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

Federal RegisterMay 29, 2003

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR2003-0014—FRL-7461-9]

RIN 2060-AG98

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

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

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

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

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

DATES:

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

ADDRESSES:

Docket.

Docket ID No. OAR-2003-0014 (formerly Docket No. A-97-51) is located at the EPA Docket Center, EPA West, U.S. EPA (6102T), 1301 Constitution Ave., NW., Room B102, Washington, DC 20460.

Background Information Document.

A background information document (BID) for the promulgated NESHAP may be obtained from the docket; the U.S. EPA Library (C267-01), Research Triangle Park, NC 27711, telephone (919) 541-2777; or from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, telephone (703) 487-4650. Refer to “National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Category: Printing, Coating, and Dyeing of Fabrics and Other Textiles—Background Information for Promulgated Standards” (EPA-453/R-03-006). The promulgation BID contains a summary of public comments made on the proposed standards and the EPA responses to the comments.

FOR FURTHER INFORMATION CONTACT:

For information concerning applicability and rule determinations, contact your State or local air pollution control agency representative or the appropriate EPA Regional Office Representative. For information concerning the analyses performed in developing the final rule, contact Mr. Paul Almodóvar, Coatings and Consumer Products Group (C539-03), Emission Standards Division, U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-0283; facsimile number (919) 541-5689; electronic mail (e-mail) address:

almodovar.paul@epa.gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities.

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

Categories and entities potentially regulated by this action include:

Category

NAICS code

Examples of regulated entities

Industry

31321

Broadwoven fabric mills.

31322

Narrow fabric mills and Schiffli machine embroidery.

313241

Weft knit fabric mills.

313311

Broadwoven fabric finishing mills.

313312

Textile and fabric finishing (except broadwoven fabric) mills.

313320

Fabric coating mills.

314110

Carpet and rug mills.

326220

Rubber and plastics hoses and belting and manufacturing.

339991

Gasket, packing, and sealing device manufacturing.

Federal government

Not affected.

State/local/tribal government

Not affected.

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

FOR FURTHER INFORMATION CONTACT

section.

Docket.

The EPA has established an official public docket for this action under Docket ID No. OAR-2003-0014 (formerly Docket No. A-97-51). The official public docket consists of the documents specifically referenced in

this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, EPA West, Room B-102, 1301 Constitution Avenue, NW., Washington, DC 20460. The Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566-1744, and the telephone number for the Docket is (202) 566-1742. A reasonable fee may be charged for copying docket materials.

Electronic Access. You may access this

Federal Register

document electronically through the EPA Internet under the

Federal Register

listings at

http://www.epa.gov/edocket/.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at

http://www.epa.gov/edocket/

to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. Once in the system, select “search,” then key in the appropriate docket identification number.

Worldwide Web (WWW).

In addition to being available in the docket, an electronic copy of the final rule will also be available on the WWW through EPA's Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of the final rule will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at

http://www.epa.gov/ttn/oarpg.

The TTN provides information and technology exchange in various areas of air pollution control. If more information regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.

Judicial Review.

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

Outline.

The information presented in this preamble is organized as follows:

I. Background

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

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

II. What Changes and Clarifications Have we Made to the Proposed Standards?

A. Applicability

B. Overlap With Other Rules

C. Affected Source

D. Emission Limits and Options

E. General Compliance Requirements

F. Requirements for Compliance Options

III. Summary of the Final Rule

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

B. What Is the Affected Source?

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

D. What Are the Testing and Initial Compliance Requirements?

E. What Are the Continuous Compliance Provisions?

F. What Are the Notification, Recordkeeping, and Reporting Requirements?

IV. Summary of Environmental, Energy, and Economic Impacts

A. What Are the Air Impacts?

B. What Are the Cost Impacts?

C. What Are the Economic Impacts?

D. What Are the Non-Air Health, Environmental, and Energy Impacts?

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

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

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

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

I. National Technology Transfer Advancement Act

J. Congressional Review Act

I. Background

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

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

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

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

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

The MACT floor is the minimum control level allowed for NESHAP and is defined under section 112(d)(3) of the CAA. In essence, the MACT floor ensures that the standard is set at a level that assures that all major sources achieve the level of control already achieved by the better-controlled and lower-emitting sources in each source category or subcategory. For new sources, the MACT standards cannot be less stringent than the emission control that is achieved in practice by the best-controlled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the 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, we also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any non-air health and environmental impacts, and energy requirements.

II. What Changes and Clarifications Have We Made to the Proposed Standards?

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

ADDRESSES

A. Applicability

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

One commenter requested that we clarify the intent of proposed exemptions for research and development facilities from the rule requirements. The commenter believes the word facility and the definition of research or laboratory facility could be read to mean that the research or laboratory facility must be a facility separate from any facility that is doing commercial coating, dyeing, etc., in order to be exempt from subpart OOOO applicability. Typically in this source category, research and development activities are conducted on web coating and printing lines or dyeing and finishing operations located within a manufacturing plant. These research and development operations are co-located with manufacturing lines in order to test the product at the same manufacturing variables (

e.g.

, temperature and humidity) as those of the products currently being used. Therefore, the final rule language has been written to reflect this. The use of the terms research or laboratory operations, rather than facilities, will also make this language consistent with the affected source description in the final rule. A corresponding change has also been made to the definition of research or laboratory facility to reflect this change.

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

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

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

B. Overlap With Other Rules

Two commenters pointed out that the preamble text of the proposed rule created duplicate applicability for some sources,

i.e.

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

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

C. Affected Source

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

D. Emission Limits and Options

Seven commenters requested that an add-on control compliance option be included in the final rule for the dyeing and finishing subcategory. The commenters pointed out that as the industry moves from mass base goods production to specialized niche production, and as new products and technologies are developed and implemented, flexibility in the production process will be the key to the survival of this industry. We agree

with the commenters, and, therefore, in order to provide more compliance flexibility with the emission limits, the final rule has been written to include an emission rate with add-on control device compliance option for the dyeing and finishing subcategory.

Numerous comments were received concerning high molecular weight, high boiling point, and highly water-soluble organic HAP from dyeing and finishing sources that are not emitted in the dyeing and finishing process but are discharged to the wastewater. This class of organic HAP has a low emission potential (

i.e.

, low Henry's Law constant) and also are typically readily biodegraded; as a result they are not emitted to the atmosphere in wastewater collection and treatment operations. The commenters requested that the final rule should allow sources to take into account in their compliance demonstrations organic HAP that are discharged to the wastewater and not emitted to the atmosphere. The final rule has been written to allow a dyeing and finishing affected source to account for organic HAP that are discharged to wastewater. An equivalent emission rate compliance option has been written in the final rule, and a procedure has been added to account for the mass of organic HAP contained in wastewater discharged to a publically owned treatment works (POTW) or onsite secondary wastewater treatment.

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

E. Requirements for Compliance Options

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

e.g.

, stack testing with an enclosure to quantify the organic HAP actually emitted from the web coating process.

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

Several commenters stated that the proposed rule was unclear as to how the compliance averaging calculations for dyeing materials are to be performed. The final rule language has been written to clarify that these compliance averaging calculations for dyeing materials should include only regulated materials as received from the manufacturer or supplier, and prior to any on-site alteration of the material (

e.g.

, mixing with solvent); and, that water added in a mixing operation is not a regulated material and should not be included in the determination of the total mass of dyeing and finishing materials applied during the compliance period. This would be consistent with how the MACT floors for this subcategory were calculated.

III. Summary of the Final Rule

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

The final rule applies to you if you own or operate a fabric or other textile coating, printing, slashing, dyeing, or finishing operation or group of such operations that is a major source, or is located at a major source, or is part of a major source of HAP emissions, whether or not you manufacture the substrate. The coating, printing, slashing, dyeing, or finishing operations themselves are not required to be major sources of HAP emissions in order for them to be covered by the final rule. As long as some part of the facility where the operations are located (

e.g.

, a process boiler or manufacturing operation associated with production of the final product) causes it to be a major source, the coating, printing, slashing, dyeing, and finishing operations are subject to the standards.

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

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

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

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

You are not subject to the final rule if your coating, printing, slashing, dyeing, or finishing operation is located at an area source. An area source of HAP

is any facility that has the potential to emit HAP but is not a major source. You may establish area source status by limiting the source's potential to emit HAP through appropriate mechanisms available through your permitting authority.

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

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

B. What Is the Affected Source?

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

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

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

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

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

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

Emission Limits.

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

coating and printing subcategory are: (1) To achieve at least a 97 percent OCE limit; (2) an emission rate limit of no more than 0.12 kg organic HAP/kg of coating solids applied (0.12 lb organic HAP/lb of coating solids applied) in each 12-month compliance period; or (3) if you are using an oxidizer to control organic HAP emissions, operate the oxidizer to achieve the outlet concentration limit of no greater than 20 ppmv on a dry basis and maintain the efficiency of the capture system at 100 percent.

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

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

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

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

Operating Limits.

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

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

The site-specific parameter limits that you establish must reflect operation of the capture system and add-on control devices during a performance test that demonstrates achievement of the emission limits during representative operating conditions.

Work Practice Standards.

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

Operations During Startup, Shutdown, or Malfunction.

If you use a capture system and add-on control device for compliance, you are required to develop and operate according to a startup, shutdown, and malfunction plan (SSMP) during periods of startup, shutdown, or malfunction of the capture system and add-on control device.

General Provisions.

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

D. What Are the Testing and Initial Compliance Requirements?

Compliance Dates.

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

Except for affected sources required to conduct performance tests, the initial compliance period for the compliant material option or the organic HAP overall control efficiency and oxidizer outlet organic HAP concentration options begins on the compliance date

and ends on the last day of the first full month following the compliance date. For affected sources required to conduct performance tests, the initial compliance period ends on the last day of the first full month following the performance test if the performance test is conducted later than the compliance date (the final rule allows the test to be conducted up to 180 days later).

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

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

Emission Limits.

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

Compliance Based on Materials Applied in the Affected Source.

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

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

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

To determine the mass fraction of organic HAP in coating, printing, thinning, and cleaning materials and the mass fraction of solids in coating and printing materials, you may rely on manufacturer's formulation data. You are not required to perform tests or analysis of the material if formulation data are available. Alternatively, you can use results from the test methods listed below. You may also use alternative test methods provided you get EPA approval in accordance with 40 CFR 63.7(f). However, if there is any inconsistency between the test method results (either EPA's or an approved alternative) and manufacturer's data, the test method results would prevail for compliance and enforcement purposes.

• For mass fraction of organic HAP, you use EPA Method 311 of 40 CFR part 63, appendix A;

• The final rule allows you to use nonaqueous volatile matter as a surrogate for organic HAP, which would include all organic HAP plus all other organic compounds, and excluding water. If you choose this option, you use EPA Method 24 of 40 CFR part 60, appendix A; and

• For mass fraction of solids, you use EPA Method 24 of 40 CFR part 60, appendix A.

For multi-component coatings with reactive materials, the final rule allows the use of EPA Method 24 on the coating as applied to determine the mass fraction of non-aqueous volatile matter. You may use that value as a substitute for the mass fraction of organic HAP determined from the sum of organic HAP in each coating component. Also, you may submit an alternative technique for approval by the Administrator, (

e.g.

, stack testing with an enclosure) to quantify the organic HAP actually emitted from the coating process.

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

To demonstrate initial compliance with the emission rate limit without

add-on controls option, you are required to:

• Determine the quantity of each coating, printing, thinning, and cleaning material you applied.

• Calculate the mass of organic HAP in each coating, printing, thinning, and cleaning material you applied using the same types of data and methods previously described for the compliant material option.

• Determine the mass fraction of solids for each coating and printing material you applied using the same types of data or methods described for the compliant material option.

• Calculate the total mass of organic HAP in all regulated materials applied and total mass of solids for all coating and printing materials applied. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266.

• Calculate the ratio of the total mass of organic HAP to the total mass of solids for the regulated materials applied.

• Record the calculations and results and include them in your Notification of Compliance Status.

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

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

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

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

Again as previously described for web coating/printing operations, the emission rate without add-on controls option is a pollution prevention option where you can demonstrate compliance based on the organic HAP contained in the mix of dyeing and finishing materials you apply. This option allows you more flexibility than the compliant material option, but requires the calculation of the emission rate each month, for that month and the preceding 11 months. To demonstrate initial compliance with the emission rate without add-on controls option, you are required to:

• Determine the mass of each dyeing and finishing material you applied.

• Calculate the mass of organic HAP in each dyeing and finishing material you applied.

• Calculate the total mass of organic HAP in all regulated materials and the total mass of all regulated materials applied for the compliance period. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266. You also may subtract from the total mass of organic HAP the amount demonstrated to be discharged to wastewater treatment and not emitted to the atmosphere, in accordance with the final rule requirements.

• Calculate the ratio of the total mass of organic HAP in the regulated materials applied to the total mass of regulated materials applied.

• Record the calculations and results and include them in your Notification of Compliance Status.

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

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

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

To demonstrate initial compliance with the equivalent emission rate option, you are required to:

• Determine the average organic HAP concentration of each affected wastewater stream using EPA Methods 305, 624, 625, 1624, 1625; other EPA methods; or methods other than EPA methods in accordance with specified requirements. You must consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test must be performed to characterize the wastewater stream generated for each operating scenario (in terms of factors affecting the fraction of organic HAP discharged to the wastewater, such as the type of substrate, the type and mass fraction of organic HAP entering the dyeing/finishing operation, and the process temperature and pressure) during the compliance period.

• Determine the mass flow rate of each wastewater stream using knowledge of the wastewater, historical records, or measurement.

• Document the wastewater is either discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment with biological treatment processes.

• Determine the mass of organic HAP contained in all of the wastewater streams characterized by the performance testing.

• Determine the fraction of organic HAP applied in the dyeing/finishing affected source that is discharged to the

wastewater. At least 90 percent of the organic HAP applied must be discharged to the wastewater.

• Determine the organic HAP emissions from the dyeing/finishing affected source. Organic HAP emissions must be less than 10 tons per year.

• Record the calculations and results and include them in your Notification of Compliance Status.

Compliance Based on Using a Capture System and Add-on Control Device.

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

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

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

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

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

To determine the organic HAP emission reduction efficiency of the add-on control device, you must conduct measurements of the inlet and outlet gas streams. Only the outlet gas stream must be measured to determine outlet organic HAP concentration. The performance test must consist of three runs, each run lasting 1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:

• Method 1 or 1A for selection of the sampling sites.

• Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas volumetric flow rate.

• Method 3, 3A, or 3B for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981.

• Method 4 to determine stack moisture.

• Method 25 or 25A to determine organic volatile matter concentration. You must use Method 25A to demonstrate compliance with the oxidizer outlet organic HAP concentration limit because the limit is less than 50 ppmw. Alternatively, any other test method or data that have been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, and approved by the Administrator, could be used.

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

Additional testing and initial compliance requirements associated with demonstrating compliance using the emission rate with add-on controls option are as follows:

• Determine the mass fraction of organic HAP in each coating, printing, thinning, and cleaning material applied and the mass fraction of solids in coating and printing materials applied during the initial compliance period, as described previously.

• Calculate the total mass of organic HAP in all regulated materials and total mass of solids for all coating and printing materials. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266.

• Calculate the organic HAP emissions reductions from the controlled web coating or printing operations using the capture and control efficiencies determined during the performance test or the materials balance for the compliance period and the total mass of organic HAP in regulated materials applied in controlled web coating and printing operations.

• Calculate the ratio of the total mass of organic HAP emissions to the total mass of solids for the regulated materials applied during the initial compliance period.

• Record the calculations and results and include them in your Notification of Compliance Status.

• Develop and implement a work practice plan to minimize emissions from storage, mixing, and handling of organic HAP-containing materials.

If you choose to comply with the organic HAP emission rate limit by using a capture system and add-on control device on a dyeing/finishing operation, other than a solvent recovery system for which you conduct a liquid-liquid material balance, you must

determine the capture and control efficiencies of the equipment. You also must determine the mass fraction of organic HAP and the mass of all dyeing and finishing materials applied during the initial compliance period. You are required to demonstrate that the capture and control system reduces organic HAP emissions to a level no greater than the applicable emission rate limit in the final rule.

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

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

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

You must determine both the efficiency of the capture system and the organic HAP emission reduction efficiency of the add-on control device. To determine the capture efficiency, you must either verify the presence of a PTE using EPA Method 204 of 40 CFR part 51, appendix M (and all materials must be applied and dried or cured within the enclosure); or use one of three protocols in the final rule to measure capture efficiency. If you have a PTE and all dyeing and finishing materials are applied and dried or cured within the enclosure and you route all exhaust gases from the enclosure to an add-on control device, then you assume 100 percent capture.

To determine the organic HAP emission reduction efficiency of the add-on control device, you must conduct measurements of the inlet and outlet gas streams. The performance test will consist of three runs, each run lasting 1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:

• Method 1 or 1A for selection of the sampling sites.

• Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas volumetric flow rate.

• Method 4 to determine stack moisture.

• Method 25 or 25A to determine organic volatile matter concentration. Alternatively, any other test method or data that have been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, and approved by the Administrator, could be used.

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

Additional testing and initial compliance requirements associated with demonstrating compliance using the emission rate with add-on controls option are as follows:

• Determine the mass fraction of organic HAP in each dyeing and finishing material applied and the mass of each dyeing and finishing material applied during the initial compliance period, as described previously.

• Calculate the total mass of organic HAP in all dyeing and finishing materials. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266. You also may subtract from the total mass of organic HAP the amount demonstrated to be discharged to wastewater and not emitted to the atmosphere, in accordance with the final rule requirements.

• Calculate the organic HAP emissions reductions from the controlled dyeing or finishing operations using the capture and control efficiencies determined during the performance test or the materials balance for the compliance period and the total mass of organic HAP in dyeing and finishing materials applied in controlled dyeing and finishing operations.

• Calculate the ratio of the total mass of organic HAP emissions to the total mass of dyeing and finishing materials applied during the initial compliance period.

• Record the calculations and results and include them in your Notification of Compliance Status.

• Develop and implement a work practice plan to minimize emissions from storage, mixing, and handling of organic HAP-containing materials.

Operating Limits.

As mentioned above, you must establish operating limits as part of the initial performance test of a capture system and add-on control device, other than a solvent recovery system for which you conduct liquid-liquid material balances. The operating limits are the minimum or maximum (as applicable) values achieved for capture systems and add-on control devices during the performance test, conducted under representative conditions, that demonstrated compliance with the emission limits.

The final rule specifies the parameters to monitor for the types of add-on control devices commonly used in the industry. You are required to install, calibrate, maintain, and continuously operate all monitoring equipment according to the manufacturer's specifications and ensure that the continuous parameter monitoring systems (CPMS) meet the requirements in the final rule. If you use add-on control devices other than those identified in the final rule, you must submit the operating parameters to be monitored to the Administrator for approval. The authority to approve the parameters to be monitored is retained by EPA and is not delegated to States.

If you use a thermal or catalytic oxidizer, you must continuously monitor the appropriate temperature and record it at least every 15 minutes. For thermal oxidizers, the temperature monitor is placed in the firebox or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. The operating limit is the average temperature measured during the performance test, and for each consecutive 3-hour period the average temperature must be at or above this limit. For catalytic oxidizers, temperature monitors are placed at the nearest feasible point to the inlet and outlet of the catalyst bed. The operating

limits are the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed during the performance test. For each 3-hour period, the average temperature and the average temperature difference must be at or above these limits. Alternatively, you are allowed to meet only the temperature limit at the inlet to the catalyst bed if you develop and implement an inspection and maintenance plan that includes periodic catalyst activity checks.

For each capture system you must conduct monitoring according to your monitoring plan, as described previously in this preamble.

6. Work Practices. If you use a capture system and add-on control device for compliance, you are required to develop and implement on an ongoing basis a work practice plan for minimizing organic HAP emissions to the atmosphere from storage, mixing, material handling, and waste handling operations. This plan must include a description of all steps taken to minimize emissions from these sources (

e.g.

, using closed storage containers, practices to minimize emissions during filling and transfer of contents from containers, using spill minimization techniques, placing solvent-laden cloths in closed containers immediately after use, etc.). You must make the plan available for inspection if the Administrator requests to see it.

Operations During Startup, Shutdown, or Malfunction.

If you use a capture system and add-on control device for compliance, you are required to develop and operate according to a SSMP during periods of startup, shutdown, or malfunction of the capture system and add-on control device.

E. What Are the Continuous Compliance Provisions?

Emission Limits.

If you demonstrate compliance with the emission limits for slashing based on the materials purchased (compliant material option), you will demonstrate continuous compliance if, for each compliance period, the organic HAP content of each slashing material purchased meets the emission limits. You will use manufacturer's data to demonstrate compliance each compliance period as you did for the initial compliance period.

If you demonstrate compliance with the emission limits for web coating and printing based on the materials applied, you will demonstrate continuous compliance if, for each compliance period, either you apply only coating and printing materials that meet the applicable emission limit and only non-organic HAP thinning and cleaning materials (compliant material option); or the ratio of total mass of organic HAP to total mass of solids in coating and printing materials applied is less than or equal to the emission limits (emission rate without add-on controls option). You follow the same procedures for calculating the organic HAP to coating and printing solids ratio that you used for the initial compliance period.

If you demonstrate compliance with the emission limits for dyeing and finishing based on the materials applied, you will demonstrate continuous compliance if, for each compliance period, either the organic HAP content of each dyeing and finishing material applied meets the applicable emission limit (compliant material option) or the total mass of organic HAP in all dyeing and finishing materials applied divided by the total mass of dyeing and finishing materials applied meets the applicable emission limit (emission rate without add-on controls option). You follow the same procedures for determining the mass of organic HAP in all materials applied during the compliance period that you used for the initial compliance period.

If you demonstrate compliance with the equivalent emission rate for dyeing and finishing, you will demonstrate continuous compliance, if for each 12-month compliance period, you operate within the operating scenarios for which wastewater streams were characterized during the initial compliance period, you document that affected wastewater streams were discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment with biological treatment processes, and organic HAP emissions from the dyeing/finishing affected source are less than 10 tons per year.

For each web coating or printing operation on which you use a capture system and add-on control device, other than solvent recovery for which you conduct a liquid-liquid material balance, the continuous parameter monitoring results for each compliance period will affect your compliance determination. If the monitoring results indicate no deviations from the operating limits and there were no bypasses of the add-on control device, you would assume the capture system and add-on control device are achieving the same emission reduction as they did during the performance test in which the operating limits were established. If you are demonstrating compliance with either the organic HAP OCE option or the emission rate with add-on controls option, you would then apply the OCE to the total mass of organic HAP in regulated materials applied in controlled web coating or printing operations to determine the mass of organic HAP emissions from those operations for the compliance period. If there were any deviations from the operating limits during the compliance period or any bypasses of the add-on control device, you must account for them in the calculation of the applicable emission rate by assuming the capture system and add-on control device were achieving zero emission reduction during the periods of deviation.

For each web coating and printing operation on which you use a solvent recovery system and conduct a liquid-liquid material balance each compliance period, you will use the liquid-liquid material balance to determine the emission rate. You will be required to measure the amount of all regulated materials applied during each compliance period and determine the volatile matter content of these materials. You will also measure the amount of volatile matter recovered by the solvent recovery system during the compliance period and calculate the weight percent of organic HAP applied that was emitted to determine compliance with the organic HAP OCE option. If you are complying with the emission rate with add-on controls option, you must apply the OCE to the total mass of organic HAP in the regulated materials applied to determine total organic HAP emissions as input to the compliance demonstration.

For each dyeing and finishing operation on which you use a capture system and add-on control device, other than solvent recovery for which you conduct a liquid-liquid material balance, to comply with the emission rate with add-on controls option, the continuous parameter monitoring results for each compliance period will affect your compliance determination. If the monitoring results indicate no deviations from the operating limits and there were no bypasses of the add-on control device, you will assume the capture system and add-on control device are achieving the same emission reduction as they did during the performance test in which the operating limits were established. You will then apply the OCE to the total mass of organic HAP in dyeing and finishing materials applied in controlled dyeing and finishing operations to determine the mass of organic HAP emissions from those operations for the compliance period. If there were any deviations from the operating limits during the compliance period or any bypasses of the add-on control device, you must

account for them in the calculation of the applicable emission rate by assuming the capture system and add-on control device were achieving zero emission reduction during the periods of deviation.

For each dyeing and finishing operation on which you use a solvent recovery system and conduct a liquid-liquid material balance each compliance period, you will use the liquid-liquid material balance to determine the emission rate. You will be required to measure the amount of all dyeing and finishing materials applied during each compliance period and determine the volatile matter content of these materials. You will also measure the amount of volatile matter recovered by the solvent recovery system during the compliance period and calculate the weight percent of organic HAP used that was emitted to determine the organic HAP OCE. You must apply the OCE to the total mass of organic HAP in the dyeing and finishing materials applied to determine total organic HAP emissions as input to the compliance demonstration.

Operating Limits.

If you use an emission capture system and add-on control device, the final rule requires you to achieve on a continuous basis the operating limits you establish during the performance test. If the continuous monitoring shows that the capture system and/or add-on control device are operating outside the range of values established during the performance test, you have deviated from the established operating limits.

If you operate a capture system and add-on control device with bypass lines that could allow emissions to bypass the add-on control device, you must demonstrate that organic HAP emissions collected by the capture system are routed to the add-on control device by monitoring for potential bypass of the add-on control device. You may choose from the following four monitoring procedures:

• Flow control position indicator to provide a record of whether the exhaust stream is directed to the add-on control device;

• Car-seal or lock-and-key valve closures to secure the bypass line valve in the closed position when the add-on control device is operating;

• Valve closure continuous monitoring to ensure any bypass line valve or damper is closed when the add-on control device is operating; or

• Automatic shutdown system to stop the web coating/printing or dyeing/finishing operation when flow is diverted from the add-on control device.

A deviation has occurred for any period of time the bypass monitoring procedures indicate that emissions are not routed to the add-on control device.

Work Practices.

If you use an emission capture system and add-on control device for compliance, you are required to implement on an ongoing basis the work practice plan you developed during the initial compliance period. If you did not develop a plan for reducing organic HAP emissions or you do not implement the plan, this would be a deviation from the work practice standard.

Operations During Startup, Shutdown, and Malfunction.

If you use a capture system and add-on control device for compliance, you are required to develop and operate according to a SSMP during periods of startup, shutdown, and malfunction of the capture system and add-on control device.

F. What Are the Notification, Recordkeeping, and Reporting Requirements?

You are required to comply with the applicable requirements in subpart A of 40 CFR part 63, as described in the final rule. The General Provisions notification requirements include: initial notifications, notification of performance test if you are complying using a capture system and add-on control device, notification of compliance status, and additional notifications required for affected sources with continuous monitoring systems. The General Provisions also require certain records and periodic reports.

Initial Notifications.

If you own or operate an existing affected source, you are required to send a notification to the EPA Regional Office in the Region where your affected source is located and to your State agency no later than June 2, 2004. For new and reconstructed sources, you must send the notification within 120 days after the date of initial startup or September 26, 2003, whichever is later. The report notifies us and your State agency that you have an existing affected source that is subject to the final standards, or that you have constructed a new affected source. Thus, it allows you and the permitting authority to plan for compliance activities. You also need to send a notification of planned construction or reconstruction of a source that would be subject to the final rule and apply for approval to construct or reconstruct.

Notification of Performance Test.

If you demonstrate compliance by using a capture system and add-on control device for which you do not conduct a liquid-liquid material balance, you must conduct a performance test. The performance test is required within 180 days of the compliance date for an existing affected source. For a new or reconstructed affected source, the performance test would be required no later than 180 days after initial startup or November 25, 2003, whichever is later. You must notify us (or the delegated State or local agency) at least 60 calendar days before the performance test is scheduled to begin and submit a report of the performance test results no later than 60 days after the test.

Notification of Compliance Status.

You must send us a Notification of Compliance Status within 30 days after the end of the initial compliance period. In the notification, you must certify whether each affected source has complied with the final standards, identify the option(s) you used to demonstrate initial compliance, summarize the data and calculations supporting the compliance demonstration, and provide information on any deviations from the emission limits, operating limits, or other requirements.

If you elect to comply by using a capture system and add-on control device for which you conduct performance tests, you must provide the results of the tests. Your notification must also include the measured range of each monitored parameter, the operating limits established during the performance test, and information showing whether the source has complied with its operating limits during the initial compliance period.

Recordkeeping Requirements.

You are required to keep records of reported information and all other information necessary to document compliance with the final rule for 5 years. As required under the General Provisions, records for the 2 most recent years must be kept on-site; the other 3 years' records may be kept off-site. Records pertaining to the design and operation of the emission control and monitoring equipment must be kept for the life of the equipment. You need to keep all documentation supporting initial notifications and notifications of compliance status. If your affected source is complying with the slashing emission limits, you are required to keep purchase records of the organic HAP content of each slashing material.

Depending on the compliance option that you choose for your affected source complying with the dyeing and finishing or web coating and printing emission limits, you must keep records of the following:

• Organic HAP content, volatile matter content, coating and printing materials solids content, and quantity of the dyeing, finishing, coating, printing, thinning, and cleaning materials used during each compliance period.

• For the equivalent emission rate option for the dyeing and finishing subcategory, documentation that your dyeing/finishing affected source operated within the operating scenarios used to demonstrate initial compliance, affected wastewater streams were discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment with biological treatment processes, and organic HAP emissions from the affected source were less than 10 tpy.

• For the emission rate (with or without add-on controls) compliance options, calculations of your emission rate for each compliance period.

If your affected source is in the web coating and printing or the dyeing and finishing subcategory and you demonstrate compliance by using a capture system and add-on control device, you would also need to keep records of the following:

• All required measurements, calculations, and supporting documentation needed to demonstrate compliance with the standards.

• All results of performance tests and parameter monitoring.

• All information necessary to demonstrate conformance with your plan for minimizing emissions from mixing, storage, and waste handling operations.

• All information necessary to demonstrate conformance with the affected source's SSMP when the plan procedures are followed.

• The occurrence and duration of each startup, shutdown, or malfunction of the emission capture system and add-on control device.

• Actions taken during startup, shutdown, and malfunction that are different from the procedures specified in the affected source's SSMP.

• Each period during which a CPMS is malfunctioning or inoperative (including out-of-control periods).

The final rule requires you to collect and keep records according to certain minimum data requirements for the CPMS. Failure to collect and keep the specified minimum data is a deviation that is separate from any emission limits, operating limits, or work practice standards.

Deviations, as determined from these records, need to be recorded and also reported. A deviation is any instance when any requirement or obligation established by the final rule including, but not limited to, the emission limits, operating limits, and work practice standards, is not met.

If you use a capture system and add-on control device to reduce organic HAP emissions, you have to make your SSMP available for inspection if the Administrator requests to see it. The plan must stay in your records for the life of the affected source or until the source is no longer subject to the final standards. If you revise the plan, you need to keep the previous superseded versions on record for 5 years following the revision.

Periodic Reports.

Each reporting year is divided into two semiannual reporting periods. If no deviations occur during a semiannual reporting period, you must submit a semiannual report stating that the affected source has been in continuous compliance. If deviations occur, you must include them in the report as follows:

• Report each deviation from the emission limit.

• Report each deviation from the work practice standards if you use an emission capture system and add-on control device.

• If you use an emission capture system and add-on control device other than a solvent recovery system for which you conduct liquid-liquid material balances, report each deviation from an operating limit and each time a bypass line diverts emissions from the add-on control device to the atmosphere.

• Report other specific information on the periods of time the deviations occurred.

You also are required to include in each semiannual report an identification of the compliance option(s) you used for each affected source and any time periods when you changed to another compliance option.

Other Reports.

You are required to submit reports for periods of startup, shutdown, or malfunction of the capture system and add-on control device. If the procedures you follow during any startup, shutdown, or malfunction are inconsistent with your SSMP, you must report those procedures with your semiannual reports in addition to immediate reports required by 40 CFR 63.10(d)(5)(ii).

IV. Summary of Environmental, Energy, and Economic Impacts

The final rule will affect an estimated 135 major sources that perform coating, printing, slashing, dyeing and finishing operations. The impacts are presented relative to a baseline reflecting the level of control prior to the final rule. Due to consolidation throughout the industry, there is expected to be little growth within the printing, coating and dyeing industry during the next 5 years. Only three new coating sources and no new printing, slashing, dyeing, or finishing sources are projected. For more information on how impacts were estimated, see the docket for the final rule.

A. What Are the Air Impacts?

We estimated that compliance with the emission limits in the final rule will result in reductions of nationwide organic HAP emissions of 4,100 tpy (3,700 Megagrams per year (Mg/yr)). This represents a reduction of 60 percent from the baseline organic HAP emissions of 6,800 tpy (6,200 Mg/yr). The primary air impacts by subcategory associated with implementation of the final rule are:

Subcategory

Emissions

before

NESHAP

(tpy)

Emissions

after

NESHAP

(tpy)

Emission

reduction

(tpy)

Percent

reduction

(%)

Web coating and Printing

5,570

2,390

3,180

Dyeing and Finishing

900

160

750

Slashing

350

170

Source Category Nationwide Total

6,820

2,720

4,100

B. What Are the Cost Impacts?

We have estimated the costs related to complying with the emission limitations and meeting the monitoring, recordkeeping, and reporting requirements. The costs to comply with the emission limitations include the costs of adding or upgrading emission control systems; the increased cost of compliant, low-formaldehyde permanent press finishes; and the cost of performance testing emission control systems. We have assumed for this analysis that all sources with affected slashing and dyeing operations will comply through the use of reformulated slashing, dyeing, thinning, and cleaning materials, and that these materials can be utilized without the need for capital expenditures. Annual costs for meeting the monitoring, recordkeeping, and reporting requirements of the final rule have also been included.

To comply with the final rule, web coating and printing affected sources that are not currently in compliance will likely use either upgraded existing emission control systems or new emission control systems. We estimated the capital and annual costs of carbon adsorbers, thermal oxidizers, catalytic oxidizers and coating rooms, using model plants based on information in our facility database. We examined the current level of control reported by each source in the database to determine control measures and associated model plant costs required to achieve compliance with the final rule's emission limits. Control costs estimated for the database sources were extrapolated to nationwide totals.

The dyeing and finishing compliance options are based on the use of low-organic HAP materials. Qualitative information concerning pollution prevention measures gathered from stakeholder meetings and site visits indicated that there would be substantial costs incurred in reducing the formaldehyde content of permanent press resins. We used information collected from a research and marketing company and textile chemical suppliers to estimate the incremental cost to produce finished fabric, using a compliant resin versus a formaldehyde resin. The incremental cost was applied to the quantity of fabric estimated to currently be finished with non-compliant formaldehyde resins.

Performance testing costs for coating and printing sources using add-on control systems to comply with the final rule include the labor hours required to conduct performance testing and monitoring on each emission capture system and add-on control device used and to develop the associated data elements for recordkeeping and reporting purposes. Recordkeeping and reporting includes all labor hours related to installing recordkeeping and reporting systems, developing SSMP, initial notification, compliance status notification, performance test notification, performance test report, materials usage tracking, training personnel, and monitoring deviations and SSMP reports and recordkeeping.

We estimate total capital costs to comply with the emission standards for the approximately 135 existing major sources to be $18.8 million, and nationwide annualized costs to be $14.5 million. These nationwide annualized costs include approximately $5.6 million associated with add-on control systems for web coating and printing operations, $7.5 million in costs associated with finishing material usage, and $1.4 million in monitoring, reporting, and recordkeeping costs.

The only new source costs will be for the three projected new coating sources. We have assumed that new coating sources will not install controls beyond those required for new source review, and these controls will meet the new source limit in the final rule. Therefore, we have assumed that these sources will not incur capital costs as a result of the final rule. The annual costs to comply with the monitoring, recordkeeping, and reporting requirements in the final rule for these new sources are estimated at $13,000.

C. What Are the Economic Impacts?

We prepared an economic impact analysis to evaluate the impacts the final rule would have on the producers and consumers of fabric and other textiles coating, printing, dyeing and finishing products, and society as a whole. The economic analysis determines total social costs, which take into account changes in behavior by producers, consumers, and foreign competitors of fabric products due to the imposition of compliance costs from the final rule.

Based on comments submitted by the industry, we modified our economic model to reflect strong international competition that may prevent domestic producers in the fabric finishing market from increasing prices. The model assumes that any change in domestic production in this market will be passed to foreign producers. The fabric coatings market is assumed to be able to increase prices to a minimal extent. Based on the estimated compliance costs of the final rule and the predicted changes in the coating and finishing markets, the estimated annualized social cost of the final rule is projected to be $14.5 million (2000 dollars).

It is projected that domestic producers in the fabric and textile industries will absorb $12.9 million out of the total social cost, while only $1.6 million will be passed through to consumers (in the fabric coatings market only). Domestic production in the fabric finishing market is predicted to decrease by 0.02 percent and, thus, transfer production to foreign producers, which represents an increase of 6.48 percent of total foreign production. With a minimal price increase in the fabric coatings market, domestic production is estimated to decrease by 0.08 percent, while foreign production is estimated to increase by 0.04 percent.

For new sources, it can be reasonably assumed that the investment decision to enter the coating, printing, dyeing and finishing industry may be slightly altered as a result of this final rule; however, other factors will weigh more heavily in this decision. For example, current economic trends have shown a continuous decline of the textile market as more manufacturing moves abroad. Only three new coating sources are projected to come online in the 5 years following promulgation of the final rule, and no additional printing, slashing, dyeing or fabric finishing sources are projected in the next 5 years. The three new coating sources that are projected to come online will incur a total of only $13,000 in annual costs to meet the requirements of the final rule.

Quantified economic impacts of the final rule on printed, dyed, and slashed fabric products were not calculated in the economic impact analysis because the compliance costs for the sources that produce these products are minimal and relate only to monitoring, recordkeeping, and reporting activities. Based on a qualitative analysis of the printing, dyeing, and slashing markets, we have determined that the impact on the prices and quantities of these products would be insignificant. For more information, refer to the “Economic Impact Analysis of the Final Textile Coating, Printing, Dyeing and Finishing NESHAP” in the docket for the final rule.

D. What Are the Non-Air Health, Environmental, and Energy Impacts?

Based on information from industry survey responses, we found no indication that the use of low-organic HAP content coating, printing, slashing, dyeing, finishing, thinning, and cleaning materials at existing sources will result in any increase or decrease in non-air health, environmental, and energy impacts. There will be no change

in the utility requirements associated with the use of these materials, so there will be no change in the amount of energy consumed as a result of the material conversion. Also, there will be no significant change in the amount of materials used or the amount of waste produced.

Non-air environmental and energy impacts will result from the installation of new and the upgrade of existing add-on controls by affected sources in the web coating and printing subcategory. Affected sources adding carbon adsorber systems will require increased cooling water usage for the condenser used to recover organic HAP from the regenerated carbon, and in certain situations for spray towers to cool the gas entering the carbon adsorber. The estimated increase in nationwide total cooling water usage will be 70.3 million gallons per year. The cooling water is assumed not to result in wastewater. There will be a small increase in water usage for steam to regenerate carbon. The steam used to regenerate carbon yields water requiring wastewater treatment. The estimated increase in nationwide total wastewater generation will be 3.8 million gallons per year.

Affected sources using existing catalytic oxidizers to comply with the final rule probably will be required to install larger volumes of catalysts and to replace the catalysts more frequently than current replacement cycles to maintain high performance levels, resulting in a small increase in solid waste generation. Similarly, affected sources that currently do not operate emission control systems and that install catalytic oxidizers to comply with the final rule will increase solid waste generation. Sometimes the spent catalyst is regenerated by the manufacturer for reuse. Activated carbon used in carbon adsorbers is returned to the manufacturer at the end of its useful life and converted to other salable products. Little solid waste impact is expected from this source.

Energy requirements for implementation of the compliance options for web coating and printing affected sources will include electricity to collect and treat ventilation air, electricity to light PTE, and natural gas to provide supplemental fuel for stable operation of oxidizers. The estimated increase in nationwide total electricity usage will be almost 2.8 million kilowatt hours per year, and the estimated nationwide total natural gas usage will increase by about 195 million standard cubic feet per year.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is “significant” and, therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Executive Order defines “significant regulatory action” as one that is likely to result in a rule that may:

(1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;

(2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligation of recipients thereof; or

(4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order.

It has been determined that the final rule is not a “significant regulatory action” under the terms of Executive Order 12866, and is therefore not subject to OMB review.

B. Paperwork Reduction Act

The information collection requirements in the final rule have been submitted for approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501,

et seq.

An Information Collection Request (ICR) document has been prepared by EPA (ICR No. 2071.02) and a copy may be obtained from Susan Auby by mail at the Collection Strategies Division (2822T), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at

auby.susan@epa.gov

, or by calling (202) 566-1672. A copy may also be downloaded off the Internet at

http://www.epa.gov/icr.

The information requirements are not enforceable until OMB approves them.

The information requirements are based on notification, recordkeeping, and reporting requirements in the General Provisions (40 CFR part 63, subpart A), which are mandatory for all operators subject to national emission standards. These recordkeeping and reporting requirements are specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to Agency policies set forth in 40 CFR part 2, subpart B.

The final rule requires maintaining records of all coating, printing, slashing, dyeing, finishing, thinning, and cleaning materials data and calculations used to determine compliance. This information includes the amount (kg) used during each monthly compliance period, mass fraction organic HAP, and, for coating and printing materials only, mass fraction of solids.

If an add-on control device is used, records must be kept of the capture efficiency of the capture system, destruction or removal efficiency of the add-on control device, and the monitored operating parameters. In addition, records must be kept of each calculation of the affected sourcewide emissions for each compliance period and all data, calculations, test results, and other supporting information used to determine this value.

The annual public monitoring, recordkeeping, and reporting burden for this collection (averaged over the first 3 years after May 29, 2003 is estimated to total 213 labor hours per affected source at a total annual cost of $1.4 million. This estimate includes, for affected sources with existing or newly-installed add-on control systems, a one-time performance test and report (with repeat tests where needed), one-time submission of a SSMP with semiannual reports for any event when the procedures in the plan were not followed, semiannual compliance status reports, and recordkeeping. There are no capital/startup costs associated with the monitoring requirements.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information.

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 EPA's rules are listed in 40 CFR part 9 and 48 CFR chapter 15. The OMB control number for the information collection requirements in this final rule will be listed in an amendment to 40 CFR part 9 in a subsequent

Federal Register

document after OMB approves the ICR.

C. Regulatory Flexibility Act

The EPA has determined that it is not necessary to prepare a regulatory flexibility analysis in connection with the final rule. The EPA has also determined that the final rule will not have a significant economic impact on a substantial number of small entities. For the purposes of assessing the impacts of today's final rule on small entities, small entity is defined as: (1) A small business according to Small Business Administration (SBA) size standards by NAICS code ranging from 500 to 1,000 employees; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.

We applied the definition of a small business as provided by the SBA at 13 CFR 121, and classified by the NAICS. The firms owning sources directly affected by the final rule are generally classified by the NAICS codes 313210 (Broadwoven Fabric Mills), 313311 (Broadwoven Fabric Finishing Mills), 313320 (Fabric Coating Mills), and 313312 (Textile and Fabric Finishing (except Broadwoven Fabric) Mills).

The SBA defines small businesses in NAICS codes 313210, 313311, and 313320 as those with fewer than 1,000 employees (as described in (1) above). In NAICS code 313312, the SBA defines a small business as one with fewer than 500 employees. In the past several years, production in the textile manufacturing industry has become more capital intensive, thus utilizing smaller numbers of employees. This leads a substantial fraction of the companies in the fabric and other textiles coating, printing, finishing, dyeing, and slashing source category to be considered small businesses based on SBA's small business size standards.

After considering the economic impacts of today's final rule on small entities, EPA has concluded that this action will not have a significant impact on a substantial number of small entities. We have identified 40 small companies classified as owning coating operations by NAICS 313320. Of these 40 small coating companies, 22 (55 percent) are projected to face zero compliance costs. Fifteen (37.5 percent) face costs less than 1 percent of their sales, and two (5 percent) have cost-to-sales ratios between 1 and 3 percent. One (2.5 percent) of these companies has a cost-to-sales ratio that exceeds 3 percent (3.2 percent).

For the dyeing and finishing subcategory, the engineering analysis determined that at most five finishing businesses representing seven facilities, would face positive compliance costs in order to meet the requirements specified by the final rule. Of these five firms, we were able to identify one company as large. Therefore, four small businesses face compliance costs associated with the final rule.

We did not possess sufficient data to identify the five finishing facilities expected to face compliance costs, so the small business analysis for finishers consisted of a sensitivity analysis of cost-to-sales ratios using minimum, mean, median, and maximum estimated compliance costs for finishing facilities. Sales data were available for 58 percent of all small entities subject to the final rule. Using median compliance cost estimates for finishing sources, we found that three companies had cost-to-sales ratios between 1 and 3 percent and none had a cost-to-sales ratio exceeding 3 percent.

For the small and large companies that engage in dyeing and slashing, compliance costs are limited to monitoring, recordkeeping, and reporting costs. Based on a qualitative analysis, we conclude that the cost will be minimal.

D. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, and tribal governments, in the aggregate, or to the private sector, of $100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the least costly, most cost-effective, or least burdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements.

The EPA has determined that the final rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. The maximum total annualized cost of the final rule for any year has been estimated to be $14.5 million. Thus, today's final rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, EPA has determined that the final rule contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments or impose obligations upon them. Therefore, today's final rule is not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

Executive Order 13132, entitled “Federalism” (64 FR 43255, August 10, 1999), requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” are defined in the Executive Order to include regulations that 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.”

The final rule 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, as specified in Executive Order 13132. It has been determined that the final rule does not have “federalism implications” because it does not meet the necessary criteria. Thus, Executive Order 13132 does not apply to the final rule. Although section 6 of Executive Order 13132 does not apply to the rule, EPA did consult with State and local officials to enable them to provide timely input in the development of the final rule.

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

Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” The final rule does not have tribal implications, as specified in Executive Order 13175. No tribal governments own or operate printing, coating, and dyeing affected sources. Thus, Executive Order 13175 does not apply to the final rule.

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

Executive Order 13045, “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be “economically significant” as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency.

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. The final rule is not subject to Executive Order 13045 because it is based on technology performance and not on health or safety risks. Furthermore, the rule has been determined not to be “economically significant” as defined under Executive Order 12866.

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

The final rule is not subject to Executive Order 13211, “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

As noted in the proposed rule, section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law No. 104-113, § 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards (

e.g.

, material specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency does not use available and applicable VCS.

This rulemaking involves technical standards. The EPA cites the following standards in this final rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A through F, and 311. Consistent with the NTTAA, EPA conducted searches to identify VCS in addition to these EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 204A through F and 311. The search and review results have been documented and are placed in the docket (Docket ID No. OAR-2003-0014, formerly Docket No. A-97-51) for the final rule.

The VCS ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” [Part 10, Instruments and Apparatus],” is cited in this rule for its manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas. This part of ANSI/ASME PTC 19.10-1981, Part 10, is an acceptable alternative to Method 3B.

Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS 9-94 are IBR in EPA Method 311.

The search for emissions measurement procedures identified 16 other VCS. The EPA has not adopted these standards as alternatives in the final rule. The use of these VCS would be impractical or inconsistent with applicable law due to lack of equivalency, detail, quality assurance/quality control requirements or because they are still under development. Our search and review results are available in the docket (Docket ID No. OAR-2003-0014, formerly Docket No. A-97-51).

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801,

et seq.

, as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to publication of the final rule in the

Federal Register

. A major rule cannot take effect until 60 days after it is published in the

Federal Register

. This action is not a “major rule” as defined by 5 U.S.C. 804(2). The rule will be effective May 29, 2003.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: February 28, 2003.

Christine Todd Whitman,

Administrator.

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

PART 63—[AMENDED]

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

Authority:

42 U.S.C. 7401,

et seq.

2. Section § 63.14 is amended by revising paragraph (i)(3). The revision reads as follows:

§ 63.14

Incorporations by reference.

(i) * * *

(3) ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus],” IBR approved for §§ 63.865(b), 63.3360(e)(1)(iii), 63.4166(a)(3), § 63.4362(a)(3), § 63.4766(a)(3), 63.4965(a)(3), § 53.5160(d)(1)(iii), 63.9307(c)(2), and 63.9323(a)(3).

3. Part 63 is amended by adding subpart OOOO to read as follows:

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

What This Subpart Covers

Sec.

63.4280

What is the purpose of this subpart?

63.4281

Am I subject to this subpart?

63.4282

What parts of my plant does this subpart cover?

63.4283

When do I have to comply with this subpart?

Emission Limitations

63.4290

What emission limits must I meet?

63.4291

What are my options for meeting the emission limits?

63.4292

What operating limits must I meet?

63.4293

What work practice standards must I meet?

General Compliance Requirements

63.4300

What are my general requirements for complying with this subpart?

63.4301

What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4310

What notifications must I submit?

63.4311

What reports must I submit?

63.4312

What records must I keep?

63.4313

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

Compliance Requirements for the Compliant Material Option

63.4320

By what date must I conduct the initial compliance demonstration?

63.4321

How do I demonstrate initial compliance with the emission limitations?

63.4322

How do I demonstrate continuous compliance with the emission limitations?

Compliance Requirements for the Emission Rate Without Add-On Controls Option

63.4330

By what date must I conduct the initial compliance demonstration?

63.4331

How do I demonstrate initial compliance with the emission limitations?

63.4332

How do I demonstrate continuous compliance with the emission limitations?

Compliance Requirements for the Emission Rate With Add-On Controls Option

63.4340

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

63.4341

How do I demonstrate initial compliance?

63.4342

How do I demonstrate continuous compliance with the emission limitations?

Compliance Requirements for the Organic HAP Overall Control Efficiency and Oxidizer Outlet Organic HAP Concentration Options

63.4350

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

63.4351

How do I demonstrate initial compliance?

63.4352

How do I demonstrate continuous compliance with the emission limitations?

Performance Testing and Monitoring Requirements

63.4360

What are the general requirements for performance tests?

63.4361

How do I determine the emission capture system efficiency?

63.4362

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

63.4363

How do I establish the add-on control device operating limits during the performance test?

63.4364

What are the requirements for CPMS installation, operation, and maintenance?

Other Requirements and Information

63.4370

Who implements and enforces this subpart?

63.4371

What definitions apply to this subpart?

Tables to Subpart OOOO of Part 63

Table 1 to Subpart OOOO of Part 63. Emission Limits for New or Reconstructed and Existing Affected Sources in the Printing, Coating, and Dyeing of Fabrics and Other Textiles Source Category

Table 2 to Subpart OOOO of Part 63. Operating Limits if Using Add-On Control Devices and Capture System

Table 3 to Subpart OOOO of Part 63. Applicability of General Provisions to Subpart OOOO

Table 4 to Subpart OOOO of Part 63. Default Organic HAP Mass Fraction for Solvents and Solvent Blends

Table 5 to Subpart OOOO of Part 63. Default Organic HAP Mass Fraction for Petroleum Solvent Groups

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

What This Subpart Covers

§ 63.4280

What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for fabric and other textiles printing, coating and dyeing operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations.

§ 63.4281

Am I subject to this subpart?

(a) Except as provided in paragraphs (c) and (d) of this section, the source category to which this subpart applies is the printing, coating, slashing, dyeing or finishing of fabric and other textiles, and it includes the subcategories listed in paragraphs (a)(1) through (3) of this section.

(1) The coating and printing subcategory includes any operation that coats or prints fabric or other textiles. Coating and printing operations are defined in § 63.4371. Coated and printed substrates are used in products including, but not limited to, architectural structures, apparel, flexible hoses, hot-air balloons, lightweight liners, luggage, military fabric, rainwear, sheets, tents, threads and V-belts. The coating and printing subcategory includes any fabric or other textile web coating line that also performs coating on another substrate unless such coating is specifically excluded from this subpart by another NESHAP in this part or is exempted from the requirements of this subpart based on the criteria in paragraph (e) of this section. Web coating lines exclusively dedicated to coating or printing fabric and other textiles are subject to this subpart.

(2) The slashing subcategory includes any operation with slashing operations as defined in § 63.4371. In the slashing process, sizing compounds are applied to warp yarn to bind the fiber together and stiffen the yarn to provide abrasion resistance during weaving.

(3) The dyeing and finishing subcategory includes any operation that dyes or finishes a fabric or other textiles. Dyeing and finishing operations are defined in § 63.4371. Dyed and finished textiles are used in a wide range of products including, but not limited to, apparel, carpets, high-performance industrial fabrics, luggage, military fabrics, outer wear, sheets, towels, and threads.

(b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.4282, that is a major source, is located at a major source, or is part of a major source of hazardous air pollutants (HAP). Major source is defined in § 63.2 of this part.

criteria of paragraphs (c)(1) through (5) of this section.

(1) Coating and printing, slashing, or dyeing and finishing operations conducted at a source that uses only regulated materials that contain no organic HAP as defined in § 63.4371.

(2) Coating, printing, slashing, dyeing, or finishing that occurs at research or laboratory operations or that is part of janitorial, building, and facility maintenance operations.

(3) Coating, printing, slashing, dyeing, or finishing operations used by a facility and not for commerce, unless organic HAP emissions from the coating, printing, slashing, dyeing or finishing operations are as high as the major source HAP emissions specified in paragraph (b) of this section.

(4) Fabric and other textile substrate web coating or printing operations conducted at ambient temperatures that do not involve drying or curing equipment such as ovens, tenter frames, steam cans, or dryers.

(5) Coating, printing, slashing, dyeing, or finishing operations performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any State).

(d) Web coating lines specified in paragraphs (d)(1) through (3) of this section are not part of the affected source of this subpart.

(1) Any web coating operation that is part of the affected source of subpart JJJJ of this part (national emission standards for hazardous air pollutants for paper and other web coating). This would include any web coating line that coats both a paper and other web substrate and a fabric or other textile substrate for use in flexible packaging, pressure sensitive tape and abrasive materials, or any web coating line laminating a fabric substrate to paper.

(2) Any web coating operation that is part of the affected source of subpart XXXX of this part (NESHAP for tire manufacturing). This would include any web coating line that applies coatings to both tire cord and to textile cord used in the production of belts and hoses.

(3) Coating, slashing, dyeing, or finishing operations at a synthetic fiber manufacturing facility included in the affected source of another subpart of this part, such as subpart F (NESHAP for the synthetic organic chemical manufacturing industry) or subpart JJJ (NESHAP for group IV polymers and resins).

(e) Any web coating line that coats both fabric and other textiles, and another substrate such as paper, must comply with the subpart of this part that applies to the predominant activity conducted on the affected source. Predominant activity for this subpart is 90 percent of the mass of substrate coated during the compliance period. (For example, a web coating line that coats 90 percent or more of a paper substrate, and 10 percent or less of a fabric or other textile substrate, would be subject to 40 CFR 63, subpart JJJJ.)

§ 63.4282

What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, and existing affected source within each of the three subcategories listed in § 63.4281(a).

(b) The affected source for the web coating and printing subcategory is the collection of all of the items listed in paragraphs (b)(1) through (5) of this section that are used in fabric and other textiles web coating and printing operations. The regulated materials for the web coating and printing subcategory are the coating, printing, thinning and cleaning materials used in the affected source.

(1) All web coating and printing equipment used to apply cleaning materials to a substrate on the coating or printing line to prepare it for coating or printing material application, to apply coating or printing materials to a substrate and to dry or cure the coating or printing materials, or equipment used to clean web coating/printing operation equipment;

(2) All containers used for storage and vessels used for mixing coating, printing, thinning, or cleaning materials;

(3) All equipment and containers used for conveying coating, printing, thinning, or cleaning materials;

(4) All containers used for storage, and all equipment and containers used for conveying waste materials generated by a coating or printing operation; and

(5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a coating or printing operation.

(c) The affected source for the slashing subcategory is the collection of all of the items listed in paragraphs (c)(1) through (5) of this section that are used in slashing operations. The regulated materials for the slashing subcategory are the slashing materials used in the affected source.

(1) All slashing equipment used to apply and dry size on warp yarn;

(2) All containers used for storage and vessels used for mixing slashing materials;

(3) All equipment and containers used for conveying slashing materials;

(4) All containers used for storage and all equipment and containers used for conveying waste materials generated by a slashing operation; and

(5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a slashing operation.

(d) The affected source for the dyeing and finishing subcategory is the collection of all of the items listed in paragraphs (d)(1) through (5) of this section that are used in dyeing and finishing operations. The regulated materials for the dyeing and finishing subcategory are the dyeing and finishing materials used in the affected source.

(1) All dyeing and finishing equipment used to apply dyeing or finishing materials, to fix dyeing materials to the substrate, to rinse the textile substrate, or to dry or cure the dyeing or finishing materials;

(2) All containers used for storage and vessels used for mixing dyeing or finishing materials;

(3) All equipment and containers used for conveying dyeing or finishing materials;

(4) All containers used for storage, and all equipment and containers used for conveying, waste materials generated by a dyeing or finishing operation; and

(5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a dyeing or finishing operation.

(e) An affected source is a new source if it meets the criteria in paragraph (e)(1) of this section and the criteria in either paragraph (e)(2) or (3) of this section.

(1) You commenced the construction of the source after July 11, 2002.

(2) The web coating and printing, slashing, or dyeing and finishing operation is performed at a source where no web coating and printing, slashing, or dyeing and finishing operation was previously performed.

(3) The web coating and printing, slashing, or dyeing and finishing operation is performed in a subcategory in which no web coating and printing, slashing, or dyeing and finishing operation was previously performed.

(f) An affected source is reconstructed if you meet the criteria as defined in § 63.2.

(g) An affected source is existing if it is not new or reconstructed.

§ 63.4283

When do I have to comply with this subpart?

The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins

the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4320, 63.4330, 63.4340, and 63.4350.

(a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section:

(1) If the initial startup of your new or reconstructed affected source is before May 29, 2003, the compliance date is May 29, 2003.

(2) If the initial startup of your new or reconstructed affected source occurs after May 29, 2003, the compliance date is the date of initial startup of your affected source.

(b) For an existing affected source, the compliance date is the date 3 years after May 29, 2003.

(c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section.

(1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or May 29, 2003, whichever is later.

(2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after May 29, 2003, whichever is later.

(d) You must meet the notification requirements in § 63.4310 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section.

Emission Limitations

§ 63.4290

What emission limits must I meet?

You must meet the emission limit for the subcategory or subcategories present in your facility. The three subcategories are: Web coating and printing, slashing, and dyeing and finishing. Table 1 to this subpart presents the emission limits for a new or reconstructed affected source and for an existing affected source in each subcategory.

§ 63.4291

What are my options for meeting the emission limits?

You must include all regulated materials (as defined in § 63.4371) used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in Table 1 to this subpart. To make this determination, you must use at least one of the compliance options for the subcategory listed in paragraphs (a) through (c) of this section.

(a)

Web coating and printing.

You may apply any one of the compliance options in paragraphs (a)(1) through (5) of this section to an individual web coating/printing operation, or to multiple web coating/printing operations in the affected source as a group, or to the entire affected source in the web coating and printing subcategory. You may use different compliance options for different web coating/printing operations or at different times on the same web coating/printing operation. However, you may not use different compliance options at the same time on the same web coating/printing operation. If you switch between compliance options for any web coating/printing operation or group of operations, you must document this switch as required by § 63.4312(c), and you must report it in the next semiannual compliance report required in § 63.4311.

(1)

Compliant material option.

Demonstrate that the organic HAP content, as purchased, of each coating and printing material applied in the web coating/printing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart, and that each thinning and cleaning material as purchased contains no organic HAP (as defined in § 63.4371). You must meet all the requirements of §§ 63.4320, 63.4321, and 63.4322 to demonstrate compliance with the applicable emission limit using this option.

(2)

Emission rate without add-on controls option.

Demonstrate that, based on the regulated materials applied in the web coating/printing operation(s), the organic HAP emission rate for the web coating/printing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart, calculated as a rolling 12-month average emission rate. You must meet all the requirements of §§ 63.4330, 63.4331, and 63.4332 to demonstrate compliance with the applicable emission limit using this option.

(3)

Emission rate with add-on controls option.

Demonstrate that, based on the regulated materials applied in the web coating/printing operation(s) and the organic HAP emissions reductions achieved by emission capture systems and add-on controls, the organic HAP emission rate for the web coating/printing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart, calculated as a rolling 12-month average emission rate. If you use this compliance option, you must also demonstrate that all capture systems and control devices for the web coating/printing operation(s) meet the operating limits required in § 63.4292, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4341(e)(5), and that you meet the work practice standards required in § 63.4293. You must meet all the requirements of §§ 63.4340 through 63.4342 and 63.4360 through 63.4364 to demonstrate compliance with the emission limits, operating limits, and work practice standards using this option.

(4)

Organic HAP overall control efficiency option.

Demonstrate that, based on the organic HAP emission capture and add-on control efficiencies achieved, the organic HAP overall control efficiency is greater than or equal to the applicable organic HAP overall control efficiency limit in Table 1 to this subpart. If you use this compliance option, you must also demonstrate that all capture systems and control devices for the web coating/printing operation(s) meet the operating limits required in § 63.4292, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), and that you meet the work practice standards required in § 63.4293. You must meet all the requirements of §§ 63.4350 through 63.4352 and 63.4360 through 63.4364 to demonstrate compliance with the applicable emission limits, operating limits, and work practice standards using this option.

(5)

Oxidizer outlet organic HAP concentration limit.

If you use an oxidizer to control organic HAP emissions, demonstrate that the oxidizer is operated such that the outlet organic HAP concentration is no greater than 20 parts per million by volume (ppmv) on a dry basis, and that the efficiency of the capture system is 100 percent. If you use this compliance option, you must also demonstrate that all capture systems and oxidizers for the web coating/printing operation(s) meet the operating limits required in § 63.4292, and that you meet the work practice standards required in § 63.4293. You must meet all the requirements of §§ 63.4350 through 63.4352 and 63.4360 through 63.4364 to demonstrate compliance with the applicable emission limits, operating limits, and work practice standards using this option.

(b)

Slashing.

You must use the compliant material option to demonstrate that the mass fraction of organic HAP in each slashing material

as purchased for the slashing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart. You must meet all the requirements of §§ 63.4320, 63.4321, and 63.4322 to demonstrate compliance with the applicable emission limit.

(c)

Dyeing and Finishing.

You may apply any one of the compliance options in paragraphs (c)(1) through (3) of this section to an individual dyeing/finishing operation, or to multiple dyeing/finishing operations in the affected source as a group, or to the entire affected source in the dyeing and finishing subcategory. You may use different compliance options for different dyeing/finishing operations or at different times on the same dyeing/finishing operation. However, you may not use different compliance options at the same time on the same dyeing/finishing operation. If you switch between compliance options for any dyeing/finishing operation or group of operations, you must document this switch as required by § 63.4312(c), and you must report it in the next semiannual compliance report required in § 63.4311. If you choose to apply the compliance option in paragraph (c)(4) to your dyeing/finishing operations, it must be applied to the entire affected source in the dyeing and finishing subcategory. You may not apply any of the compliance options in paragraphs (c)(1) through (3) of this section to any dyeing/finishing operation in the affected source if you use the equivalent emission rate limit in paragraph (c)(4) for your dyeing/finishing affected source.

(1)

Compliant material option.

Demonstrate that the mass fraction of organic HAP, as purchased, of each dyeing and finishing material applied in the dyeing/finishing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart. You must meet all the requirements of §§ 63.4320, 63.4321, and 63.4322 to demonstrate compliance with the applicable emission limit using this option.

(2)

Emission rate without add-on controls option.

Demonstrate that, based on the dyeing and finishing materials applied in the dyeing/finishing operation(s), the organic HAP emission rate for the dyeing operation(s), the organic HAP emission rate for the finishing operation(s) or the combined organic HAP emission rate for dyeing and finishing is less than or equal to the applicable emission limit(s) in Table 1 to this subpart, calculated as a rolling 12-month average emission rate. You must meet all the requirements of §§ 63.4330, 63.4331, and 63.4332 to demonstrate compliance with the applicable emission limit(s) using this option.

(3)

Emission rate with add-on controls option.

Demonstrate that, based on the dyeing and finishing materials applied in the dyeing/finishing operation(s) and the organic HAP emissions reductions achieved by emission capture systems and add-on controls, the organic HAP emission rate for the dyeing/finishing operation(s) is less than or equal to the applicable emission limit in Table 1 to this subpart, calculated as a rolling 12-month average emission rate. If you use this compliance option, you must also demonstrate that all capture systems and control devices for the dyeing/finishing operation(s) meet the operating limits required in § 63.4292, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4341(f)(5), and that you meet the work practice standards required in § 63.4293. You must meet all the requirements of §§ 63.4340 through 63.4342 and 63.4360 through 63.4364 to demonstrate compliance with the emission limits, operating limits, and work practice standards using this option.

(4)

Equivalent emission rate option.

Demonstrate that the dyeing and finishing affected source meets all the requirements of paragraphs (4)(i) through (iv) of this paragraph.

(i) The fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater is at least 90 percent, determined according to § 63.4331(d).

(ii) The wastewater is discharged to a POTW or onsite secondary wastewater treatment.

(iii) The total organic HAP emissions from your dyeing/finishing affected source are less than 10 tons per year, as calculated in Equation 4 of § 63.4331.

(iv) You must meet the applicable requirements of § 63.4330 and maintain records in accordance with § 63.4312(c)(2)(iv) to demonstrate compliance with the equivalent emission rate option.

§ 63.4292

What operating limits must I meet?

(a) For any web coating/printing operation, slashing operation, or dyeing/finishing operation on which you use the compliant material option; web coating/printing operation or dyeing/finishing operation on which you use the emission rate without add-on controls option; or dyeing/finishing affected source on which you use the equivalent emission rate limit option, you are not required to meet any operating limits.

(b) For any controlled web coating/printing operation or dyeing/finishing operation on which you use the emission rate with add-on controls option, or controlled web coating/printing operation on which you use the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option, except those web coating/printing operations for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4341(e)(5) and those dyeing/finishing operations for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4341(f)(5), you must meet the operating limits specified in Table 2 of this subpart. These operating limits apply to the emission capture and control systems on the web coating/printing operation(s) and dyeing/finishing operations for which you use this option, and you must establish the operating limits during the performance test according to the procedures in § 63.4363. You must meet the operating limits at all times after you establish them.

(c) If you use an add-on control device other than those listed in Table 2 of this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f).

§ 63.4293

What work practice standards must I meet?

(a) For any slashing operation, you are not required to meet any work practice standards. For any web coating/printing operation(s) or dyeing/finishing operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. For any dyeing/finishing affected source on which you use the equivalent emission rate option, you are not required to meet any work practice standards.

(b) If you use either the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for a web coating/printing operation; or you use the emission rate with add-on controls option for a dyeing/finishing operation; you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of regulated materials used in, and waste materials generated by, the coating/printing or

dyeing/finishing operations for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented.

(1) All organic-HAP-containing regulated materials and waste materials must be stored in closed containers.

(2) Spills of organic-HAP-containing regulated materials, and waste materials must be minimized.

(3) Organic-HAP-containing regulated materials and waste materials must be conveyed from one location to another in closed containers or pipes.

(4) Mixing vessels which contain organic-HAP-containing regulated materials must be closed except when adding to, removing, or mixing the contents.

(5) Emissions of organic HAP must be minimized during cleaning of web coating/printing or dyeing/finishing storage, mixing, and conveying equipment.

(c) As provided in § 63.6(g), you may request approval from the Administrator to use an alternative to the work practice standards in this section.

General Compliance Requirements

§ 63.4300

What are my general requirements for complying with this subpart?

(a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) through (4) of this section.

(1) Any web coating/printing, slashing, or dyeing/finishing operation(s) for which you use the compliant material option, as specified in § 63.4291(a)(1), (b), or (c)(1) must be in compliance with the applicable emission limit in Table 1 to this subpart at all times.

(2) Any web coating/printing or dyeing/finishing operation(s) for which you use the emission rate without add-on controls option, as specified in § 63.4291(a)(2) or (c)(2), must be in compliance with the applicable emission limit in Table 1 to this subpart for all compliance periods.

(3) Any web coating/printing or dyeing/finishing operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.4291(a)(3) or (c)(3), and any web coating/printing operation(s) for which you use either the organic HAP overall control efficiency option, as specified in § 63.4291(a)(4), or the oxidizer outlet organic HAP concentration option, as specified in § 63.4291(a)(5), must be in compliance with the emission limitations as specified in paragraphs (a)(3)(i) through (iii) of this section.

(i) The web coating/printing or dyeing/finishing operation(s) must be in compliance with the applicable emission limit in Table 1 to this subpart or comply with the startup, shutdown, and malfunction plan at all times.

(ii) Each controlled web coating/printing or dyeing/finishing operation must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4292 for all averaging time periods except for solvent recovery systems for which you conduct liquid-liquid material balances according to §§ 63.4341(e)(5) or (f)(5) or 63.4351(d)(5).

(iii) Each controlled web coating/printing or dyeing/finishing operation must be in compliance with the work practice standards in § 63.4293 at all times.

(4) Any dyeing/finishing affected source for which you use the equivalent emission rate option, as specified in § 63.4291(c)(4), must operate within the operating scenarios, as defined in § 63.4371, for which you determined the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to wastewater according to § 63.4331(d) at all times.

(b) You must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i).

(c) If your affected source uses an emission capture system and add-on control device, you must develop and implement a written startup, shutdown, and malfunction plan 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 web coating/printing or dyeing/finishing operation equipment such as conveyors that move the substrate among enclosures that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions.

§ 63.4301

What parts of the General Provisions apply to me?

Table 3 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you.

Notifications, Reports, and Records

§ 63.4310

What notifications must I submit?

(a) You must submit the notifications in §§ 63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the dates specified in those sections, except as provided in paragraphs (b) and (c) of this section.

(b)

Initial Notification.

You must submit the Initial Notification required by § 63.9(b) for a new or reconstructed affected source no later than 120 days after initial startup or 120 days after May 29, 2003, whichever is later. For an existing affected source, you must submit the Initial Notification no later than 1 year after May 29, 2003.

(c)

Notification of Compliance Status.

You must submit the Notification of Compliance Status required by § 63.9(h) no later than 30 calendar days following the end of the initial compliance period described in §§ 63.4320, 63.4330, 63.4340, or 63.4350 that applies to your affected source. The Notification of Compliance Status must contain the information specified in paragraphs (c)(1) through (9) of this section and in § 63.9(h).

(1) Company name and address.

(2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.

(3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in §§ 63.4320, 63.4330, 63.4340, or 63.4350 that applies to your affected source.

(4) Identification of the compliance option or options specified in § 63.4291 that you used during the initial compliance period on each web coating/printing operation in each web coating/printing affected source, on each slashing operation in each slashing affected source, and on each dyeing/finishing operation in each dyeing/finishing affected source.

(5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period.

(6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section.

(i) A description, and statement of the cause of, the deviation.

(ii) If you failed to meet the applicable emission limit in Table 1 to this subpart, include all the calculations you used to determine the kilogram (kg) organic HAP emitted per kg of solids applied in coating and printing material or the weight percent organic HAP compounds

in slashing, dyeing or finishing material to demonstrate your failure to meet the applicable emission limit. You do not need to submit information provided by the materials suppliers or manufacturers or test reports.

(7) For each of the data items listed in paragraphs (c)(7)(i) through (iii) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example regulated material or a summary of the results of testing conducted according to § 63.4321(e)(1) or (2). You do not need to submit copies of any test reports.

(i) Mass fraction of organic HAP and mass fraction of solids for one coating or printing formulation including thinning materials, mass fraction of organic HAP for one cleaning material and mass fraction of organic HAP for all of the regulated materials as purchased used in one slashing operation or dyeing/ finishing operation.

(ii) Mass of coating or printing formulation used in web coating/printing operation or of dyeing and finishing materials used in the dyeing/finishing operation during the compliance period.

(iii) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 or 4 of § 63.4331.

(iv) The mass

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