each deviation, a record of whether 
the deviation occurred during a period of SSM. On and after January 5, 
2021, for each deviation from an emission limitation, operating limit, 
or work practice plan reported under Sec.  63.3120(a)(5) through (9), a 
record of the information specified in paragraphs (g)(1) through (4) of 
this section, as applicable.
    (1) The date, time, and duration of the deviation, and for each 
deviation, the information as reported under Sec.  63.3120(a)(5) 
through (9).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec.  63.3120(a)(5) through (9).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec.  63.3090(a) through (d) or 
Sec.  63.3091(a) through (d) or any applicable operating limit in table 
1 to this subpart, and a description of the method used to calculate 
the estimate, as reported under Sec.  63.3120(a)(5) through (9).

[[Page 41129]]

    (4) A record of actions taken to minimize emissions in accordance 
with Sec.  63.3100(d) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (h) Before January 5, 2021, the records required by Sec.  
63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 
2021, the provisions of this paragraph no longer apply.
* * * * *
    (p) On and after January 5, 2021, any records required to be 
maintained by this subpart that are submitted electronically via the 
EPA's CEDRI may be maintained in electronic format. This ability to 
maintain electronic copies does not affect the requirement for 
facilities to make records, data, and reports available upon request to 
a delegated air agency or the EPA as part of an on-site compliance 
evaluation.

0
8. Section 63.3131 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.3131  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec.  63.10(b)(1). Where 
appropriate, the records may be maintained as electronic spreadsheets 
or as a database. On and after January 5, 2021, any records required to 
be maintained by this subpart that are submitted electronically via the 
EPA's CEDRI may be maintained in electronic format. This ability to 
maintain electronic copies does not affect the requirement for 
facilities to make records, data, and reports available upon request to 
a delegated air agency or the EPA as part of an on-site compliance 
evaluation.
* * * * *

0
9. Section 63.3151 is amended by revising paragraphs (a)(1)(i), (a)(2) 
and (4), and (b) to read as follows.


Sec.  63.3151  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (a) * * *
    (1) * * *
    (i) Count each organic HAP in table 5 to this subpart that is 
present at 0.1 percent by mass or more and at 1.0 percent by mass or 
more for other compounds. For example, if toluene (not listed in table 
5 to this subpart) is measured to be 0.5 percent of the material by 
mass, you do not have to count it. Express the mass fraction of each 
organic HAP you count as a value truncated to four places after the 
decimal point (e.g., 0.3791).
* * * * *
    (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). For coatings, 
you may use EPA Method 24 to determine the mass fraction of nonaqueous 
volatile matter and use that value as a substitute for mass fraction of 
organic HAP. As an alternative to using EPA Method 24, you may use ASTM 
D2369-10 (Reapproved 2015)\e\ (incorporated by reference, see Sec.  
63.14).
* * * * *
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP in table 5 to this subpart that is present at 0.1 percent by mass 
or more and at 1.0 percent by mass or more for other compounds. For 
example, if toluene (not listed in table 5 of this subpart) is 0.5 
percent of the material by mass, you do not have to count it. If there 
is a disagreement between such information and results of a test 
conducted according to paragraphs (a)(1) through (3) of this section, 
then the test method results will take precedence, unless after 
consultation, the facility demonstrates to the satisfaction of the 
enforcement authority that the facility's data are correct.
* * * * *
    (b) Determine the density of each material used. Determine the 
density of each material used during the compliance period from test 
results using ASTM D1475-13 (incorporated by reference, see Sec.  
63.14) or for powder coatings, test method A or test method B of ASTM 
D5965-02 (Reapproved 2013) (incorporated by reference, see Sec.  
63.14), or information from the supplier or manufacturer of the 
material. If there is disagreement between ASTM D1475-13 test results 
or ASTM D5965-02 (Reapproved 2013), test method A or test method B test 
results and the supplier's or manufacturer's information, the test 
results will take precedence unless after consultation, the facility 
demonstrates to the satisfaction of the enforcement authority that the 
facility's data are correct.
* * * * *

0
10. Section 63.3160 is amended by revising the section heading and 
paragraph (b)(1) to read as follows:


Sec.  63.3160  By what date must I conduct initial performance tests 
and other initial compliance demonstrations?

* * * * *
    (b) * * *
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3083. You must conduct an initial 
performance test of each capture system and add-on control device 
according to the procedures in Sec. Sec.  63.3164 through 63.3166 and 
establish the operating limits required by Sec.  63.3093 no later than 
the compliance date specified in Sec.  63.3083.
* * * * *

0
11. Section 63.3161 is amended by revising paragraphs (a), (d), (f)(1), 
(g), and (k)(3) to read as follows:


Sec.  63.3161  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) must meet the 
applicable emission limitation in Sec.  63.3090(a) or Sec.  63.3091(a) 
and the applicable operating limits and work practice standards in 
Sec. Sec.  63.3093 and 63.3094.
* * * * *
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (o) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.3090(a) or Sec.  
63.3091(a). You may also use the guidelines presented in ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations'' EPA-450/3-88-018 
(incorporated by reference, see Sec.  63.14), in making this 
demonstration.
* * * * *
    (f) * * *
    (1) ASTM Method D2697-03 (Reapproved 2014) or ASTM Method D6093-97 
(Reapproved 2016). You may use ASTM D2697-03 (Reapproved 2014) 
(incorporated by reference, see Sec.  63.14), or ASTM D6093-97 
(Reapproved 2016) (incorporated by reference, see Sec.  63.14), to 
determine the volume fraction of coating solids for each coating. 
Divide the nonvolatile volume percent obtained with the methods by 100 
to calculate volume fraction of coating solids.
* * * * *
    (g) Determine the transfer efficiency for each coating. You must 
determine the transfer efficiency for each primer-

[[Page 41130]]

surfacer and topcoat coating, and for all coatings, except for deadener 
and for adhesive and sealer that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) using ASTM D5066-91 (Reapproved 2017) 
(incorporated by reference, see Sec.  63.14) or the guidelines 
presented in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14). You may conduct transfer efficiency testing on representative 
coatings and for representative spray booths as described in ``Protocol 
for Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018. 
You may assume 100-percent transfer efficiency for electrodeposition 
primer coatings, glass bonding primers, and glass bonding adhesives. 
For final repair coatings, you may assume 40-percent transfer 
efficiency for air atomized spray and 55-percent transfer efficiency 
for electrostatic spray and high volume, low pressure spray. For 
blackout, chip resistant edge primer, interior color, in-line repair, 
lower body anti-chip coatings, or underbody anti-chip coatings, you may 
assume 40-percent transfer efficiency for air atomized spray, 55-
percent transfer efficiency for electrostatic spray and high volume-low 
pressure spray, and 80-percent transfer efficiency for airless spray.
* * * * *
    (k) * * *
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, kg volatile organic matter 
per kg coating. You may determine the volatile organic matter mass 
fraction using EPA Method 24 of 40 CFR part 60, appendix A-7, or an EPA 
approved alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of EPA Method 24 of 40 CFR part 60, appendix 
A-7, or an approved alternative method, the test method results will 
govern unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
* * * * *

0
12. Section 63.3163 is amended by revising the section heading and 
paragraph (c) introductory text, adding paragraph (c)(3), and revising 
paragraphs (f) and (h) to read as follows:


Sec.  63.3163  How do I conduct periodic performance tests and 
demonstrate continuous compliance with the emission limitations?

* * * * *
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3093 that applies to you, as specified in 
table 1 to this subpart, and you must conduct performance tests as 
specified in paragraph (c)(3) of this section.
* * * * *
    (3) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec.  63.3161(k) for 
controlled coating operations, you must conduct periodic performance 
tests of add-on controls and establish the operating limits required by 
Sec.  63.3093 within 5 years following the previous performance test. 
You must conduct the first periodic performance test before July 8, 
2023, unless you are already required to complete periodic performance 
tests as a requirement of renewing your facility's operating permit 
under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance 
test on or after July 8, 2022. Thereafter you must conduct a 
performance test no later than 5 years following the previous 
performance test. Operating limits must be confirmed or reestablished 
during each performance test. For any control device for which you are 
using the catalytic oxidizer control option at Sec.  63.3167(b) and 
following the catalyst maintenance procedures in Sec.  63.3167(b)(6), 
you are not required to conduct periodic control device performance 
testing as specified by this paragraph. For any control device for 
which instruments are used to continuously measure organic compound 
emissions, you are not required to conduct periodic control device 
performance testing as specified by this paragraph. The requirements of 
this paragraph do not apply to measuring emission capture system 
efficiency.
* * * * *
    (f) If there were no deviations from the emission limitations, 
submit a statement as part of the semiannual compliance report that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in Sec.  
63.3090(a) or Sec.  63.3091(a), Sec.  63.3090(b) or Sec.  63.3091(b), 
or Sec.  63.3092(a) or Sec.  63.3092(b), you achieved the operating 
limits required by Sec.  63.3093, and you achieved the work practice 
standards required by Sec.  63.3094 during each compliance period.
* * * * *
    (h) Before January 5, 2021, consistent with Sec. Sec.  63.6(e) and 
63.7(e)(1), deviations that occur during a period of SSM of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with Sec.  63.6(e)(1). The 
Administrator will determine whether deviations that occur during a 
period you identify as a SSM are violations according to the provisions 
in Sec.  63.6(e). On and after January 5, 2021, the provisions of this 
paragraph no longer apply.
* * * * *

0
13. Section 63.3164 is amended by revising paragraphs (a) introductory 
text and (a)(1) to read as follows:


Sec.  63.3164  What are the general requirements for performance tests?

    (a) You must conduct each applicable performance test required by 
Sec. Sec.  63.3160, 63.3163, and 63.3171 according to the requirements 
in Sec.  63.7(e)(1) and under the conditions in this section unless you 
obtain a waiver of the performance test according to the provisions in 
Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Before January 5, 2021, operations during 
periods of SSM, and during periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions represent normal operation. On and after 
January 5, 2021, operations during periods of startup, shutdown, or 
nonoperation do not constitute representative conditions for purposes 
of conducting a performance test. The owner or operator may not conduct 
performance tests during periods of malfunction. You must record the 
process information that is necessary to document operating conditions 
during the test and explain why the conditions represent normal 
operation. Upon request, you must make available to the Administrator 
such records as may be

[[Page 41131]]

necessary to determine the conditions of performance tests.
* * * * *

0
14. Section 63.3165 is amended by revising the introductory text and 
paragraphs (e) introductory text, the definition of 
``Wvocc,i'' in Equation 6 of paragraph (e)(2), the 
definition of ``Wvocc,i'' in Equation 7 of paragraph (e)(3), 
and the definition of ``Ws,i'' in Equation 8 of paragraph 
(e)(4) to read as follows:


Sec.  63.3165  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec. Sec.  63.3160 and 63.3163. For purposes of this subpart, a 
spray booth air seal is not considered a natural draft opening in a PTE 
or a temporary total enclosure provided you demonstrate that the 
direction of air movement across the interface between the spray booth 
air seal and the spray booth is into the spray booth. For purposes of 
this subpart, a bake oven air seal is not considered a natural draft 
opening in a PTE or a temporary total enclosure provided you 
demonstrate that the direction of air movement across the interface 
between the bake oven air seal and the bake oven is into the bake oven. 
You may use lightweight strips of fabric or paper, or smoke tubes to 
make such demonstrations as part of showing that your capture system is 
a PTE or conducting a capture efficiency test using a temporary total 
enclosure. You cannot count air flowing from a spray booth air seal 
into a spray booth as air flowing through a natural draft opening into 
a PTE or into a temporary total enclosure unless you elect to treat 
that spray booth air seal as a natural draft opening. You cannot count 
air flowing from a bake oven air seal into a bake oven as air flowing 
through a natural draft opening into a PTE or into a temporary total 
enclosure unless you elect to treat that bake oven air seal as a 
natural draft opening.
* * * * *
    (e) Panel testing to determine the capture efficiency of flash-off 
or bake oven emissions. You may conduct panel testing to determine the 
capture efficiency of flash-off or bake oven emissions using ASTM 
D5087-02 (incorporated by reference, see Sec.  63.14), ASTM D6266-00a 
(Reapproved 2017) (incorporated by reference, see Sec.  63.14), or the 
guidelines presented in ``Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Topcoat Operations,'' EPA-450/3-88-018 (incorporated by reference, see 
Sec.  63.14). You may conduct panel testing on representative coatings 
as described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018. The results of these panel testing 
procedures are in units of mass of VOC per volume of coating solids 
deposited and must be converted to a percent value for use in this 
subpart. If you panel test representative coatings, then you may 
convert the panel test result for each representative coating either to 
a unique percent capture efficiency for each coating grouped with that 
representative coating by using coating specific values for the volume 
of coating solids deposited per volume of coating used, mass of VOC per 
volume of coating, volume fraction solids, transfer efficiency, density 
and mass fraction VOC in Equations 4 through 6 of this section; or to a 
composite percent capture efficiency for the group of coatings by using 
composite values for the group of coatings for the volume of coating 
solids deposited per volume of coating used and for the mass of VOC per 
volume of coating, and average values for the group of coatings for 
volume fraction solids, transfer efficiency, density and mass fraction 
VOC in Equations 4 through 6 of this section. If you panel test each 
coating, then you must convert the panel test result for each coating 
to a unique percent capture efficiency for that coating by using 
coating specific values for the volume of coating solids deposited per 
volume of coating used, mass of VOC per volume of coating, volume 
fraction solids, transfer efficiency, density, and mass fraction VOC in 
Equations 4 through 6 of this section. Panel test results expressed in 
units of mass of VOC per volume of coating solids deposited must be 
converted to percent capture efficiency using Equation 4 of this 
section. An alternative for using panel test results expressed in units 
of mass of VOC per mass of coating solids deposited is presented in 
paragraph (e)(3) of this section.
* * * * *
    (2) * * *

Wvocc,i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings, including coating, 
i, kg VOC per kg coating, determined by EPA Method 24 (appendix A-7 
to 40 CFR part 60) or the guidelines for combining analytical VOC 
content and formulation solvent content presented in Section 9 of 
``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14).

    (3) * * *

Wvocc,i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings, including coating, 
i, kg VOC per kg coating, determined by EPA Method 24 (appendix A-7 
to 40 CFR part 60) or the guidelines for combining analytical VOC 
content and formulation solvent content presented in Section 9 of 
``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14).

    (4) * * *

Ws, i = Mass fraction of coating solids for coating, i, 
or average mass fraction of coating solids for the group of coatings 
including coating, i, kg coating solids per kg coating, determined 
by EPA Method 24 (appendix A-7 to 40 CFR part 60) or the guidelines 
for combining analytical VOC content and formulation solvent content 
presented in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14).

* * * * *

0
15. Section 63.3166 is amended by revising the introductory text and 
paragraphs (a)(1) through (4) and (b) introductory text, and adding 
paragraph (b)(4) to read as follows:


Sec.  63.3166  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.3160, 
Sec.  63.3163, or Sec.  63.3171. You must conduct three test runs as 
specified in Sec.  63.7(e)(3), and each test run must last at least 1 
hour.
    (a) * * *
    (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1, or 2G of 
appendix A-2 to 40 CFR part 60, as appropriate, to measure gas 
volumetric flow rate.
    (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, 
as appropriate, for gas analysis to determine dry molecular weight. The 
ANSI/ASME PTC 19.10-1981 (incorporated by reference, see Sec.  63.14), 
may be used as an alternative to EPA Method 3B.

[[Page 41132]]

    (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60 to determine 
stack gas moisture.
* * * * *
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60, as 
specified in paragraphs (b)(1) through (4) of this section. You must 
use the same method for both the inlet and outlet measurements.
* * * * *
    (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
* * * * *

0
16. Section 63.3167 is amended by revising the section heading, the 
introductory text, and paragraph (f)(1) to read as follows:


Sec.  63.3167  How do I establish the add-on control device operating 
limits during performance tests?

    During the performance tests required by Sec. Sec.  63.3160, 
63.3163, and 63.3171 (and described in Sec. Sec.  63.3164 and 63.3166), 
you must establish the operating limits required by Sec.  63.3093 
according to this section, unless you have received approval for 
alternative monitoring and operating limits under Sec.  63.8(f) as 
specified in Sec.  63.3093.
* * * * *
    (f) * * *
    (1) During the capture efficiency determination required by 
Sec. Sec.  63.3160 and 63.3163 and described in Sec. Sec.  63.3164 and 
63.3165, you must monitor and record either the gas volumetric flow 
rate or the duct static pressure for each separate capture device in 
your emission capture system at least once every 15 minutes during each 
of the three test runs at a point in the duct between the capture 
device and the add-on control device inlet.
* * * * *

0
17. Section 63.3168 is amended by revising paragraphs (a)(4) through 
(7) and (c)(3) introductory text to read as follows:


Sec.  63.3168  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) * * *
    (4) You must maintain the CPMS at all times in accordance with 
Sec.  63.3100(d) and have readily available necessary parts for routine 
repairs of the monitoring equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times that a controlled 
coating operation is operating in accordance with Sec.  63.3100(d).
    (6) Before January 5, 2021, you must not use emission capture 
system or add-on control device parameter data recorded during 
monitoring malfunctions, associated repairs, out-of-control periods, or 
required quality assurance or control activities when calculating data 
averages. You must use all the data collected during all other periods 
in calculating the data averages for determining compliance with the 
emission capture system and add-on control device operating limits. On 
and after January 5, 2021, startups and shutdowns are normal operation 
for this source category. Emissions from these activities are to be 
included when determining if the standards specified in Sec. Sec.  
63.3090, 63.3091, 63.3092, 63.4292, and 63.4293 are being attained. You 
must not use emission capture system or add-on control device parameter 
data recorded during monitoring malfunctions, associated repairs, out-
of-control periods, or required quality assurance or control activities 
when calculating data averages. You must use all the data collected 
during all other periods in calculating the data averages for 
determining compliance with the emission capture system and add-on 
control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out of control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities, any period 
during which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(1) of this section, or generates data that 
cannot be included in calculating averages as specified in this 
paragraph (a)(7) constitutes a deviation from the monitoring 
requirements.
* * * * *
    (c) * * *
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a)(1) through (6) and (c)(3)(i) 
through (vii) of this section for each gas temperature monitoring 
device. For the purposes of this paragraph (c)(3), a thermocouple is 
part of the temperature sensor.
* * * * *

0
18. Section 63.3171 is amended by revising paragraphs (a) and (e)(3) to 
read as follows:


Sec.  63.3171  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) must meet the applicable emission 
limitation in Sec.  63.3090(b) or Sec.  63.3091(b); the organic HAP 
emissions from the electrodeposition primer operation must meet the 
applicable emissions limitations in Sec.  63.3092(a) or (b); and you 
must meet the applicable operating limits and work practice standards 
in Sec. Sec.  63.3093 and 63.3094.
* * * * *
    (e) * * *
    (3) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (e)(1) and (2) of this section, such as 
manufacturer's formulation data, if it represents each organic HAP in 
Table 5 to this subpart that is present at 0.1 percent by mass, and at 
1.0 percent by mass or more for other compounds. If there is a 
disagreement between such information and results of a test conducted 
according to paragraph (e)(1) or (2) of this section, then the test 
method results will take precedence unless after consultation, the 
facility demonstrates to the satisfaction of the enforcement authority 
that the facility's data are correct.
* * * * *

0
19. Section 63.3176 is amended by revising the definition of 
``Deviation'' to read as follows:

[[Page 41133]]

Sec.  63.3176  What definitions apply to this subpart?

* * * * *
    Deviation means:
    (1) Before January 5, 2021, any instance in which an affected 
source subject to this subpart or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to any emission limit, operating 
limit, or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (iii) Fails to meet any emission limit or operating limit or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, any instance in which an affected 
source subject to this subpart or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to any emission limit, operating 
limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
* * * * *

0
20. Table 2 to subpart IIII of part 63 is revised to read as follows:

       Table 2 to Subpart IIII of Part 63--Applicability of General Provisions to Subpart IIII of Part 63
      You must comply with the applicable General Provisions requirements according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    IIII                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12)...............  General Applicability..  Yes....................
Sec.   63.1(b)(1)-(3)................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart IIII is also
                                                                                          specified in Sec.
                                                                                          63.3081.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)....................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources.                                          IIII.
Sec.   63.1(c)(5)....................  Extensions and           Yes....................
                                        Notifications.
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.3176.
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec.   63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Fragmentation.
Sec.   63.5(a).......................  Preconstruction Review   Yes....................
                                        Applicability.
Sec.   63.5(b)(1), (3), (4), (6).....  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.   63.5(d)(1)(i)-(ii)(F),          Application for          Yes....................
 (d)(1)(ii)(H), (d)(1)(ii)(J),          Approval of
 (d)(1)(iii), (d)(2)-(4).               Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.   63.6(a).......................  Compliance With          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec.   63.6(b)(1)-(5), (b)(7)........  Compliance Dates for     Yes....................  Section 63.3083
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.   63.6(c)(1), (2), (5)..........  Compliance Dates for     Yes....................  Section 63.3083
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.
Sec.   63.6(e)(1)(i)-(ii)............  Operation and            Yes before January 5,    See Sec.   63.3100(d)
                                        Maintenance.             2021. No on and after    for general duty
                                                                 January 5, 2021.         requirement.
Sec.   63.6(e)(1)(iii)...............  Operation and            Yes....................
                                        Maintenance.
Sec.   63.6(e)(3)(i), (e)(3)(iii)-     SSMP...................  Yes before January 5,    .......................
 (ix).                                                           2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(1)....................  Compliance Except        Yes before January 5,    .......................
                                        During SSM.              2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(2)-(3)................  Methods for Determining  Yes....................
                                        Compliance.
Sec.   63.6(g).......................  Use of an Alternative    Yes....................
                                        Standard.
Sec.   63.6(h).......................  Compliance With Opacity/ No.....................  Subpart IIII does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(14), (16).........  Extension of Compliance  Yes....................
63.6(j)..............................  Presidential Compliance  Yes....................
                                        Exemption.

[[Page 41134]]

 
Sec.   63.7(a)(1)....................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.3164 and
                                                                                          63.3166.
Sec.   63.7(a)(2) except (a)(2)(i)-    Performance Test         Yes....................  Applies only to
 (viii).                                Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Section 63.3160
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec.   63.7(a)(3)-(4)................  Performance Tests        Yes....................
                                        Required By the
                                        Administrator, Force
                                        Majeure.
Sec.   63.7(b)-(d)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Notifica                            performance tests for
                                        tion, Quality                                     capture system and add-
                                        Assurance, Facilities                             on control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing Conditions                                using these to comply
                                        During Test.                                      with the standards.
Sec.   63.7(e)(1)....................  Conduct of performance   Yes before January 5,    See Sec.   63.3164.
                                        tests.                   2021. No on and after
                                                                 January 5, 2021.
Sec.   63.7(e)(2)-(4)................  Conduct of performance   Yes....................
                                        tests.
Sec.   63.7(f).......................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use of                              methods except those
                                        Alternative Test                                  used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
Sec.   63.7(g)-(h)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and add-
                                        Recordkeeping,                                    on control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             using these to comply
                                                                                          with the standards.
Sec.   63.8(a)(1)-(2)................  Monitoring               Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.3168.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart IIII does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)....................  Continuous Monitoring    Yes before January 5,    Section 63.3168
                                        Systems (CMS)            2021. No on and after    specifies the
                                        Operation and            January 5, 2021.         requirements for the
                                        Maintenance.                                      operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
63.8(c)(2)-(3).......................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.3168.
Sec.   63.8(c)(4)....................  CMS....................  No.....................  Section 63.3168
                                                                                          specifies the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply with the
                                                                                          standards.
Sec.   63.8(c)(5)....................  COMS...................  No.....................  Subpart IIII does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)....................  CMS Requirements.......  No.....................  Section 63.3168
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply with the
                                                                                          standards.

[[Page 41135]]

 
Sec.   63.8(c)(7)....................  CMS Out-of-Control       Yes....................
                                        Periods.
Sec.   63.8(c)(8)....................  CMS Out-of-Control       No.....................  Section 63.3120
                                        Periods Reporting.                                requires reporting of
                                                                                          CMS out-of-control
                                                                                          periods.
Sec.   63.8(d)-(e)...................  Quality Control Program  No.....................  Subpart IIII does not
                                        and CMS Performance                               require the use of
                                        Evaluation.                                       continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec.   63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart IIII does not
                                        Accuracy Test.                                    require the use of
                                                                                          CEMS.
Sec.   63.8(g).......................  Data Reduction.........  No.....................  Sections 63.3167 and
                                                                                          63.3168 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec.   63.9(a).......................  Notification             Yes....................
                                        Requirements.
Sec.   63.9(b)(1)-(2)................  Initial Notifications..  Yes....................
Sec.   63.9(b)(4)(i), (b)(4)(v),       Application for          Yes....................
 (b)(5).                                Approval of
                                        Construction or
                                        Reconstruction.
Sec.   63.9(c).......................  Request for Extension    Yes....................
                                        of Compliance.
Sec.   63.9(d).......................  Special Compliance       Yes....................
                                        Requirement
                                        Notification.
Sec.   63.9(e).......................  Notification of          Yes....................  Applies only to capture
                                        Performance Test.                                 system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standards.
Sec.   63.9(f).......................  Notification of Visible  No.....................  Subpart IIII does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(g).......................  Additional               No.....................  Subpart IIII does not
                                        Notifications When                                require the use of
                                        Using CMS.                                        CEMS.
Sec.   63.9(h)(1)-(3), (5)-(6).......  Notification of          Yes....................  Section 63.3110
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec.   63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          Sec.   63.3130 and
                                                                                          63.3131.
Sec.   63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before January 5,    See 63.3130(g).
                                        Occurrence and           2021. No on and after
                                        Duration of Startups     January 5, 2021.
                                        and Shutdowns and of
                                        Failures to Meet
                                        Standards.
Sec.   63.10(b)(2)(iii)..............  Recordkeeping Relevant   Yes....................
                                        to Maintenance of Air
                                        Pollution Control and
                                        Monitoring Equipment.
Sec.   63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before January 5,    See Sec.
                                        Minimize Emissions       2021. No on and after    63.3130(g)(4) for a
                                        During SSM.              January 5, 2021.         record of actions
                                                                                          taken to minimize
                                                                                          emissions during a
                                                                                          deviation from the
                                                                                          standard.
Sec.   63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before January 5,    See Sec.   63.3130(g)
                                        Malfunctions.            2021. No on and after    for records of periods
                                                                 January 5, 2021.         of deviation from the
                                                                                          standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(b)(2)(vii)-(xi).........  Records................  Yes....................
Sec.   63.10(b)(2)(xii)..............  Records................  Yes....................
Sec.   63.10(b)(2)(xiii).............  .......................  No.....................  Subpart IIII does not
                                                                                          require the use of
                                                                                          CEMS.
Sec.   63.10(b)(2)(xiv)..............  .......................  Yes....................
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)(1)-(6)...............  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.

[[Page 41136]]

 
Sec.   63.10(c)(7)-(8)...............  Additional               No.....................  See Sec.   63.3130(g)
                                        Recordkeeping                                     for records of periods
                                        Requirements for                                  of deviation from the
                                        Sources with CMS.                                 standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(c)(10)-(14).............  .......................  Yes....................
Sec.   63.10(c)(15)..................  Records Regarding the    Yes before January 5,    .......................
                                        SSM Plan.                2021. No on and after
                                                                 January 5, 2021.
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.3120.
Sec.   63.10(d)(2)...................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                           63.3120(b).
Sec.   63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart IIII does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec.   63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources With
                                        Compliance Extensions.
Sec.   63.10(d)(5)...................  SSM Reports............  Yes before January 5,    See 63.3120(a)(6).
                                                                 2021. No on and after
                                                                 January 5, 2021.
Sec.   63.10(e)(1)-(2)...............  Additional CMS Reports.  No.....................  Subpart IIII does not
                                                                                          require the use of
                                                                                          CEMS.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     No.....................  Section 63.3120(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart IIII does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.   63.11.........................  Control Device           No.....................  Subpart IIII does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
Sec.   63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  IBR....................  Yes....................
Sec.   63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


0
21. Table 5 to subpart IIII of part 63 is added to read as follows:

  Table 5 to Subpart IIII of Part 63--List of HAP That Must Be Counted
  Toward Total Organic HAP Content if Present at 0.1 Percent or More by
                                  Mass
------------------------------------------------------------------------
                      Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...............................         79-34-5
1,1,2-Trichloroethane...................................         79-00-5
1,1-Dimethylhydrazine...................................         57-14-7
1,2-Dibromo-3-chloropropane.............................         96-12-8
1,2-Diphenylhydrazine...................................        122-66-7
1,3-Butadiene...........................................        106-99-0
1,3-Dichloropropene.....................................        542-75-6
1,4-Dioxane.............................................        123-91-1
2,4,6-Trichlorophenol...................................         88-06-2
2,4/2,6-Dinitrotoluene (mixture)........................      25321-14-6
2,4-Dinitrotoluene......................................        121-14-2
2,4-Toluene diamine.....................................         95-80-7
2-Nitropropane..........................................         79-46-9
3,3'-Dichlorobenzidine..................................         91-94-1
3,3'-Dimethoxybenzidine.................................        119-90-4
3,3'-Dimethylbenzidine..................................        119-93-7
4,4'-Methylene bis(2-chloroaniline).....................        101-14-4
Acetaldehyde............................................         75-07-0
Acrylamide..............................................         79-06-1
Acrylonitrile...........................................        107-13-1
Allyl chloride..........................................        107-05-1
alpha-Hexachlorocyclohexane (a-HCH).....................        319-84-6
Aniline.................................................         62-53-3

[[Page 41137]]

 
Benzene.................................................         71-43-2
Benzidine...............................................         92-87-5
Benzotrichloride........................................         98-07-7
Benzyl chloride.........................................        100-44-7
beta-Hexachlorocyclohexane (b-HCH)......................        319-85-7
Bis(2-ethylhexyl)phthalate..............................        117-81-7
Bis(chloromethyl)ether..................................        542-88-1
Bromoform...............................................         75-25-2
Captan..................................................        133-06-2
Carbon tetrachloride....................................         56-23-5
Chlordane...............................................         57-74-9
Chlorobenzilate.........................................        510-15-6
Chloroform..............................................         67-66-3
Chloroprene.............................................        126-99-8
Cresols (mixed).........................................       1319-77-3
DDE.....................................................       3547-04-4
Dichloroethyl ether.....................................        111-44-4
Dichlorvos..............................................         62-73-7
Epichlorohydrin.........................................        106-89-8
Ethyl acrylate..........................................        140-88-5
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene oxide..........................................         75-21-8
Ethylene thiourea.......................................         96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..............         75-34-3
Formaldehyde............................................         50-00-0
Heptachlor..............................................         76-44-8
Hexachlorobenzene.......................................        118-74-1
Hexachlorobutadiene.....................................         87-68-3
Hexachloroethane........................................         67-72-1
Hydrazine...............................................        302-01-2
Isophorone..............................................         78-59-1
Lindane (hexachlorocyclohexane, all isomers)............         58-89-9
m-Cresol................................................        108-39-4
Methylene chloride......................................         75-09-2
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
Nitrosodimethylamine....................................         62-75-9
o-Cresol................................................         95-48-7
o-Toluidine.............................................         95-53-4
Parathion...............................................         56-38-2
p-Cresol................................................        106-44-5
p-Dichlorobenzene.......................................        106-46-7
Pentachloronitrobenzene.................................         82-68-8
Pentachlorophenol.......................................         87-86-5
Propoxur................................................        114-26-1
Propylene dichloride....................................         78-87-5
Propylene oxide.........................................         75-56-9
Quinoline...............................................         91-22-5
Tetrachloroethene.......................................        127-18-4
Toxaphene...............................................       8001-35-2
Trichloroethylene.......................................         79-01-6
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------


0
22. Appendix A to Subpart IIII of part 63 is amended by revising 
sections 2.1, 2.2, and 4.1 and the definitions of ``Ws, i'' 
and ``Wvocc, i'' in Equation A-6 in section 4.2 to read as 
follows:

Appendix A to Subpart IIII of Part 63--Determination of Capture 
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions 
From Solvent-Borne Coatings Using Panel Testing

* * * * *
    2.1 You may conduct panel testing to determine the capture 
efficiency of spray booth emissions. You must follow the 
instructions and calculations in this appendix A, and use the panel 
testing procedures in ASTM Method D5087-02 (incorporated by 
reference, see Sec.  63.14), or the guidelines presented in 
``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14). You must weigh panels at the points described in section 2.5 
of this appendix A and perform calculations as described in sections 
3 and 4 of this appendix A. You may

[[Page 41138]]

conduct panel tests on the production paint line in your facility or 
in a laboratory simulation of the production paint line in your 
facility.
    2.2 You may conduct panel testing on representative coatings as 
described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (incorporated by reference, see Sec.  
63.14). If you panel test representative coatings, then you may 
calculate either a unique percent capture efficiency value for each 
coating grouped with that representative coating, or a composite 
percent capture efficiency value for the group of coatings. If you 
panel test each coating, then you must convert the panel test result 
for each coating to a unique percent capture efficiency value for 
that coating.
* * * * *
    4.1 If you panel test representative coatings, then you may 
convert the panel test result for each representative coating from 
section 3.3 of this appendix A either to a unique percent capture 
efficiency value for each coating grouped with that representative 
coating by using coating specific values for the mass fraction 
coating solids and mass fraction VOC in section 4.2 of this appendix 
A, or to a composite percent capture efficiency value for the group 
of coatings by using the average values for the group of coatings 
for mass fraction coating solids and mass fraction VOC in section 
4.2 of this appendix A. If you panel test each coating, then you 
must convert the panel test result for each coating to a unique 
percent capture efficiency value by using coating specific values 
for the mass fraction coating solids and mass fraction VOC in 
section 4.2 of this appendix A. The mass fraction of VOC in the 
coating and the mass fraction of solids in the coating must be 
determined by EPA Method 24 (appendix A-7 to 40 CFR part 60) or by 
following the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
the Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 
(incorporated by reference, see Sec.  63.14).
    4.2 * * *

Ws, i = Mass fraction of coating solids for coating, i, 
or average mass fraction of coating solids for the group of coatings 
including coating, i, grams coating solids per gram coating, 
determined by EPA Method 24 (appendix A-7 to 40 CFR part 60) or by 
following the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
the Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 
(incorporated by reference, see Sec.  63.14).
Wvocc, i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings including coating, i, 
grams VOC per grams coating, determined by EPA Method 24 (appendix 
A-7 to 40 CFR part 60) or the guidelines for combining analytical 
VOC content and formulation solvent content presented in ``Protocol 
for Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-
018 (incorporated by reference, see Sec.  63.14).

* * * * *

Subpart MMMM--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and 
Products

0
23. Section 63.3900 is amended by revising paragraphs (a)(2)(i) and 
(ii), (b), and (c) to read as follows:


Sec.  63.3900  What are my general requirements for complying with this 
subpart?

    (a) * * *
    (2) * * *
    (i) Before January 5, 2021, the coating operation(s) must be in 
compliance with the applicable emission limit in Sec.  63.3890 at all 
times except during periods of SSM. On or after January 5, 2021, you 
must be in compliance with the applicable emission limits in Sec.  63. 
3890 and the operating limits in table 1 of this subpart at all times.
    (ii) Before January 5, 2021, the coating operation(s) must be in 
compliance with the operating limits for emission capture systems and 
add-on control devices required by Sec.  63.3892 at all times except 
during periods of SSM and except for solvent recovery systems for which 
you conduct liquid-liquid material balances according to Sec.  
63.3961(j). On or after January 5, 2021, the coating operation(s) must 
be in compliance with the operating limits for emission capture systems 
and add-on control devices required by Sec.  63.3892 at all times, 
except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec.  63.3961(j).
* * * * *
    (b) Before January 5, 2021, you must always operate and maintain 
your affected source, including all air pollution control and 
monitoring equipment you use for purposes of complying with this 
subpart, according to the provisions in Sec.  63.6(e)(1)(i). On and 
after January 5, 2021, at all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator that may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
affected source.
    (c) Before January 5, 2021, if your affected source uses an 
emission capture system and add-on control device, you must develop a 
written SSMP according to the provisions in Sec.  63.6(e)(3). The plan 
must address the startup, shutdown, and corrective actions in the event 
of a malfunction of the emission capture system or the add-on control 
device. The plan must also address any coating operation equipment that 
may cause increased emissions or that would affect capture efficiency 
if the process equipment malfunctions, such as conveyors that move 
parts among enclosures. On and after January 5, 2021, the SSMP is not 
required.

0
24. Section 63.3920 is amended by:
0
a. Revising paragraphs (a)(5) introductory text and (a)(5)(i) and (iv);
0
b. Adding paragraph (a)(5)(v);
0
c. Revising paragraphs (a)(6) introductory text and (a)(6)(iii);
0
d. Adding paragraph (a)(6)(iv);
0
e. Revising paragraphs (a)(7) introductory text and (a)(7)(iii), (vi) 
through (viii), (x), (xiii), and (xiv);
0
f. Adding paragraph (a)(7)(xv);
0
g. Revising paragraph (c) introductory text; and
0
h. Adding paragraphs (d) through (h).

    The revisions and additions read as follows:


Sec.  63.3920  What reports must I submit?

    (a) * * *
    (5) Deviations: Compliant material option. If you used the 
compliant material option and there was a deviation from the applicable 
organic HAP content requirements in Sec.  63.3890, the semiannual 
compliance report must contain the information in paragraphs (a)(5)(i) 
through (v) of this section.
    (i) Identification of each coating used that deviated from the 
applicable emission limit, and each thinner and/or other additive, and 
cleaning material used that contained organic HAP, and the dates, time 
and duration each was used.
* * * * *
    (iv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation

[[Page 41139]]

(including unknown cause, if applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec.  63.3890, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec.  63.3900(b).
    (6) Deviations: Emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.3890, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iv) of this section.
* * * * *
    (iii) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (iv) On and after January 5, 2021, the number of deviations and, 
for each deviation, the date, time, duration, a list of the affected 
source or equipment, an estimate of the quantity of each regulated 
pollutant emitted over any applicable emission limit in Sec.  63.3890, 
a description of the method used to estimate the emissions, and the 
actions you took to minimize emissions in accordance with Sec.  
63.3900(b).
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from the applicable emission limit in Sec.  63.3890 or the 
applicable operating limit(s) in table 1 to this subpart (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), before January 5, 2021, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xiv) of this section. This includes periods of SSM during 
which deviations occurred. On and after January 5, 2021, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xii), (xiv), and (xv) of this section. If you use the emission 
rate with add-on controls option and there was a deviation from the 
applicable work practice standards in Sec.  63.3893(b), the semiannual 
compliance report must contain the information in paragraph 
(a)(7)(xiii) of this section.
* * * * *
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
* * * * *
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, the number of instances that the CPMS was 
inoperative, and for each instance, except for zero (low-level) and 
high-level checks, the date, time, and duration that the CPMS was 
inoperative; the cause (including unknown cause) for the CPMS being 
inoperative; and the actions you took to minimize emissions in 
accordance with Sec.  63.3900(b).
    (vii) Before January 5, 2021, the date, time, and duration that 
each CPMS was out-of-control, including the information in Sec.  
63.8(c)(8). On and after January 5, 2021, the number of instances that 
the CPMS was out of control as specified in Sec.  63.8(c)(7) and, for 
each instance, the date, time, and duration that the CPMS was out-of-
control; the cause (including unknown cause) for the CPMS being out-of-
control; and descriptions of corrective actions taken.
    (viii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of any bypass of the add-on control device; and whether 
each deviation occurred during a period of SSM or during another 
period. On and after January 5, 2021, the number of deviations from an 
operating limit in table 1 to this subpart and, for each deviation, the 
date, time, and duration of each deviation; and the date, time, and 
duration of any bypass of the add-on control device.
* * * * *
    (x) Before January 5, 2021, a breakdown of the total duration of 
the deviations from the operating limits in table 1 of this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from the operating limits in Table 1 to this subpart 
and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
* * * * *
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards, a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(7)(xiii)(A) and (B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec.  63.3900(b).
    (B) The description required in paragraph (a)(7)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable).
    (xiv) Before January 5, 2021, statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an 
emission limit in Sec.  63.3890 or an operating limit in table 1 to 
this subpart, a statement of the cause of each deviation (including 
unknown cause, if applicable) and the actions you took to minimize 
emissions in accordance with Sec.  63.3900(b).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limit in Sec.  63.3890 or operating limit in table 1 to this 
subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec.  63.3890 or operating 
limit in table 1 to this subpart, and a description of the method used 
to estimate the emissions.
* * * * *
    (c) SSM reports. Before January 5, 2021, if you used the emission 
rate with add-on controls option and you had a SSM during the 
semiannual reporting period, you must submit the reports specified in 
paragraphs (c)(1) and (2) of this section. On and after January 5, 
2021, the reports specified in paragraphs (c)(1) and (2) of this 
section are not required.
* * * * *
    (d) Performance test reports. On and after January 5, 2021, you 
must submit the results of the performance test required in Sec. Sec.  
63.3940 and 63.3950 following the procedure specified in paragraphs 
(d)(1) through (3) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test,

[[Page 41140]]

you must submit the results of the performance test to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI). The CEDRI 
interface can be accessed through the EPA's Central Data Exchange (CDX) 
(https://cdx.epa.gov//). Performance test data must be submitted in a 
file format generated through the use of the EPA's ERT or an alternate 
electronic file format consistent with the extensible markup language 
(XML) schema listed on the EPA's ERT website.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information 
being submitted under paragraph (d)(1) of this section is Confidential 
Business Information (CBI), you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website, 
including information claimed to be CBI, on a compact disc, flash 
drive, or other commonly used electronic storage medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via 
the EPA's CDX as described in paragraph (d)(1) of this section.
    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec.  63.9(b) and the notification of compliance status required in 
Sec. Sec.  63.9(h) and 63.3910(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete 
report generated using the appropriate form in CEDRI or an alternate 
electronic file consistent with the XML schema listed on the EPA's 
CEDRI website, including information claimed to be CBI, on a compact 
disc, flash drive, or other commonly used electronic storage medium to 
the EPA. The electronic medium shall be clearly marked as CBI and 
mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. The CEDRI interface can be accessed through 
the EPA's CDX (https://cdx.epa.gov/). The owner or operator must use 
the appropriate electronic template on the CEDRI website for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). The date report templates become available will be 
listed on the CEDRI website. If the reporting form for the semiannual 
compliance report specific to this subpart is not available in CEDRI at 
the time that the report is due, you must submit the report to the 
Administrator at the appropriate addresses listed in Sec.  63.13. Once 
the form has been available in CEDRI for 1 year, you must begin 
submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted. Owners or operators who 
claim that some of the information required to be submitted via CEDRI 
is CBI shall submit a complete report generated using the appropriate 
form in CEDRI or an alternate electronic file consistent with the XML 
schema listed on the EPA's CEDRI website, including information claimed 
to be CBI, on a compact disc, flash drive, or other commonly used 
electronic storage medium to the EPA. The electronic medium shall be 
clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old 
Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be 
submitted to the EPA via the EPA's CDX as described earlier in this 
paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to 
the date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You 
must provide to the Administrator a written description identifying the 
date, time, and length of the outage; a rationale for attributing the 
delay in reporting beyond the regulatory deadline to the EPA system 
outage; describe the measures taken or to be taken to minimize the 
delay in reporting; and identify a date by which you propose to report, 
or if you have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage 
is resolved. The decision to accept the claim of the EPA system outage 
and allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to 
submit a report electronically within the time period prescribed. 
Examples of such events are acts of nature (e.g., hurricanes, 
earthquakes, or floods), acts of war or terrorism, or equipment failure 
or safety hazard beyond the control of the affected facility (e.g., 
large scale power outage). If you intend to assert a

[[Page 41141]]

claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after 
the force majeure event occurs. The decision to accept the claim of 
force majeure and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.

0
25. Section 63.3930 is amended by revising paragraphs (j), (k) 
introductory text, and (k)(1) and (2) to read as follows:


Sec.  63.3930  What records must I keep?

* * * * *
    (j) Before January 5, 2021, you must keep records of the date, 
time, and duration of each deviation. On and after January 5, 2021, for 
each deviation from an emission limitation reported under Sec.  
63.3920(a)(5) through (7), a record of the information specified in 
paragraphs (j)(1) through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported 
under Sec.  63.3920(a)(5) through (7).
    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec.  63.3920(a)(5) through (7).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec.  63.3890 or any applicable 
operating limit in table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec.  
63.3920(a)(5) through (7).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec.  63.3900(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (k) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (k)(1) through (8) 
of this section.
    (1) Before January 5, 2021, for each deviation, a record of whether 
the deviation occurred during a period of SSM. On and after January 5, 
2021, a record of whether the deviation occurred during a period of SSM 
is not required.
    (2) Before January 5, 2021, the records in Sec.  63.6(e)(3)(iii) 
through (v) related to SSM. On and after January 5, 2021, the records 
in Sec.  63.6(e)(3)(iii) through (v) related to SSM are not required.
* * * * *

0
26. Section 63.3931 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.3931  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1). Where 
appropriate, the records may be maintained as electronic spreadsheets 
or as a database. On and after January 5, 2021, any records required to 
be maintained by this subpart that are in reports that were submitted 
electronically via the EPA's CEDRI may be maintained in electronic 
format. This ability to maintain electronic copies does not affect the 
requirement for facilities to make records, data, and reports available 
upon request to a delegated air agency or the EPA as part of an on-site 
compliance evaluation.
* * * * *

0
27. Section 63.3941 is amended by revising paragraphs (a)(1)(i), 
(a)(4), (b)(1), the definition of ``Davg'' in Equation 1 of 
paragraph (b)(4), and paragraph (c) to read as follows:


Sec.  63.3941  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (a) * * *
    (1) * * *
    (i) Count each organic HAP in table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 
percent by mass or more for other compounds. For example, if toluene 
(not listed in table 5 to this subpart) is measured to be 0.5 percent 
of the material by mass, you do not have to count it. Express the mass 
fraction of each organic HAP you count as a value truncated to four 
places after the decimal point (e.g., 0.3791).
* * * * *
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP in table 5 to this subpart that is present at 0.1 percent by mass 
or more and at 1.0 percent by mass or more for other compounds. For 
example, if toluene (not listed in table 5 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. For 
reactive adhesives in which some of the HAP react to form solids and 
are not emitted to the atmosphere, you may rely on manufacturer's data 
that expressly states the organic HAP or volatile matter mass fraction 
emitted. If there is a disagreement between such information and 
results of a test conducted according to paragraphs (a)(1) through (3) 
of this section, then the test method results will take precedence 
unless, after consultation, you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
* * * * *
    (b) * * *
    (1) ASTM Method D2697-03 (Reapproved 2014) or D6093-97 (Reapproved 
2016). You may use ASTM D2697-03 (Reapproved 2014) (incorporated by 
reference, see Sec.  63.14), or D6093-97 (Reapproved 2016) 
(incorporated by reference, see Sec.  63.14), to determine the volume 
fraction of coating solids for each coating. Divide the nonvolatile 
volume percent obtained with the methods by 100 to calculate volume 
fraction of coating solids.
* * * * *
    (4) * * *

Davg = Average density of volatile matter in the coating, 
grams volatile matter per liter volatile matter, determined from 
test results using ASTM D1475-13 (incorporated by reference, see 
Sec.  63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between ASTM 
D1475-13 test results and other information sources, the test 
results will take precedence unless, after consultation you 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM D1475-13 (incorporated by reference, see Sec.  63.14), information 
from the supplier or manufacturer of the material, or specific gravity 
data for pure chemicals. If there is disagreement between ASTM D1475-13 
test results and the supplier's or manufacturer's information, the test 
results will take precedence unless, after consultation you demonstrate 
to the satisfaction of the enforcement agency that the formulation data 
are correct.
* * * * *

0
28. Section 63.3951 is amended by revising paragraph (c) to read as 
follows:

[[Page 41142]]

Sec.  63.3951  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (c) Determine the density of each material. Determine the density 
of each liquid coating, thinner and/or other additive, and cleaning 
material used during each month from test results using ASTM D1475-13 
or ASTM D2111-10 (Reapproved 2015) (both incorporated by reference, see 
Sec.  63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If you are including powder coatings in the 
compliance determination, determine the density of powder coatings, 
using ASTM D5965-02 (Reapproved 2013) (incorporated by reference, see 
Sec.  63.14), or information from the supplier. If there is 
disagreement between ASTM D1475-13 or ASTM D2111-10 (Reapproved 2015) 
test results and other such information sources, the test results will 
take precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct. If you purchase materials or monitor consumption by weight 
instead of volume, you do not need to determine material density. 
Instead, you may use the material weight in place of the combined terms 
for density and volume in Equations 1A, 1B, 1C, and 2 of this section.
* * * * *

0
29. Section 63.3960 is amended by revising paragraphs (a)(1) and (4), 
(b)(1), and (c) introductory text to read as follows:


Sec.  63.3960  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) * * *
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3883. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3961(j), you must conduct according to the schedule in 
paragraphs (a)(1)(i) and (ii) of this section initial and periodic 
performance tests of each capture system and add-on control device 
according to the procedures in Sec. Sec.  63.3964, 63.3965, and 63.3966 
and establish the operating limits required by Sec.  63.3892. For a 
solvent recovery system for which you conduct liquid-liquid material 
balances according to Sec.  63.3961(j), you must initiate the first 
material balance no later than the applicable compliance date specified 
in Sec.  63.3883. For magnet wire coating operations, you may, with 
approval, conduct a performance test of one representative magnet wire 
coating machine for each group of identical or very similar magnet wire 
coating machines.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec.  63.3892 no later than 180 days after 
the applicable compliance date specified in Sec.  63.3883.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec.  63.3892 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 2023, unless you are already required 
to complete periodic performance tests as a requirement of renewing 
your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 
and have conducted a performance test on or after July 8, 2018. 
Thereafter you must conduct a performance test no later than 5 years 
following the previous performance test. Operating limits must be 
confirmed or reestablished during each performance test. For any 
control device for which you are using the catalytic oxidizer control 
option at Sec.  63.3967(b) and following the catalyst maintenance 
procedures in Sec.  63.3967(b)(4), you are not required to conduct 
periodic testing control device performance testing as specified by 
this paragraph. For any control device for which instruments are used 
to continuously measure organic compound emissions, you are not 
required to conduct periodic control device performance testing as 
specified by this paragraph.
* * * * *
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec.  63.3892 until after you have 
completed the initial performance tests specified in paragraph (a)(1) 
of this section. Instead, you must maintain a log detailing the 
operation and maintenance of the emission capture system, add-on 
control device, and continuous parameter monitors during the period 
between the compliance date and the performance test. You must begin 
complying with the operating limits established based on the initial 
performance tests specified in paragraph (a)(1) of this section for 
your affected source on the date you complete the performance tests. 
For magnet wire coating operations, you must begin complying with the 
operating limits for all identical or very similar magnet wire coating 
machines on the date you complete the performance test of a 
representative magnet wire coating machine. The requirements in this 
paragraph (a)(4) do not apply to solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements 
in Sec.  63.3961(j).
    (b) * * *
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3883. Except for magnet wire coating 
operations and solvent recovery systems for which you conduct liquid-
liquid material balances according to Sec.  63.3961(j), you must 
conduct according to the schedule in paragraphs (b)(1)(i) and (ii) of 
this section initial and periodic performance tests of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.3964, 63.3965, and 63.3966 and establish the operating 
limits required by Sec.  63.3892. For magnet wire coating operations, 
you may, with approval, conduct a performance test of a single magnet 
wire coating machine that represents identical or very similar magnet 
wire coating machines. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.3961(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.3883.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec.  63.3892 no later than 180 days after 
the applicable compliance date specified in Sec.  63.3883.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec.  63.3892 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 2020, unless you are already required 
to complete periodic performance tests as a requirement of renewing 
your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 
and have conducted a performance test on or after July 8, 2018. 
Thereafter you must conduct a performance test no later than 5 years 
following the previous performance test. Operating limits must be 
confirmed or reestablished during each performance test. For any 
control device for which you are using the catalytic oxidizer control 
option at Sec.  63.3967(b) and following the catalyst maintenance 
procedures in Sec.  63.3967(b)(4), you are not required to conduct 
periodic testing

[[Page 41143]]

control device performance testing as specified by this paragraph. For 
any control device for which instruments are used to continuously 
measure organic compound emissions, you are not required to conduct 
periodic control device performance testing as specified by this 
paragraph.
* * * * *
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of 
a performance test that has been previously conducted on that capture 
system or control device. Any such previous tests must meet the 
conditions described in paragraphs (c)(1) through (3) of this section. 
You are still required to conduct a periodic performance test according 
to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) 
of this section.
* * * * *

0
30. Section 63.3961 is amended by revising paragraph (j)(3) to read as 
follows:


Sec.  63.3961  How do I demonstrate initial compliance?

* * * * *
    (j) * * *
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner and/or other additive, and cleaning material used in 
the coating operation controlled by the solvent recovery system during 
the month, kg volatile organic matter per kg coating. You may determine 
the volatile organic matter mass fraction using EPA Method 24 of 40 CFR 
part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015) \e\ 
(incorporated by reference, see Sec.  63.14), or an EPA approved 
alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of EPA Method 24 of 40 CFR part 60, appendix 
A-7, ASTM D2369-10 (Reapproved 2015) \e\, or an approved alternative 
method, the test method results will take precedence unless, after 
consultation you demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.
* * * * *

0
31. Section 63.3963 is amended by revising paragraph (f) and adding 
paragraph (i) to read as follows:


Sec.  63.3963  How do I demonstrate continuous compliance with the 
emission limitations?

* * * * *
    (f) As part of each semiannual compliance report required in Sec.  
63.3920, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limits in Sec.  63.3890, the operating 
limits in Sec.  63.3892, and the work practice standards in Sec.  
63.3893, submit a statement that you were in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec.  63.3890, and you achieved the 
operating limits required by Sec.  63.3892 and the work practice 
standards required by Sec.  63.3893 during each compliance period.
* * * * *
    (i) On and after January 5, 2021, deviations that occur due to 
malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency are required to operate in accordance with Sec.  63.3900(b). 
The Administrator will determine whether the deviations are violations 
according to the provisions in Sec.  63.3900(b).
* * * * *

0
32. Section 63.3964 is amended by revising paragraphs (a) introductory 
text and (a)(1) to read as follows:


Sec.  63.3964  What are the general requirements for performance tests?

    (a) Before January 5, 2021, you must conduct each performance test 
required by Sec.  63.3960 according to the requirements in Sec.  
63.7(e)(1) and under the conditions in this section, unless you obtain 
a waiver of the performance test according to the provisions in Sec.  
63.7(h). On and after January 5, 2021, you must conduct each 
performance test required by Sec.  63.3960 according to the 
requirements in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or periods of nonoperation do not constitute representative 
conditions for purposes of conducting a performance test. The owner or 
operator may not conduct performance tests during periods of 
malfunction. You must record the process information that is necessary 
to document operating conditions during the test and explain why the 
conditions represent normal operation. Upon request, you must make 
available to the Administrator such records as may be necessary to 
determine the conditions of performance tests.
* * * * *

0
33. Section 63.3965 is amended by revising the introductory text to 
read as follows:


Sec.  63.3965  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of each performance test required 
by Sec.  63.3960.
* * * * *

0
34. Section 63.3966 is amended by revising the introductory text and 
paragraph (b) to read as follows:


Sec.  63.3966  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.3960. 
For each performance test, you must conduct three test runs as 
specified in Sec.  63.7(e)(3) and each test run must last at least 1 
hour. If the source is a magnet wire coating machine, you may use the 
procedures in section 3.0 of appendix A to this subpart as an 
alternative.
* * * * *
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60.
    (1) Use EPA Method 25 of appendix A-7 to 40 CFR part 60 if the add-
on control device is an oxidizer and you expect the total gaseous 
organic concentration as carbon to be more than 50 parts per million 
(ppm) at the control device outlet.
    (2) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the 
add-on control device is an oxidizer and you expect the total gaseous 
organic concentration as carbon to be 50 ppm or less at the control 
device outlet.
    (3) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the 
add-on control device is not an oxidizer.
    (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
* * * * *

[[Page 41144]]


0
35. Section 63.3967 is amended by revising paragraphs (a)(1) and (2), 
(b)(1) through (3), (d)(1) and (2), and (e)(1) through (4) to read as 
follows:


Sec.  63.3967  How do I establish the emission capture system and add-
on control device operating limits during the performance test?

* * * * *
    (a) * * *
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. This average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.
    (b) * * *
    (1) During performance tests, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. These are the 
minimum operating limits for your catalytic oxidizer.
    (3) You must monitor the temperature at the inlet to the catalyst 
bed and implement a site-specific inspection and maintenance plan for 
your catalytic oxidizer as specified in paragraph (b)(4) of this 
section. During the performance test, you must monitor and record the 
temperature just before the catalyst bed at least once every 15 minutes 
during each of the three test runs. For each performance test, use the 
data collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
* * * * *
    (d) * * *
    (1) During performance tests, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (e) * * *
    (1) During performance tests, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption concentrate gas 
stream temperature.
    (3) During performance tests, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) For each performance test, use the data collected during the 
performance test to calculate and record the average pressure drop. 
This is the minimum operating limit for the dilute stream across the 
concentrator.
* * * * *

0
36. Section 63.3968 is amended by revising paragraphs (a)(4), (5), and 
(7), and (c)(3) introductory text to read as follows:


Sec.  63.3968  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) * * *
    (4) Before January 5, 2021, you must maintain the CPMS at all times 
and have available necessary parts for routine repairs of the 
monitoring equipment. On and after January 5, 2021, you must maintain 
the CPMS at all times in accordance with Sec.  63.3900(b) and keep 
necessary parts readily available for routine repairs of the monitoring 
equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times in accordance with 
Sec.  63.3900(b).
* * * * *
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out-of-control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities, any period 
for which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(5) of this section, or generates data that 
cannot be included in calculating averages as specified in (a)(6) of 
this section constitutes a deviation from the monitoring requirements.
* * * * *
    (c) * * *
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of 
this section for each gas temperature monitoring device. For the 
purposes of this paragraph (c)(3), a thermocouple is part of the 
temperature sensor.
* * * * *

0
37. Section 63.3981 is amended by revising the definitions of 
``Deviation'' and ``Non-HAP coating'' to read as follows:


Sec.  63.3981  What definitions apply to this subpart?

* * * * *
    Deviation means:
    (1) Before January 5, 2021, any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to, any emission limit or operating 
limit or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (iii) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, any instance in which an affected 
source subject to this subpart or an owner or operator of such a 
source:

[[Page 41145]]

    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to any emission limit, operating 
limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
* * * * *
    Non-HAP coating means, for the purposes of this subpart, a coating 
that contains no more than 0.1 percent by mass of any individual 
organic HAP that is listed in Table 5 to this subpart and no more than 
1.0 percent by mass for any other individual HAP.
* * * * *

0
38. Table 2 to Subpart MMMM of part 63 is revised to read as follows:

       Table 2 to Subpart MMMM of Part 63--Applicability of General Provisions to Subpart MMMM of Part 63
      You must comply with the applicable General Provisions requirements according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    MMMM                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14)...............  General Applicability..  Yes....................
Sec.   63.1(b)(1)-(3)................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart MMMM is also
                                                                                          specified in Sec.
                                                                                          63.3881.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)-(3)................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources.                                          MMMM.
Sec.   63.1(c)(4)-(5)................  Extensions and           Yes....................
                                        Notifications.
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.3981.
Sec.   63.1(a)-(c)...................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(5)................  Prohibited Activities..  Yes....................
Sec.   63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Severability.
Sec.   63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.5(b)(1)-(6)................  Requirements for         Yes....................
                                        Existing Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.   63.5(d).......................  Application for          Yes....................
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.   63.6(a).......................  Compliance With          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec.   63.6(b)(1)-(7)................  Compliance Dates for     Yes....................  Section 63.3883
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.   63.6(c)(1)-(5)................  Compliance Dates for     Yes....................  Section 63.3883
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.
Sec.   63.6(e)(1)-(2)................  Operation and            Yes before January 5,    See Sec.   63.3900(b)
                                        Maintenance.             2021. No on and after    for general duty
                                                                 January 5, 2021.         requirement.
Sec.   63.6(e)(3)....................  SSMP...................  Yes before January 5,
                                                                 2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(1)....................  Compliance Except        Yes before January 5,
                                        During SSM.              2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(2)-(3)................  Methods for Determining  Yes....................
                                        Compliance..
Sec.   63.6(g)(1)-(3)................  Use of an Alternative    Yes....................
                                        Standard.
Sec.   63.6(h).......................  Compliance With Opacity/ No.....................  Subpart MMMM does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(16)...............  Extension of Compliance  Yes....................
Sec.   63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec.   63.7(a)(1)....................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.3964,
                                                                                          63.3965, and 63.3966.

[[Page 41146]]

 
Sec.   63.7(a)(2)....................  Performance Test         Yes....................  Applies only to
                                        Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Section 63.3960
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec.   63.7(a)(3)-(4)................  Performance Tests        Yes....................
                                        Required By the
                                        Administrator, Force
                                        Majeure.
Sec.   63.7(b)-(d)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Notifica                            performance tests for
                                        tion, Quality                                     capture system and add-
                                        Assurance, Facilities                             on control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing, Conditions                               using these to comply
                                        During Test.                                      with the standard.
Sec.   63.7(e)(1)....................  Conduct of Performance   Yes before January 5,    See Sec.  Sec.
                                        Tests.                   2021. No on and after    63.3964.
                                                                 January 5, 2021.
Sec.   63.7(e)(2)-(4)................  Conduct of Performance   Yes....................
                                        Tests.
Sec.   63.7(f).......................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use of                              methods except those
                                        Alternative Test                                  used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
Sec.   63.7(g)-(h)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and add-
                                        Recordkeeping,                                    on control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             using these to comply
                                                                                          with the standard.
Sec.   63.8(a)(1)-(3)................  Monitoring               Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.3968.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart MMMM does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)....................  Continuous Monitoring    Yes before January 5,    Section 63.3968
                                        System (CMS) Operation   2021. No on and after    specifies the
                                        and Maintenance.         January 5, 2021.         requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(2)-(3)................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.3968.
Sec.   63.8(c)(4)....................  CMS....................  No.....................  Sec.   63.3968
                                                                                          specifies the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(5)....................  COMS...................  No.....................  Subpart MMMM does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)....................  CMS Requirements.......  No.....................  Section 63.3968
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(7)....................  CMS Out-of-Control       Yes....................
                                        Periods.
Sec.   63.8(c)(8)....................  CMS Out-of-Control       No.....................  Sec.   63.3920 requires
                                        Periods and Reporting.                            reporting of CMS out-
                                                                                          of-control periods.

[[Page 41147]]

 
Sec.   63.8(d)-(e)...................  Quality Control Program  No.....................  Subpart MMMM does not
                                        and CMS Performance                               require the use of
                                        Evaluation.                                       continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec.   63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart MMMM does not
                                        Accuracy Test.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(g)(1)-(5)................  Data Reduction.........  No.....................  Sections 63.3967 and
                                                                                          63.3968 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec.   63.9(a)-(d)...................  Notification             Yes....................
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................  Applies only to capture
                                        Performance Test.                                 system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard.
Sec.   63.9(f).......................  Notification of Visible  No.....................  Subpart MMMM does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emissions
                                                                                          standards.
Sec.   63.9(g)(1)-(3)................  Additional               No.....................  Subpart MMMM does not
                                        Notifications When                                require the use of
                                        Using CMS.                                        continuous emissions
                                                                                          monitoring systems.
Sec.   63.9(h).......................  Notification of          Yes....................  Section 63.3910
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec.   63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          Sec.   63.3930 and
                                                                                          63.3931.
Sec.   63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before January 5,    See Sec.   63.3930(j).
                                        Occurrence and           2021. No on and after
                                        Duration of Startups     January 5, 2021.
                                        and Shutdowns and of
                                        Failures to Meet
                                        Standards.
Sec.   63.10(b)(2)(iii)..............  Recordkeeping Relevant   Yes....................  Sec.
                                        to Maintenance of Air                             63.10(b)(2)(iii).
                                        Pollution Control and
                                        Monitoring Equipment.
Sec.   63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before January 5,    See Sec.   63.3930(j)
                                        Minimize Emissions       2021. No on and after    for a record of
                                        During SSM.              January 5, 2021.         actions taken to
                                                                                          minimize emissions
                                                                                          duration a deviation
                                                                                          from the standard.
Sec.   63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before January 5,    See Sec.   63.3930(j)
                                        Malfunctions.            2021. No on and after    for records of periods
                                                                 January 5, 2021.         of deviation from the
                                                                                          standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(b)(2)(xii)..............  Records................  Yes....................
Sec.   63.10(b)(2)(xiii).............  .......................  No.....................  Subpart MMMM does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(b)(2)(xiv)..............  .......................  Yes....................
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)(1)-(6)...............  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(7)-(8)...............  Additional               No.....................  See Sec.   63.3930(j)
                                        Recordkeeping                                     for records of periods
                                        Requirements for                                  of deviation from the
                                        Sources with CMS.                                 standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(c)(10)-(14).............  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(15)..................  Records Regarding the    Yes before January 5,
                                        SSMP.                    2021. No on and after
                                                                 January 5, 2021.

[[Page 41148]]

 
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.3920.
Sec.   63.10(d)(2)...................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                           63.3920(b) and (d).
Sec.   63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart MMMM does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec.   63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources With
                                        Compliance Extensions.
Sec.   63.10(d)(5)...................  SSM Reports............  Yes before January 5,    See Sec.   63.3920
                                                                 2021. No on and after    (a)(7) and (c).
                                                                 January 5, 2021.
Sec.   63.10(e)(1)-(2)...............  Additional CMS Reports.  No.....................  Subpart MMMM does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     No.....................  Section 63.3920(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart MMMMM does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.   63.11.........................  Control Device           No.....................  Subpart MMMM does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
Sec.   63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  IBR....................  Yes....................
Sec.   63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


0
39. Table 5 to Subpart MMMM of part 63 is added to read as follows:

  Table 5 to Subpart MMMM of Part 63--List of HAP That Must Be Counted
  Toward Total Organic HAP Content If Present at 0.1 Percent or More by
                                  Mass
------------------------------------------------------------------------
                      Chemical Name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...............................         79-34-5
1,1,2-Trichloroethane...................................         79-00-5
1,1-Dimethylhydrazine...................................         57-14-7
1,2-Dibromo-3-chloropropane.............................         96-12-8
1,2-Diphenylhydrazine...................................        122-66-7
1,3-Butadiene...........................................        106-99-0
1,3-Dichloropropene.....................................        542-75-6
1,4-Dioxane.............................................        123-91-1
2,4,6-Trichlorophenol...................................         88-06-2
2,4/2,6-Dinitrotoluene (mixture)........................      25321-14-6
2,4-Dinitrotoluene......................................        121-14-2
2,4-Toluene diamine.....................................         95-80-7
2-Nitropropane..........................................         79-46-9
3,3'-Dichlorobenzidine..................................         91-94-1
3,3'-Dimethoxybenzidine.................................        119-90-4
3,3'-Dimethylbenzidine..................................        119-93-7
4,4'-Methylene bis(2-chloroaniline).....................        101-14-4
Acetaldehyde............................................         75-07-0
Acrylamide..............................................         79-06-1
Acrylonitrile...........................................        107-13-1
Allyl chloride..........................................        107-05-1
alpha-Hexachlorocyclohexane (a-HCH).....................        319-84-6
Aniline.................................................         62-53-3
Benzene.................................................         71-43-2
Benzidine...............................................         92-87-5
Benzotrichloride........................................         98-07-7
Benzyl chloride.........................................        100-44-7
beta-Hexachlorocyclohexane (b-HCH)......................        319-85-7
Bis(2-ethylhexyl)phthalate..............................        117-81-7
Bis(chloromethyl)ether..................................        542-88-1

[[Page 41149]]

 
Bromoform...............................................         75-25-2
Captan..................................................        133-06-2
Carbon tetrachloride....................................         56-23-5
Chlordane...............................................         57-74-9
Chlorobenzilate.........................................        510-15-6
Chloroform..............................................         67-66-3
Chloroprene.............................................        126-99-8
Cresols (mixed).........................................       1319-77-3
DDE.....................................................       3547-04-4
Dichloroethyl ether.....................................        111-44-4
Dichlorvos..............................................         62-73-7
Epichlorohydrin.........................................        106-89-8
Ethyl acrylate..........................................        140-88-5
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene oxide..........................................         75-21-8
Ethylene thiourea.......................................         96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..............         75-34-3
Formaldehyde............................................         50-00-0
Heptachlor..............................................         76-44-8
Hexachlorobenzene.......................................        118-74-1
Hexachlorobutadiene.....................................         87-68-3
Hexachloroethane........................................         67-72-1
Hydrazine...............................................        302-01-2
Isophorone..............................................         78-59-1
Lindane (hexachlorocyclohexane, all isomers)............         58-89-9
m-Cresol................................................        108-39-4
Methylene chloride......................................         75-09-2
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
Nitrosodimethylamine....................................         62-75-9
o-Cresol................................................         95-48-7
o-Toluidine.............................................         95-53-4
Parathion...............................................         56-38-2
p-Cresol................................................        106-44-5
p-Dichlorobenzene.......................................        106-46-7
Pentachloronitrobenzene.................................         82-68-8
Pentachlorophenol.......................................         87-86-5
Propoxur................................................        114-26-1
Propylene dichloride....................................         78-87-5
Propylene oxide.........................................         75-56-9
Quinoline...............................................         91-22-5
Tetrachloroethene.......................................        127-18-4
Toxaphene...............................................       8001-35-2
Trichloroethylene.......................................         79-01-6
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------

Subpart NNNN--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Large Appliances

0
40. Section 63.4168 is amended by adding paragraphs (c)(3)(i) through 
(vii) to read as follows:


Sec.  63.4168  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

* * * * *
    (c) * * *
    (3) * * *
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owner's manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature 
sensor's reading.
    (vi) Any time the sensor exceeds the manufacturer's specified 
maximum operating temperature range, either conduct calibration and 
validation checks or install a new temperature sensor.

[[Page 41150]]

    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
* * * * *

Subpart OOOO--National Emission Standards for Hazardous Air 
Pollutants: Printing, Coating, and Dyeing of Fabrics and Other 
Textiles

0
41. Section 63.4371 is amended by revising the definition for ``No 
organic HAP'' to read as follows:


Sec.  63.4371  What definitions apply to this subpart?

* * * * *
    No organic HAP means no organic HAP in table 5 to this subpart is 
present at 0.1 percent by mass or more and no organic HAP not listed in 
table 5 to this subpart is present at 1.0 percent by mass or more. The 
organic HAP content of a regulated material is determined according to 
Sec.  63.4321(e)(1).
* * * * *

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products

0
42. Section 63.4492 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.4492  What operating limits must I meet?

* * * * *
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec.  63.4561(j), you must meet the operating 
limits specified in table 1 to this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance tests required in Sec.  63.4560 
according to the requirements in Sec.  63.4567. You must meet the 
operating limits established during the most recent performance tests 
required in Sec.  63.4560 at all times after you establish them.
* * * * *

0
43. Section 63.4500 is amended by revising paragraphs (a)(2)(i) and 
(ii), (b), and (c) to read as follows:


Sec.  63.4500  What are my general requirements for complying with this 
subpart?

    (a) * * *
    (2) * * *
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec.  63.4490 at all times.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control 
devices required by Sec.  63.4492 at all times, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec.  63.4561(j).
* * * * *
    (b) Before January 5, 2021, you must always operate and maintain 
your affected source, including all air pollution control and 
monitoring equipment you use for purposes of complying with this 
subpart, according to the provisions in Sec.  63.6(e)(1)(i). On and 
after January 5, 2021, at all times, the owner or operator must operate 
and maintain any affected source, including associated air pollution 
control equipment and monitoring equipment, in a manner consistent with 
safety and good air pollution control practices for minimizing 
emissions. The general duty to minimize emissions does not require the 
owner or operator to make any further efforts to reduce emissions if 
levels required by the applicable standard have been achieved. 
Determination of whether a source is operating in compliance with 
operation and maintenance requirements will be based on information 
available to the Administrator that may include, but is not limited to, 
monitoring results, review of operation and maintenance procedures, 
review of operation and maintenance records, and inspection of the 
affected source.
    (c) Before January 5, 2021, if your affected source uses an 
emission capture system and add-on control device, you must develop a 
written SSMP according to the provisions in Sec.  63.6(e)(3). The plan 
must address the startup, shutdown, and corrective actions in the event 
of a malfunction of the emission capture system or the add-on control 
device. The plan must also address any coating operation equipment that 
may cause increased emissions or that would affect capture efficiency 
if the process equipment malfunctions, such as conveyors that move 
parts among enclosures. On and after January 5, 2021, the SSMP is not 
required.

0
44. Section 63.4520 is amended by:
0
a. Revising paragraphs (a)(5) introductory text and (a)(5)(i) and (iv);
0
b. Adding paragraph (a)(5)(v);
0
c. Revising paragraph (a)(6) introductory text and (a)(6)(iii);
0
d. Adding paragraph (a)(6)(iv);
0
e. Revising paragraphs (a)(7) introductory text and (a)(7)(iii), (vi) 
through (viii), (x), (xiii), and (xiv);
0
f. Adding paragraph (a)(7)(xv);
0
g. Revising paragraph (c) introductory text; and
0
h. Adding paragraphs (d) through (h).

    The revisions and additions read as follows:


Sec.  63.4520  What reports must I submit?

    (a) * * *
    (5) Deviations: Compliant material option. If you used the 
compliant material option and there was a deviation from the applicable 
organic HAP content requirements in Sec.  63.4490, the semiannual 
compliance report must contain the information in paragraphs (a)(5)(i) 
through (v) of this section.
    (i) Identification of each coating used that deviated from the 
applicable emission limit, and each thinner and/or other additive, and 
cleaning material used that contained organic HAP, and the date, time, 
and duration each was used.
* * * * *
    (iv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (v) On and after January 5, 2021, the number of deviations and, for 
each deviation, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec.  63.4490, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec.  63.4500(b).
    (6) Deviations: Emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.4490, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iv) of this section.
* * * * *
    (iii) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, a statement of the cause of 
each deviation (including unknown cause, if applicable).
    (iv) On and after January 5, 2021, the number of deviations, date, 
time, duration, a list of the affected source or equipment, an estimate 
of the quantity of each regulated pollutant emitted over any applicable 
emission limit in Sec.  63.4490, a description of the method used to 
estimate the emissions, and the actions you took to minimize emissions 
in accordance with Sec.  63.4500(b).
    (7) Deviations: Emission rate with add-on controls option. If you 
used the

[[Page 41151]]

emission rate with add-on controls option and there was a deviation 
from the applicable emission limit in Sec.  63.4490 or the applicable 
operating limit(s) in table 1 to this subpart (including any periods 
when emissions bypassed the add-on control device and were diverted to 
the atmosphere), before January 5, 2021, the semiannual compliance 
report must contain the information in paragraphs (a)(7)(i) through 
(xiv) of this section. This includes periods of SSM during which 
deviations occurred. On and after January 5, 2021, the semiannual 
compliance report must contain the information in paragraphs (a)(7)(i) 
through (xii), (xiv), and (xv) of this section. If you use the emission 
rate with add-on controls option and there was a deviation from the 
applicable work practice standards in Sec.  63.4493(b), the semiannual 
compliance report must contain the information in paragraph 
(a)(7)(xiii) of this section.
* * * * *
    (iii) The date and time that each malfunction of the capture system 
or add-on control devices started and stopped.
* * * * *
    (vi) Before January 5, 2021, the date and time that each CPMS was 
inoperative, except for zero (low-level) and high-level checks. On and 
after January 5, 2021, the number of instances that the CPMS was 
inoperative, and for each instance, except for zero (low-level) and 
high-level checks, the date, time, and duration that the CPMS was 
inoperative; the cause (including unknown cause) for the CPMS being 
inoperative; and the actions you took to minimize emissions in 
accordance with Sec.  63.4500(b).
    (vii) Before January 5, 2021, the date, time, and duration that 
each CPMS was out-of-control, including the information in Sec.  
63.8(c)(8). On and after January 5, 2021, the number of instances that 
the CPMS was out of control as specified in Sec.  63.8(c)(7) and, for 
each instance, the date, time, and duration that the CPMS was out-of-
control; the cause (including unknown cause) for the CPMS being out-of-
control; and descriptions of corrective actions taken.
    (viii) Before January 5, 2021, the date and time period of each 
deviation from an operating limit in table 1 to this subpart; date and 
time period of any bypass of the add-on control device; and whether 
each deviation occurred during a period of SSM or during another 
period. On and after January 5, 2021, the number of deviations from an 
operating limit in table 1 to this subpart and, for each deviation, the 
date, time, and duration of each deviation; the date, time, and 
duration of any bypass of the add-on control device.
* * * * *
    (x) Before January 5, 2021, a breakdown of the total duration of 
the deviations from the operating limits in table 1 of this subpart and 
bypasses of the add-on control device during the semiannual reporting 
period into those that were due to startup, shutdown, control equipment 
problems, process problems, other known causes, and other unknown 
causes. On and after January 5, 2021, a breakdown of the total duration 
of the deviations from the operating limits in table 1 to this subpart 
and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to control equipment 
problems, process problems, other known causes, and other unknown 
causes.
* * * * *
    (xiii) Before January 5, 2021, for each deviation from the work 
practice standards, a description of the deviation, the date and time 
period of the deviation, and the actions you took to correct the 
deviation. On and after January 5, 2021, for deviations from the work 
practice standards, the number of deviations, and, for each deviation, 
the information in paragraphs (a)(7)(xiii)(A) and (B) of this section:
    (A) A description of the deviation; the date, time, and duration of 
the deviation; and the actions you took to minimize emissions in 
accordance with Sec.  63.4500(b).
    (B) The description required in paragraph (a)(7)(xiii)(A) of this 
section must include a list of the affected sources or equipment for 
which a deviation occurred and the cause of the deviation (including 
unknown cause, if applicable.
    (xiv) Before January 5, 2021, a statement of the cause of each 
deviation. On and after January 5, 2021, for deviations from an 
emission limit in Sec.  63.4490 or an operating limit in Table 1 to 
this subpart, a statement of the cause of each deviation (including 
unknown cause, if applicable) and the actions you took to minimize 
emissions in accordance with Sec.  63.4500(b).
    (xv) On and after January 5, 2021, for each deviation from an 
emission limit in Sec.  63.4490 or operating limit in table 1 to this 
subpart, a list of the affected sources or equipment for which a 
deviation occurred, an estimate of the quantity of each regulated 
pollutant emitted over any emission limit in Sec.  63.4490 or operating 
limit in table 1 to this subpart, and a description of the method used 
to estimate the emissions.
* * * * *
    (c) SSM reports. Before January 5, 2021, if you used the emission 
rate with add-on controls option and you had a SSM during the 
semiannual reporting period, you must submit the reports specified in 
paragraphs (c)(1) and (2) of this section. On and after January 5, 
2021, the reports specified in paragraphs (c)(1) and (2) of this 
section are not required.
* * * * *
    (d) Performance test reports. On and after January 5, 2021, you 
must submit the results of the performance tests required in Sec.  
63.4560 following the procedure specified in paragraphs (d)(1) through 
(3) of this section.
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test, you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). The CEDRI interface can be 
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternate electronic 
file format consistent with the extensible markup language (XML) schema 
listed on the EPA's ERT website.
    (2) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in Sec.  63.13, unless 
the Administrator agrees to or specifies an alternate reporting method.
    (3) If you claim that some of the performance test information 
being submitted under paragraph (d)(1) of this section is Confidential 
Business Information (CBI), you must submit a complete file generated 
through the use of the EPA's ERT or an alternate electronic file 
consistent with the XML schema listed on the EPA's ERT website, 
including information claimed to be CBI, on a compact disc, flash 
drive, or other commonly used electronic storage medium to the EPA. The 
electronic medium must be clearly marked as CBI and mailed to U.S. EPA/
OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or

[[Page 41152]]

alternate file with the CBI omitted must be submitted to the EPA via 
the EPA's CDX as described in paragraph (d)(1) of this section.
    (e) Initial notification reports. On and after January 5, 2021, the 
owner or operator shall submit the initial notifications required in 
Sec.  63.9(b) and the notification of compliance status required in 
Sec.  63.9(h) and Sec.  63.4510(c) to the EPA via the CEDRI. The CEDRI 
interface can be accessed through the EPA's CDX (https://cdx.epa.gov/). 
The owner or operator must upload to CEDRI an electronic copy of each 
applicable notification in portable document format (PDF). The 
applicable notification must be submitted by the deadline specified in 
this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is CBI shall submit a complete 
report generated using the appropriate form in CEDRI or an alternate 
electronic file consistent with the XML schema listed on the EPA's 
CEDRI website, including information claimed to be CBI, on a compact 
disc, flash drive, or other commonly used electronic storage medium to 
the EPA. The electronic medium shall be clearly marked as CBI and 
mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (f) Semiannual compliance reports. On and after January 5, 2021, or 
once the reporting template has been available on the CEDRI website for 
1 year, whichever date is later, the owner or operator shall submit the 
semiannual compliance report required in paragraph (a) of this section 
to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX 
(https://cdx.epa.gov/)). The owner or operator must use the appropriate 
electronic template on the CEDRI website for this subpart or an 
alternate electronic file format consistent with the XML schema listed 
on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri). The 
date report templates become available will be listed on the CEDRI 
website. If the reporting form for the semiannual compliance report 
specific to this subpart is not available in CEDRI at the time that the 
report is due, you must submit the report to the Administrator at the 
appropriate addresses listed in Sec.  63.13. Once the form has been 
available in CEDRI for 1 year, you must begin submitting all subsequent 
reports via CEDRI. The reports must be submitted by the deadlines 
specified in this subpart, regardless of the method in which the 
reports are submitted. Owners or operators who claim that some of the 
information required to be submitted via CEDRI is CBI shall submit a 
complete report generated using the appropriate form in CEDRI or an 
alternate electronic file consistent with the XML schema listed on the 
EPA's CEDRI website, including information claimed to be CBI, on a 
compact disc, flash drive, or other commonly used electronic storage 
medium to the EPA. The electronic medium shall be clearly marked as CBI 
and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, 
Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 
27703. The same file with the CBI omitted shall be submitted to the EPA 
via the EPA's CDX as described earlier in this paragraph.
    (g) Reporting during EPA system outages. If you are required to 
electronically submit a report through the CEDRI in the EPA's CDX, and 
due to a planned or actual outage of either the EPA's CEDRI or CDX 
systems within the period of time beginning 5 business days prior to 
the date that the submission is due, you will be or are precluded from 
accessing CEDRI or CDX and submitting a required report within the time 
prescribed, you may assert a claim of the EPA system outage for failure 
to timely comply with the reporting requirement. You must submit 
notification to the Administrator in writing as soon as possible 
following the date you first knew, or through due diligence should have 
known, that the event may cause or caused a delay in reporting. You 
must provide to the Administrator a written description identifying the 
date, time and length of the outage; a rationale for attributing the 
delay in reporting beyond the regulatory deadline to the EPA system 
outage; describe the measures taken or to be taken to minimize the 
delay in reporting; and identify a date by which you propose to report, 
or if you have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage 
is resolved. The decision to accept the claim of the EPA system outage 
and allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (h) Reporting during force majeure events. If you are required to 
electronically submit a report through CEDRI in the EPA's CDX and a 
force majeure event is about to occur, occurs, or has occurred or there 
are lingering effects from such an event within the period of time 
beginning 5 business days prior to the date the submission is due, the 
owner or operator may assert a claim of force majeure for failure to 
timely comply with the reporting requirement. For the purposes of this 
section, a force majeure event is defined as an event that will be or 
has been caused by circumstances beyond the control of the affected 
facility, its contractors, or any entity controlled by the affected 
facility that prevents you from complying with the requirement to 
submit a report electronically within the time period prescribed. 
Examples of such events are acts of nature (e.g., hurricanes, 
earthquakes, or floods), acts of war or terrorism, or equipment failure 
or safety hazard beyond the control of the affected facility (e.g., 
large scale power outage). If you intend to assert a claim of force 
majeure, you must submit notification to the Administrator in writing 
as soon as possible following the date you first knew, or through due 
diligence should have known, that the event may cause or caused a delay 
in reporting. You must provide to the Administrator a written 
description of the force majeure event and a rationale for attributing 
the delay in reporting beyond the regulatory deadline to the force 
majeure event; describe the measures taken or to be taken to minimize 
the delay in reporting; and identify a date by which you propose to 
report, or if you have already met the reporting requirement at the 
time of the notification, the date you reported. In any circumstance, 
the reporting must occur as soon as possible after the force majeure 
event occurs. The decision to accept the claim of force majeure and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.

0
45. Section 63.4530 is amended by revising paragraphs (h), (i) 
introductory text, and (i)(1) and (2) to read as follows:


Sec.  63.4530  What records must I keep?

* * * * *
    (h) Before January 5, 2021, you must keep records of the date, 
time, and duration of each deviation. On and after January 5, 2021, for 
each deviation from an emission limitation reported under Sec.  
63.4520(a)(5) through (7), a record of the information specified in 
paragraphs (h)(1) through (4) of this section, as applicable.
    (1) The date, time, and duration of the deviation, as reported 
under Sec.  63.4520(a)(5) through (7).

[[Page 41153]]

    (2) A list of the affected sources or equipment for which the 
deviation occurred and the cause of the deviation, as reported under 
Sec.  63.4520(a)(5) through (7).
    (3) An estimate of the quantity of each regulated pollutant emitted 
over any applicable emission limit in Sec.  63.4490 or any applicable 
operating limit in Table 1 to this subpart, and a description of the 
method used to calculate the estimate, as reported under Sec.  
63.4520(a)(5) through (7).
    (4) A record of actions taken to minimize emissions in accordance 
with Sec.  63.4500(b) and any corrective actions taken to return the 
affected unit to its normal or usual manner of operation.
    (i) If you use the emission rate with add-on controls option, you 
must also keep the records specified in paragraphs (i)(1) through (8) 
of this section.
    (1) Before January 5, 2021, for each deviation, a record of whether 
the deviation occurred during a period of SSM. On and after January 5, 
2021, a record of whether the deviation occurred during a period of SSM 
is not required.
    (2) Before January 5, 2021, the records in Sec.  63.6(e)(3)(iii) 
through (v) related to SSM. On and after January 5, 2021, the records 
in Sec.  63.6(e)(3)(iii) through (v) related to SSM are not required.
* * * * *

0
46. Section 63.4531 is amended by revising paragraph (a) to read as 
follows:


Sec.  63.4531  In what form and for how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1). Where 
appropriate, the records may be maintained as electronic spreadsheets 
or as a database. On and after January 5, 2021, any records required to 
be maintained by this subpart that are in reports that were submitted 
electronically via the EPA's CEDRI may be maintained in electronic 
format. This ability to maintain electronic copies does not affect the 
requirement for facilities to make records, data, and reports available 
upon request to a delegated air agency or the EPA as part of an on-site 
compliance evaluation.
* * * * *

0
47. Section 63.4541 is amended by revising paragraphs (a)(1)(i) and 
(a)(2) and (4) to read as follows:


Sec.  63.4541  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (a) * * *
    (1) * * *
    (i) Count each organic HAP in Table 5 to this subpart that is 
measured to be present at 0.1 percent by mass or more and at 1.0 
percent by mass or more for other compounds. For example, if toluene 
(not listed in Table 5 to this subpart) is measured to be 0.5 percent 
of the material by mass, you do not have to count it. Express the mass 
fraction of each organic HAP you count as a value truncated to four 
places after the decimal point (e.g., 0.3791).
* * * * *
    (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). For coatings, 
you may use EPA Method 24 to determine the mass fraction of nonaqueous 
volatile matter and use that value as a substitute for mass fraction of 
organic HAP. As an alternative to using EPA Method 24, you may use ASTM 
D2369-10 (Reapproved 2015)\e\ (incorporated by reference, see Sec.  
63.14). For reactive adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere, you may use the 
alternative method contained in appendix A to this subpart, rather than 
EPA Method 24. You may use the volatile fraction that is emitted, as 
measured by the alternative method in appendix A to this subpart, as a 
substitute for the mass fraction of organic HAP.
* * * * *
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP in Table 5 to this subpart that is present at 0.1 percent by mass 
or more and at 1.0 percent by mass or more for other compounds. For 
example, if toluene (not listed in Table 5 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. For 
reactive adhesives in which some of the HAP react to form solids and 
are not emitted to the atmosphere, you may rely on manufacturer's data 
that expressly states the organic HAP or volatile matter mass fraction 
emitted. If there is a disagreement between such information and 
results of a test conducted according to paragraphs (a)(1) through (3) 
of this section, then the test method results will take precedence 
unless, after consultation you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
* * * * *

0
48. Section 63.4551 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.4551  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (c) Determine the density of each material. Determine the density 
of each liquid coating, thinner and/or other additive, and cleaning 
material used during each month from test results using ASTM D1475-13 
or ASTM D2111-10 (Reapproved 2015) (both incorporated by reference, see 
Sec.  63.14), information from the supplier or manufacturer of the 
material, or reference sources providing density or specific gravity 
data for pure materials. If there is disagreement between ASTM D1475-13 
or ASTM D2111-10 (Reapproved 2015) and other such information sources, 
the test results will take precedence unless, after consultation you 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct. If you purchase materials or monitor 
consumption by weight instead of volume, you do not need to determine 
material density. Instead, you may use the material weight in place of 
the combined terms for density and volume in Equations 1A, 1B, 1C, and 
2 of this section.
* * * * *

0
49. Section 63.4560 is amended by revising the section heading and 
paragraphs (a)(1) and (4), (b)(1), and (c) introductory text to read as 
follows:


Sec.  63.4560  By what date must I conduct performance tests and 
initial compliance demonstrations?

    (a) * * *
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct according to the schedule in 
paragraphs (a)(1)(i) and (ii) of this section initial and periodic 
performance tests of each capture system and add-on control device 
according to the procedures in Sec. Sec.  63.4564, 63.4565, and 63.4566 
and establish the operating limits required by Sec.  63.4492. For a 
solvent recovery system for which you conduct liquid-liquid material 
balances according to Sec.  63.4561(j), you must initiate the first 
material balance no later than the applicable compliance date specified 
in Sec.  63.4483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec.  63.4492 no later than 180 days after 
the applicable compliance date specified in Sec.  63.4483.

[[Page 41154]]

    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec.  63.4492 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 2023, unless you are already required 
to complete periodic performance tests as a requirement of renewing 
your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 
and have conducted a performance test on or after July 8, 2018. 
Thereafter you must conduct a performance test no later than 5 years 
following the previous performance test. Operating limits must be 
confirmed or reestablished during each performance test. For any 
control device for which you are using the catalytic oxidizer control 
option at Sec.  63.4567(b) and following the catalyst maintenance 
procedures in Sec.  63.4567(b)(4), you are not required to conduct 
periodic control device performance testing as specified by this 
paragraph. For any control device for which instruments are used to 
continuously measure organic compound emissions, you are not required 
to conduct periodic control device performance testing as specified by 
this paragraph.
* * * * *
    (4) For the initial compliance demonstration, you do not need to 
comply with the operating limits for the emission capture system and 
add-on control device required by Sec.  63.4492 until after you have 
completed the initial performance tests specified in paragraph (a)(1) 
of this section. Instead, you must maintain a log detailing the 
operation and maintenance of the emission capture system, add-on 
control device, and continuous parameter monitors during the period 
between the compliance date and the performance test. You must begin 
complying with the operating limits established based on the initial 
performance tests specified in paragraph (a)(1) of this section for 
your affected source on the date you complete the performance tests. 
The requirements in this paragraph (a)(4) do not apply to solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to the requirements in Sec.  63.4561(j).
    (b) * * *
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct according to the schedule in 
paragraphs (b)(1)(i) and (ii) of this section initial and periodic 
performance tests of each capture system and add-on control device 
according to the procedures in Sec. Sec.  63.4564, 63.4565, and 63.4566 
and establish the operating limits required by Sec.  63.4492. For a 
solvent recovery system for which you conduct liquid-liquid material 
balances according to Sec.  63.4561(j), you must initiate the first 
material balance no later than the compliance date specified in Sec.  
63.4483.
    (i) You must conduct the initial performance test and establish the 
operating limits required by Sec.  63.4492 no later than 180 days after 
the applicable compliance date specified in Sec.  63.4483.
    (ii) You must conduct periodic performance tests and establish the 
operating limits required by Sec.  63.4492 within 5 years following the 
previous performance test. You must conduct the first periodic 
performance test before July 8, 2023, unless you are already required 
to complete periodic performance tests as a requirement of renewing 
your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 
and have conducted a performance test on or after July 8, 2018. 
Thereafter you must conduct a performance test no later than 5 years 
following the previous performance test. Operating limits must be 
confirmed or reestablished during each performance test. For any 
control device for which you are using the catalytic oxidizer control 
option at Sec.  63.4567(b) and following the catalyst maintenance 
procedures in Sec.  63.4567(b)(4), you are not required to conduct 
periodic control device performance testing as specified by this 
paragraph. For any control device for which instruments are used to 
continuously measure organic compound emissions, you are not required 
to conduct periodic control device performance testing as specified by 
this paragraph.
* * * * *
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of 
a performance test that has been previously conducted on that capture 
system or control device. Any such previous tests must meet the 
conditions described in paragraphs (c)(1) through (3) of this section. 
You are still required to conduct a periodic performance test according 
to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) 
of this section.
* * * * *

0
50. Section 63.4561 is amended by revising paragraphs (j)(3) and (n) to 
read as follows:


Sec.  63.4561  How do I demonstrate initial compliance?

* * * * *
    (j) * * *
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner and/or other additive, and cleaning material used in 
the coating operation controlled by the solvent recovery system during 
the month, kg volatile organic matter per kg coating. You may determine 
the volatile organic matter mass fraction using EPA Method 24 of 40 CFR 
part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015)\e\ (incorporated 
by reference, see Sec.  63.14), or an EPA approved alternative method. 
Alternatively, you may determine the volatile organic matter mass 
fraction using information provided by the manufacturer or supplier of 
the coating. In the event of any inconsistency between information 
provided by the manufacturer or supplier and the results of EPA Method 
24 of 40 CFR part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015)\e\, 
or an approved alternative method, the test method results will take 
precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
* * * * *
    (n) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, calculated using Equation 5 of this section, 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec.  63.4490 or the predominant activity or facility-
specific emission limit allowed in Sec.  63.4490(c). You must keep all 
records as required by Sec. Sec.  63.4530 and 63.4531. As part of the 
notification of compliance status required by Sec.  63.4510, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec.  
63.4490, and for control devices other than solvent recovery system 
using a liquid-liquid material balance, you achieved the operating 
limits required by Sec.  63.4492 and the work practice standards 
required by Sec.  63.4493.

0
51. Section 63.4563 is amended by revising paragraph (f) and adding 
paragraph (g) to read as follows:

[[Page 41155]]

Sec.  63.4563  How do I demonstrate continuous compliance with the 
emission limitations?

* * * * *
    (f) As part of each semiannual compliance report required in Sec.  
63.4520, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limits in Sec.  63.4490, the operating 
limits in Sec.  63.4492, and the work practice standards in Sec.  
63.4493, submit a statement that you were in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec.  63.4490, and you achieved the 
operating limits required by Sec.  63.4492 and the work practice 
standards required by Sec.  63.4493 during each compliance period.
    (g) On and after January 5, 2021, deviations that occur due to 
malfunction of the emission capture system, add-on control device, or 
coating operation that may affect emission capture or control device 
efficiency are required to operate in accordance with Sec.  63.4500(b). 
The Administrator will determine whether the deviations are violations 
according to the provisions in Sec.  63.4500(b).
* * * * *

0
52. Section 63.4564 is amended by revising paragraphs (a) introductory 
text and (a)(1) to read as follows:


Sec.  63.4564  What are the general requirements for performance tests?

    (a) Before January 5, 2021, you must conduct each performance test 
required by Sec.  63.4560 according to the requirements in Sec.  
63.7(e)(1) and under the conditions in this section, unless you obtain 
a waiver of the performance test according to the provisions in Sec.  
63.7(h). On and after January 5, 2021, you must conduct each 
performance test required by Sec.  63.4560 according to the 
requirements in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or nonoperation do not constitute representative conditions 
for purposes of conducting a performance test. The owner or operator 
may not conduct performance tests during periods of malfunction. You 
must record the process information that is necessary to document 
operating conditions during the test and explain why the conditions 
represent normal operation. Upon request, you must make available to 
the Administrator such records as may be necessary to determine the 
conditions of performance tests.
* * * * *

0
53. Section 63.4565 is amended by revising the introductory text to 
read as follows:


Sec.  63.4565  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of each performance test required 
by Sec.  63.4560.
* * * * *

0
54. Section 63.4566 is amended by revising the introductory text and 
paragraphs (a)(1) through (4) and (b) to read as follows:


Sec.  63.4566  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.4560. 
For each performance test, you must conduct three test runs as 
specified in Sec.  63.7(e)(3) and each test run must last at least 1 
hour.
    (a) * * *
    (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR 
part 60, or 2G of appendix A-2 to 40 CFR part 60, as appropriate, to 
measure gas volumetric flow rate.
    (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, 
as appropriate, for gas analysis to determine dry molecular weight.
    (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60, to 
determine stack gas moisture.
* * * * *
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60.
    (1) Use EPA Method 25 of appendix A-7 if the add-on control device 
is an oxidizer and you expect the total gaseous organic concentration 
as carbon to be more than 50 parts per million (ppm) at the control 
device outlet.
    (2) Use EPA Method 25A of appendix A-7 if the add-on control device 
is an oxidizer and you expect the total gaseous organic concentration 
as carbon to be 50 ppm or less at the control device outlet.
    (3) Use EPA Method 25A of appendix A-7 if the add-on control device 
is not an oxidizer.
    (4) You may use EPA Method 18 in appendix A-6 of part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
* * * * *

0
55. Section 63.4567 is amended by revising the introductory text and 
paragraphs (a)(1) and (2), (b)(1) through (3), (c)(1), (d)(1) and (2), 
and (e)(1) through (4) to read as follows:


Sec.  63.4567  How do I establish the emission capture system and add-
on control device operating limits during the performance test?

    During performance tests required by Sec.  63.4560 and described in 
Sec. Sec.  63.4564, 63.4565, and 63.4566, you must establish the 
operating limits required by Sec.  63.4492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.4492.
    (a) * * *
    (1) During performance tests, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average combustion 
temperature maintained during the performance test. This average 
combustion temperature is the minimum operating limit for your thermal 
oxidizer.
    (b) * * *
    (1) During performance tests, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed and the average temperature difference across 
the catalyst bed maintained during the performance test. These are the 
minimum operating limits for your catalytic oxidizer.
    (3) You must monitor the temperature at the inlet to the catalyst 
bed and implement a site-specific inspection and

[[Page 41156]]

maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During performance tests, you must monitor and 
record the temperature just before the catalyst bed at least once every 
15 minutes during each of the three test runs. For each performance 
test, use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed during 
the performance test. This is the minimum operating limit for your 
catalytic oxidizer.
* * * * *
    (c) * * *
    (1) During performance tests, you must monitor and record the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, and the carbon bed temperature after each carbon 
bed regeneration and cooling cycle for the regeneration cycle either 
immediately preceding or immediately following the performance test.
* * * * *
    (d) * * *
    (1) During performance tests, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average condenser outlet 
(product side) gas temperature maintained during the performance test. 
This average condenser outlet gas temperature is the maximum operating 
limit for your condenser.
    (e) * * *
    (1) During performance tests, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) For each performance test, use the data collected during the 
performance test to calculate and record the average temperature. This 
is the minimum operating limit for the desorption concentrate gas 
stream temperature.
    (3) During each performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) For each performance test, use the data collected during the 
performance test to calculate and record the average pressure drop. 
This is the minimum operating limit for the dilute stream across the 
concentrator.
* * * * *

0
56. Section 63.4568 is amended by revising paragraphs (a)(4), (5), and 
(7) and (c)(3) introductory text to read as follows:


Sec.  63.4568  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) * * *
    (4) Before January 5, 2021, you must maintain the CPMS at all times 
and have available necessary parts for routine repairs of the 
monitoring equipment. On and after January 5, 2021, you must maintain 
the CPMS at all times in accordance with Sec.  63.4500(b) and keep 
necessary parts readily available for routine repairs of the monitoring 
equipment.
    (5) Before January 5, 2021, you must operate the CPMS and collect 
emission capture system and add-on control device parameter data at all 
times that a controlled coating operation is operating, except during 
monitoring malfunctions, associated repairs, and required quality 
assurance or control activities (including, if applicable, calibration 
checks and required zero and span adjustments). On and after January 5, 
2021, you must operate the CPMS and collect emission capture system and 
add-on control device parameter data at all times in accordance with 
Sec.  63.4500(b).
* * * * *
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Before January 5, 2021, any 
period for which the monitoring system is out-of-control and data are 
not available for required calculations is a deviation from the 
monitoring requirements. On and after January 5, 2021, except for 
periods of required quality assurance or control activities, any period 
for which the CPMS fails to operate and record data continuously as 
required by paragraph (a)(5) of this section, or generates data that 
cannot be included in calculating averages as specified in (a)(6) of 
this section constitutes a deviation from the monitoring requirements.
* * * * *
    (c) * * *
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of 
this section for each gas temperature monitoring device. For the 
purposes of this paragraph (c)(3), a thermocouple is part of the 
temperature sensor.
* * * * *

0
57. Section 63.4581 is amended by revising the definitions of 
``Deviation'' and ``Non-HAP coating'' to read as follows:


Sec.  63.4581  What definitions apply to this subpart?

* * * * *
    Deviation means:
    (1) Before January 5, 2021, any instance in which an affected 
source subject to this subpart, or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to, any emission limit or operating 
limit or work practice standard;
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (iii) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during SSM, regardless of whether or 
not such failure is permitted by this subpart; and
    (2) On and after January 5, 2021, any instance in which an affected 
source subject to this subpart or an owner or operator of such a 
source:
    (i) Fails to meet any requirement or obligation established by this 
subpart including but not limited to any emission limit, operating 
limit, or work practice standard; or
    (ii) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit.
* * * * *
    Non-HAP coating means, for the purposes of this subpart, a coating 
that contains no more than 0.1 percent by mass of any individual 
organic HAP that is listed in table 5 to this subpart and no more than 
1.0 percent by mass for any other individual HAP.
* * * * *

0
58. Table 2 to Subpart PPPP of part 63 is revised to read as follows:

[[Page 41157]]



       Table 2 to Subpart PPPP of Part 63--Applicability of General Provisions to Subpart PPPP of Part 63
      You must comply with the applicable General Provisions requirements according to the following table:
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to  subpart
               Citation                        Subject                    PPPP                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12)...............  General Applicability..  Yes....................
Sec.   63.1(b)(1)-(3)................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart PPPP is also
                                                                                          specified in Sec.
                                                                                          63.4481.
Sec.   63.1(c)(1)....................  Applicability After      Yes....................
                                        Standard Established.
Sec.   63.1(c)(2)....................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources.                                          PPPP.
Sec.   63.1(c)(5)....................  Extensions and           Yes....................
                                        Notifications.
Sec.   63.1(e).......................  Applicability of Permit  Yes....................
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec.   63.2..........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.4581.
Sec.   63.3..........................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(2)................  Prohibited Activities..  Yes....................
Sec.   63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Fragmentation.
Sec.   63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.5(b)(1), (3), (4), (6).....  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.   63.5(d)(1)(i)-(ii)(F),          Application for          Yes....................
 (d)(1)(ii)(H), (d)(1)(ii)(J),          Approval of
 (d)(1)(iii), (d)(2)-(4).               Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.   63.6(a).......................  Compliance With          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec.   63.6(b)(1)-(5), (b)(7)........  Compliance Dates for     Yes....................  Section 63.4483
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.   63.6(c)(1), (2), (5)..........  Compliance Dates for     Yes....................  Section 63.4483
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.
Sec.   63.6(e)(1)(i)-(ii)............  Operation and            Yes before January 5,    See Sec.   63.4500(b)
                                        Maintenance.             2021. No on and after    for general duty
                                                                 January 5, 2021.         requirement.
Sec.   63.6(e)(1)(iii)...............  Operation and            Yes....................
                                        Maintenance.
Sec.   63.6(e)(3)(i), (e)(3)(iii)-     SSMP...................  Yes before January 5,
 (ix).                                                           2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(1)....................  Compliance Except        Yes before January 5,
                                        During SSM.              2021. No on and after
                                                                 January 5, 2021.
Sec.   63.6(f)(2)-(3)................  Methods for Determining  Yes....................
                                        Compliance.
Sec.   63.6(g).......................  Use of an Alternative    Yes....................
                                        Standard.
Sec.   63.6(h).......................  Compliance With Opacity/ No.....................  Subpart PPPP does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(14), (16).........  Extension of Compliance  Yes....................
Sec.   63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec.   63.7(a)(1)....................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.4564,
                                                                                          63.4565, and 63.4566.
Sec.   63.7(a)(2), except (a)(2)(i)-   Performance Test         Yes....................  Applies only to
 (viii).                                Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Section 63.4560
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec.   63.7(a)(3)-(4)................  Performance Tests        Yes....................
                                        Required By the
                                        Administrator, Force
                                        Majeure.

[[Page 41158]]

 
Sec.   63.7(b)-(d)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Notifica                            performance tests for
                                        tion, Quality                                     capture system and add-
                                        Assurance, Facilities                             on control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing, Conditions                               using these to comply
                                        During Test.                                      with the standards.
Sec.   63.7(e)(1)....................  Conduct of Performance   Yes before January 5,    See Sec.   63.4500 and
                                        Tests.                   2021. No on and after    Sec.   63.4564(a).
                                                                 January 5, 2021.
Sec.   63.7(e)(2)-(4)................  Conduct of Performance   Yes....................
                                        Tests.
Sec.   63.7(f).......................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use                                 methods except those
                                        Alternative Test                                  of used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
Sec.   63.7(g)-(h)...................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and add-
                                        Recordkeeping,                                    on control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             using these to comply
                                                                                          with the standards.
Sec.   63.8(a)(1)-(2)................  Monitoring               Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.4568.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart PPPP does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec.   63.8(b).......................  Conduct of Monitoring..  Yes....................
Sec.   63.8(c)(1)....................  Continuous Monitoring    Yes before January 5,    Section 63.4568
                                        System (CMS) Operation   2021. No on and after    specifies the
                                        and Maintenance.         January 5, 2021.         requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(2)-(3)................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.4568.
Sec.   63.8(c)(4)....................  CMS....................  No.....................  Section 63.4568
                                                                                          specifies the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(5)....................  COMS...................  No.....................  Subpart PPPP does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)....................  CMS Requirements.......  No.....................  Section 63.4568
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(7)....................  CMS Out-of-Control       Yes....................
                                        Periods.
Sec.   63.8(c)(8)....................  CMS Out-of-Control       No.....................  Section 63.4520
                                        Periods and Reporting.                            requires reporting of
                                                                                          CMS out-of-control
                                                                                          periods.
Sec.   63.8(d)-(e)...................  Quality Control Program  No.....................  Subpart PPPP does not
                                        and CMS Performance                               require the use of
                                        Evaluation.                                       continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec.   63.8(f)(6)....................  Alternative to Relative  No.....................  Subpart PPPP does not
                                        Accuracy Test.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(g).......................  Data Reduction.........  No.....................  Sections 63.4567 and
                                                                                          63.4568 specify
                                                                                          monitoring data
                                                                                          reduction.

[[Page 41159]]

 
Sec.   63.9(a)-(d)...................  Notification             Yes....................
                                        Requirements.
Sec.   63.9(e).......................  Notification of          Yes....................  Applies only to capture
                                        Performance Test.                                 system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standards.
Sec.   63.9(f).......................  Notification of Visible  No.....................  Subpart PPPP does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(g).......................  Additional               No.....................  Subpart PPPP does not
                                        Notifications When                                require the use of
                                        Using CMS.                                        continuous emissions
                                                                                          monitoring systems.
Sec.   63.9(h)(1)-(3), (5)-(6).......  Notification of          Yes....................  Section 63.4510
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec.   63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          Sec.   63.4530 and
                                                                                          63.4531.
Sec.   63.10(b)(2)(i)-(ii)...........  Recordkeeping of         Yes before January 5,    See Sec.   63.4530(h).
                                        Occurrence and           2021. No on and after
                                        Duration of Startups     January 5, 2021.
                                        and Shutdowns and of
                                        Failures to Meet
                                        Standards.
Sec.   63.10(b)(2)(iii)..............  Recordkeeping Relevant   Yes....................
                                        to Maintenance of Air
                                        Pollution Control and
                                        Monitoring Equipment.
Sec.   63.10(b)(2)(iv)-(v)...........  Actions Taken to         Yes before January 5,    See Sec.
                                        Minimize Emissions       2021. No on and after    63.4530(h)(4) for a
                                        During SSM.              January 5, 2021.         record of actions
                                                                                          taken to minimize
                                                                                          emissions during a
                                                                                          deviation from the
                                                                                          standard.
Sec.   63.10(b)(2)(vi)...............  Recordkeeping for CMS    Yes before January 5,    See Sec.   63.4530(h)
                                        Malfunctions.            2021. No on and after    for records of periods
                                                                 January 5, 2021.         of deviation from the
                                                                                          standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(b)(2)(vii)-(xii)........  Records................  Yes....................
Sec.   63.10(b)(2)(xiii).............  .......................  No.....................  Subpart PPPP does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(b)(2)(xiv)..............  .......................  Yes....................
Sec.   63.10(b)(3)...................  Recordkeeping            Yes....................
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec.   63.10(c)(1), (5)-(6)..........  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(7)-(8)...............  Additional               No.....................  See Sec.   63.4530(h)
                                        Recordkeeping                                     for records of periods
                                        Requirements for                                  of deviation from the
                                        Sources with CMS.                                 standard, including
                                                                                          instances where a CMS
                                                                                          is inoperative or out-
                                                                                          of-control.
Sec.   63.10(c)(10)-(14).............  Additional               Yes....................
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.   63.10(c)(15)..................  Records Regarding the    Yes before January 5,
                                        SSMP.                    2021. No on and after
                                                                 January 5, 2021.
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.4520.
Sec.   63.10(d)(2)...................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                           63.4520(b).
Sec.   63.10(d)(3)...................  Reporting Opacity or     No.....................  Subpart PPPP does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec.   63.10(d)(4)...................  Progress Reports for     Yes....................
                                        Sources With
                                        Compliance Extensions.

[[Page 41160]]

 
Sec.   63.10(d)(5)...................  SSM Reports............  Yes before January 5,    See Sec.
                                                                 2021. No on and after    63.4520(a)(7).
                                                                 January 5, 2021.
Sec.   63.10(e)(1)-(2)...............  Additional CMS Reports.  No.....................  Subpart PPPP does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     No.....................  Section 63.4520(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart PPPP does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.   63.11.........................  Control Device           No.....................  Subpart PPPP does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
Sec.   63.12.........................  State Authority and      Yes....................
                                        Delegations.
Sec.   63.13.........................  Addresses..............  Yes....................
Sec.   63.14.........................  IBR....................  Yes....................
Sec.   63.15.........................  Availability of          Yes....................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


0
59. Table 5 to Subpart PPPP of part 63 is added to read as follows:

  Table 5 to Subpart PPPP of Part 63--List of HAP That Must Be Counted
  Toward Total Organic HAP Content if Present at 0.1 Percent or More by
                                  Mass
------------------------------------------------------------------------
                      Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...............................         79-34-5
1,1,2-Trichloroethane...................................         79-00-5
1,1-Dimethylhydrazine...................................         57-14-7
1,2-Dibromo-3-chloropropane.............................         96-12-8
1,2-Diphenylhydrazine...................................        122-66-7
1,3-Butadiene...........................................        106-99-0
1,3-Dichloropropene.....................................        542-75-6
1,4-Dioxane.............................................        123-91-1
2,4,6-Trichlorophenol...................................         88-06-2
2,4/2,6-Dinitrotoluene (mixture)........................      25321-14-6
2,4-Dinitrotoluene......................................        121-14-2
2,4-Toluene diamine.....................................         95-80-7
2-Nitropropane..........................................         79-46-9
3,3'-Dichlorobenzidine..................................         91-94-1
3,3'-Dimethoxybenzidine.................................        119-90-4
3,3'-Dimethylbenzidine..................................        119-93-7
4,4'-Methylene bis(2-chloroaniline).....................        101-14-4
Acetaldehyde............................................         75-07-0
Acrylamide..............................................         79-06-1
Acrylonitrile...........................................        107-13-1
Allyl chloride..........................................        107-05-1
alpha-Hexachlorocyclohexane (a-HCH).....................        319-84-6
Aniline.................................................         62-53-3
Benzene.................................................         71-43-2
Benzidine...............................................         92-87-5
Benzotrichloride........................................         98-07-7
Benzyl chloride.........................................        100-44-7
beta-Hexachlorocyclohexane (b-HCH)......................        319-85-7
Bis(2-ethylhexyl)phthalate..............................        117-81-7
Bis(chloromethyl)ether..................................        542-88-1
Bromoform...............................................         75-25-2
Captan..................................................        133-06-2
Carbon tetrachloride....................................         56-23-5
Chlordane...............................................         57-74-9
Chlorobenzilate.........................................        510-15-6
Chloroform..............................................         67-66-3
Chloroprene.............................................        126-99-8
Cresols (mixed).........................................       1319-77-3

[[Page 41161]]

 
DDE.....................................................       3547-04-4
Dichloroethyl ether.....................................        111-44-4
Dichlorvos..............................................         62-73-7
Epichlorohydrin.........................................        106-89-8
Ethyl acrylate..........................................        140-88-5
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene oxide..........................................         75-21-8
Ethylene thiourea.......................................         96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..............         75-34-3
Formaldehyde............................................         50-00-0
Heptachlor..............................................         76-44-8
Hexachlorobenzene.......................................        118-74-1
Hexachlorobutadiene.....................................         87-68-3
Hexachloroethane........................................         67-72-1
Hydrazine...............................................        302-01-2
Isophorone..............................................         78-59-1
Lindane (hexachlorocyclohexane, all isomers)............         58-89-9
m-Cresol................................................        108-39-4
Methylene chloride......................................         75-09-2
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
Nitrosodimethylamine....................................         62-75-9
o-Cresol................................................         95-48-7
o-Toluidine.............................................         95-53-4
Parathion...............................................         56-38-2
p-Cresol................................................        106-44-5
p-Dichlorobenzene.......................................        106-46-7
Pentachloronitrobenzene.................................         82-68-8
Pentachlorophenol.......................................         87-86-5
Propoxur................................................        114-26-1
Propylene dichloride....................................         78-87-5
Propylene oxide.........................................         75-56-9
Quinoline...............................................         91-22-5
Tetrachloroethene.......................................        127-18-4
Toxaphene...............................................       8001-35-2
Trichloroethylene.......................................         79-01-6
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------


0
60. Appendix A to Subpart PPPP of Part 63 is amended by revising 
section 1.2 to read as follows:

Appendix A to Subpart PPPP of Part 63--Determination of Weight Volatile 
Matter Content and Weight Solids Content of Reactive Adhesives

* * * * *
    1.2 Principle: One-part and multiple-part reactive adhesives 
undergo a reactive conversion from liquid to solid during the 
application and assembly process. Reactive adhesives are applied to 
a single surface, but then are usually quickly covered with another 
mating surface to achieve a bonded assembly. The monomers employed 
in such systems typically react and are converted to non-volatile 
solids. If left uncovered, as in a EPA Method 24 (or ASTM D2369-10 
(Reapproved 2015)\e\) test, the reaction is inhibited by the 
presence of oxygen and volatile loss of the reactive components 
competes more heavily with the cure reaction. If this were to happen 
under normal use conditions, the adhesives would not provide 
adequate performance. This method minimizes this undesirable 
deterioration of the adhesive performance.
* * * * *

Subpart RRRR--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Furniture

0
61. Section 63.4965 is amended by adding paragraphs (b)(1) through (3) 
to read as follows:


Sec.  63.4965  How do I determine the add-on control device emission 
destruction or removal efficiency?

* * * * *
    (b) * * *
    (1) Use EPA Method 25 to appendix A-7 to part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million (ppm) at 
the control device outlet.
    (2) Use EPA Method 25A to appendix A-7 to part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use EPA Method 25A to appendix A-7 to part 60 if the add-on 
control device is not an oxidizer.
* * * * *
[FR Doc. 2020-05908 Filed 7-7-20; 8:45 am]
BILLING CODE 6560-50-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.