National Emission Standards for Hazardous Air Pollutants; Final Standards for Hazardous Air Pollutant Emissions From Wood Furniture Manufacturing Operations
Federal RegisterDec 7, 1995
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SUMMARY: This final rule promulgates standards that limit the emissions
of hazardous air pollutants (HAP) from existing and new wood furniture
manufacturing operations located at major sources. These final
standards implement Section 112(d) of the Clean Air Act (CAA), as
amended, which require the Administrator to regulate emissions of HAP
listed in Section 112(b) of the CAA. The intent of the standards is to
protect the public by requiring new and existing major sources to
control emissions to the level attainable by implementing the maximum
achievable control technology (MACT), taking into consideration the
cost of achieving such emission reductions, any nonair quality and
other air quality-related health and environmental impacts, and energy
requirements.
Many wood furniture manufacturing facilities are major sources of
HAP emissions. Individual facilities can emit more than 23 megagrams
per year (Mg/yr) (25 tons per year [tons/yr]) of organic HAP, including
toluene, xylene, methanol, methyl ethyl ketone, methyl isobutyl ketone,
glycol ethers, and formaldehyde. All of these pollutants can cause
reversible or irreversible toxic effects following exposure. The
potential toxic effects include eye, nose, throat, and skin irritation
and blood cell, heart, liver, and kidney damage, as well as
reproductive effects. These adverse health effects are associated with
a wide range of ambient concentrations and exposure times and are
influenced by source-specific characteristics such as emission rates
and local meteorological conditions. Health impacts are also dependent
on multiple factors that affect human variability such as genetics,
age, health status, (e.g., the presence of pre-existing disease), and
lifestyle.
The EPA is also finalizing Method 311 with the standards. Method
311 will be used to assist in demonstrating compliance with the
emission limitations.
DATES: This regulation is effective December 7, 1995.
Judicial Review. Under Section 307(b)(1) of the CAA, judicial
review of national emission standards for hazardous air pollutants
(NESHAP) is available only by filing a petition for review in the U.S.
Court of Appeals for the District of Columbia Circuit within 60 days of
today's publication of this final rule. Under Section 307(b)(2) of the
CAA, the requirements that are the subject of today's notice may not be
challenged later in civil or criminal proceedings brought by the EPA to
enforce these requirements.
ADDRESSES:
Docket: Docket No. A-93-10, containing information considered by
the EPA in developing the promulgated NESHAP for wood furniture
manufacturing operations, is available for public inspection and
copying between 8 a.m. and 5:30 p.m., Monday through Friday, except for
Federal holidays, at the EPA Air and Radiation Docket and Information
Center, Room M1500, U. S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460; telephone (202) 260-7548. A reasonable fee
may be charged for copying.
Background Information Document: A background information document
(BID) for the promulgated NESHAP may be obtained from the docket; the
U.S. EPA Library (MD-35), Research Triangle Park, North Carolina 27711,
telephone number (919) 541-2777; or from National Technical Information
Services, 5285 Port Royal Road, Springfield, Virginia 22161, telephone
(703) 487-4650. Please refer to ``National Emission Standards for
Hazardous Air Pollutants for Wood Furniture Manufacturing Operations-
Background Information for Final Standards'' (EPA-453/R-95-018B). The
BID contains a summary of changes made to the standards since proposal,
public comments made on the proposed wood furniture manufacturing
standard, and the EPA responses to the comments.
Electronic versions of the promulgation BID as well as this final
rule are available for download from the EPA Technology Transfer
Network (TTN), a network of electronic bulletin boards developed and
operated by the Office of Air Quality Planning and Standards. The TTN
provides information and technology exchange in various areas of air
pollution control. The service is free, except for the cost of a phone
call. Dial (919) 541-5742 for data transfer of up to a 14,400 bits per
second. If more information on TTN is needed, contact the systems
operator at (919) 541-5384.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Almodovar of the Coatings and
Consumer Products Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone (919) 541-0283.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. The Standards
II. Summary of Impacts
III. Significant Changes to the Proposed Standards
A. Public Participation
B. Comments on the Proposed Standards
C. Significant Changes
D. Other Issues
IV. Administrative Requirements
A. Docket
B. Paperwork Reduction Act
C. Executive Order 12866
D. Regulatory Flexibility Act
E. Unfunded Mandates Act
I. The Standards
The affected source for the promulgated standards is each facility
that is engaged, either in part or in whole, in the manufacture of wood
furniture or wood furniture components and that is located at a plant
site that is a major source. The promulgated standards include emission
limits on the finishing materials and contact adhesives used by the
wood furniture industry and work practice standards to reduce emissions
from all sources of HAP emissions. To allow owners and operators
flexibility in meeting the emission limits, the promulgated standards
include multiple options for complying with the limits. A summary of
the emission limits and compliance options is presented in Table 1. A
summary of the work practice standards is presented in Table 2.
The promulgated standards include methods for affected sources to
demonstrate both initial and continuous compliance with both the
emission limits and work practice standards. The majority of affected
sources will demonstrate compliance through recordkeeping. Affected
sources that use a control device to meet the emission limits must
monitor the performance of the control device.
[[Page 62931]]
Table 1.--Summary of Emission Limits
------------------------------------------------------------------------
Existing
Emission point source New source
------------------------------------------------------------------------
Finishing operations:
(a) Achieve a weighted average VHAP
content across all coatings (maximum kg
VHAP/kg solids [lb VHAP/lb solids], as
applied);................................ a1.0 a0.8
(b) Use compliant finishing materials
(maximum kg VHAP/kg solids [lb VHAP/lb
solids], as applied);
--Stains.............................. a1.0 a1.0
--washcoats........................... ab1.0 ab0.8
--sealers............................. a1.0 a0.8
--topcoats............................ a1.0 a0.8
--basecoats........................... ab1.0 ab0.8
--enamels............................. ab1.0 ab0.8
--thinners (maximum % HAP allowable);
or................................... 10.0 10.0
(c) As an alternative, use control device;
or....................................... c1.0 c0.8
(d) Use any combination of (a), (b), and
(c)...................................... 1.0 0.8
Cleaning operations:
Strippable spray booth material (maximum
VOC content, kg VOC/kg solids [lb VOC/lb
solids])................................. 0.8 0.8
Contact adhesives:
(a) Use compliant contact adhesives
(maximum kg VHAP/kg solids [lb VHAP/lb
solids], as applied) based on following
criteria:
i. For aerosol adhesives, and for
contact adhesives applied to
nonporous substrates................. dNA dNA
ii. For foam adhesives used in
products that meet flammability
requirements......................... 1.8 0.2
iii. For all other contact adhesives
(including foam adhesives used in
products that do not meet
flammability requirements); or....... 1.0 0.2
(b) Use a control device.................. e1.0 e0.2
------------------------------------------------------------------------
aThe limits refer to the VHAP content of the coating, as applied.
bWashcoats, basecoats, and enamels must comply with the limits presented
in this table if they are purchased premade, that is, if they are not
formulated onsite by thinning other finishing materials. If they are
formulated onsite, they must be formulated using compliant finishing
materials, i.e., those that meet the limits specified in this table,
and thinners containing no more than 3.0 percent HAP by weight.
cThe control device must operate at an efficiency that is equivalent to
no greater than 1.0 kilogram (or 0.8 kilogram) of VHAP being emitted
from the affected emission source per kilogram of solids used.
dThere is no limit on the VHAP content of these adhesives.
eThe control device must operate at an efficiency that is equivalent to
no greater than 1.0 kilogram (or 0.2 kilogram) of VHAP being emitted
from the affected emission source per kilogram of solids used.
Table 2.--Summary of Work Practice Standardsa
------------------------------------------------------------------------
Emission source Work practice
------------------------------------------------------------------------
Finishing Operations
------------------------------------------------------------------------
Transfer equipment leaks.......................... Develop written
inspection and
maintenance plan to
address and prevent
leaks. The plan
must identify a
minimum inspection
frequency of 1/
month.
Storage containers, including mixing equipment.... When such containers
are used for HAP or
HAP-containing
materials, keep
covered when not in
use.
Application equipment............................. Discontinue use of
air spray guns.b
Finishing materials............................... Demonstrate that
usage of HAP of
potential concern
have not increased
except as allowed
by proposed
standards; document
in the formulation
assessment plan.
------------------------------------------------------------------------
Cleaning Operations
------------------------------------------------------------------------
Gun/line cleaning................................. --Collect cleaning
solvent into a
closed container.
--Cover all
containers
associated with
cleaning when not
in use.
Spray booth cleaning.............................. Do not use solvents
except as allowed
by the rule.
Washoff/general cleaning.......................... --Do not use
chemicals that are
listed in Table 4
of the rule in
concentrations
subject to MSDS
reporting, as
required by OSHA.
--Keep washoff tank
covered when not in
use.
--Minimize dripping
by tilting and/or
rotating part to
drain as much
solvent as possible
and allowing
sufficient dry
time.
--Maintain a log of
the quantity and
type of solvent
used for washoff
and cleaning, as
well as the
quantity of waste
solvent shipped
offsite, and the
fate of this waste
(recycling or
disposal).
--Maintain a log of
the number of
pieces washed off,
and the reason for
the wash off.
------------------------------------------------------------------------
Miscellaneous
------------------------------------------------------------------------
Operator training................................. All operators shall
be trained on
proper application,
cleanup, and
equipment use. The
training program
shall be written
and retained
onsite.
Implementation plan............................... Develop a plan to
implement these
work practice
standards and
maintain onsite.
------------------------------------------------------------------------
aThe work practice standards apply to both existing and new major
sources.
bAir guns will be allowed only in the following instances:
--when they are used in conjunction with coatings that emit less than
1.0 kg VOC per kg of solids used;
[[Page 62932]]
--touchup and repair under limited conditions;
--when spray is automated;
--when add-on controls are employed;
--if the cumulative application is less than 5 percent of the total
gallons of coating applied; or
--if the permitting agency determines that it is economically or
technically infeasible to use other application technologies.
Existing affected sources that emit less than 50 tons of HAP in
1996 must comply with the promulgated standards by December 7, 1998.
Existing affected sources that emit 50 tons or more of HAP in 1996 must
comply with the promulgated standards by November 21, 1997. Existing
area sources that become major sources are required to comply within
one year after becoming a major source.
New affected sources must comply with the promulgated standards by
December 7, 1995 or upon startup, whichever is later. New area sources
that become major sources are required to comply with the promulgated
standards immediately upon becoming a major source.
II. Summary of Impacts
These standards will reduce nationwide emissions of HAP from wood
furniture manufacturing operations by approximately 29,759 Mg/yr
(32,795 tons/yr). While the emission limits do not require the use of
lower-VOC materials, the work practice standards should reduce the use
of VOC containing materials and, therefore, VOC emissions. No
significant adverse secondary air, water, solid waste, or energy
impacts are anticipated from the promulgation of these standards.
The implementation of this regulation is expected to result in
nationwide annualized costs for existing wood furniture manufacturing
operations of $15.3 million with a cost effectiveness of $513/Mg ($466/
ton). Industry-wide capital costs resulting from the promulgated
standards is expected to be approximately $7.0 million.
III. Significant Changes to the Proposed Standards
A. Public Participation
The standards were proposed in the Federal Register on December 6,
1994 (59 FR 62652). The preamble to the proposed standards discussed
the availability of the regulatory text. Public comments were solicited
at the time of proposal, and copies of the regulatory text were
distributed to interested parties. Electronic versions of the proposed
preamble and regulation were made available to interested parties via
the TTN (see ADDRESSES section of this preamble).
The preamble to the proposed standards provided the public the
opportunity to request a public hearing. However, a public hearing was
not requested. The public comment period for the proposed standards was
originally December 6, 1994 to February 21, 1995. Upon request from
interested parties the comment period on the proposed standards was
extended to March 21, 1995, and the comment period on Method 311 was
extended to April 21, 1995. In all, 50 comment letters were received.
The comments have been carefully considered, and changes have been made
to the proposed standards when determined by the Administrator to be
appropriate.
B. Comments on the Proposed Standards
Comments on the proposed standards were received from 50
commenters, composed mainly of States, trade organizations, coating
manufacturers, and wood furniture manufacturers. A detailed discussion
of these comments and responses can be found in the promulgation BID,
which is referred to in the ADDRESSES section of this preamble. The
summary of comments and responses in the BID serve as the basis for the
revisions that have been made to the standards between proposal and
promulgation. Most of the comment letters contained multiple comments.
The comments have been divided into the following areas:
1. Applicability;
2. Definitions;
3. Selection of MACT;
4. Emission limits;
5. Work practice requirements;
6. Reporting and recordkeeping requirements;
7. Monitoring requirements;
8. Format of the standard;
9. Compliance provisions and dates;
10. Test Methods; and
11. Miscellaneous.
C. Significant Changes
Several changes have been made since the proposal of these
standards. Some of the changes are substantive, while many changes were
made to clarify portions of the rule that were unclear to the
commenters. A summary of the major changes is presented below.
1. Addition of Category for Incidental Furniture Manufacturers
The EPA received several comments from facilities that manufacture
small quantities of furniture at their facility, primarily for onsite
use. For example, a large laboratory facility may have a small shop
onsite for manufacturing specialized pieces of laboratory furniture.
Many army and navy bases have small woodworking shops onsite. The
cutoff for finishing material usage included in the proposed standards
did not exclude these sources from the standards, because they are
major sources due to emissions from other operations. The majority of
these commenters indicated that they were concerned about all of the
work practice standards and the recordkeeping and reporting
requirements associated with the proposed standards. They indicated
that the environmental benefit of regulating their facilities under
this subpart would be minimal.
The promulgated standards include a category of manufacturers known
as incidental furniture manufacturers. An incidental furniture
manufacturer is defined in the promulgated standards as ``a major
source that is primarily engaged in the manufacture of products other
than wood furniture or wood furniture components and that uses no more
than 100 gallons per month of finishing material or adhesives in the
manufacture of wood furniture or wood furniture components.'' Because
the promulgated standard regulates the amount of coating these
facilities can use and still be considered incidental furniture
manufacturers, emissions from wood furniture manufacturing operations
at these facilities will be minimal. The EPA agrees with the commenters
that the environmental benefit associated with regulating these
facilities would be minimal. Therefore, in the promulgated standards,
these facilities are exempted from the standard. However, these
facilities will have to maintain records of coating and adhesive usage
to demonstrate they are incidental wood furniture manufacturers.
2. Additional Mechanism for Exempting Smaller Sources From the
Standards
The proposed standards established applicability cutoffs based on
total material usage. Sources using no more than 250 gallons per month,
or 3,000 gallons per rolling 12-month period, of finishing materials,
adhesives, cleaning solvents, and washoff solvents, including materials
used for operations other than wood furniture manufacturing, were
automatically exempted from the regulation as long as
[[Page 62933]]
they maintained records demonstrating they were below the cutoffs.
In the final rule, these provisions are modified to ensure that
they can serve the purpose of exempting a facility from the standard by
limiting its potential to emit HAP to area source levels. A facility
that otherwise would be a major source can, at the option of the owner
or operator, become an area source exempt from other provisions of the
rule by meeting the usage limits and associated criteria. The usage
limits ensure that the facility's potential and actual emissions of HAP
are below the major source thresholds of 10 tons of a single HAP or 25
tons of a combination of HAP. (The EPA expects that the usage limits
will keep actual emissions from most facilities substantially below the
major thresholds.)
To qualify as an area source under these provisions, at least 90
percent of annual HAP emissions from the plant site must come from
finishing materials, adhesives, cleaning solvents, and washoff
solvents. If the plant site has sources of HAP emissions other than
these materials, the owner or operator must keep any records necessary
to demonstrate that the facility meets the 90 percent criterion.
A facility may exceed the users limits and still remain an area
source exempt from the standard if, before exceeding the limit, the
facility obtains other limits that keep its potential to emit HAP below
the major threshold. Otherwise, a facility that exceeds the usage
limits becomes a major source and thereafter must comply with the
standard starting with the applicable compliance date in the rule.
These provisions prevent facilities from vacillating between area-
source and major-source status while evading major source requirements.
Also, these provisions make it possible from a legal standpoint to
consider the usage cutoff levels as limiting a source's potential to
emit HAP.
The EPA also requested comment on other mechanisms that could be
used to exempt smaller sources from the regulation. Unless such a
mechanism is provided in the standards or by State and local permitting
authorities, many of these smaller facilities will have to enter the
Title V permitting process in order to obtain a Federally enforceable
limitation on their potential to emit. This would impose a substantial
burden on many smaller facilities and on the State and local permitting
agencies.
In response to the EPA request for comment, several commenters
indicated that a reasonable mechanism to exempt these sources would be
to establish an applicability cutoff based on total emissions of HAP
materials, instead of material usage in gallons. The EPA has included
such a mechanism in the promulgated standards, again structured as an
optional way for facilities to limit their potential to emit.
Facilities that otherwise would be major sources are considered area
sources if they meet the limits and criteria in the rule. To qualify, a
facility must use materials containing no more than 4.5 Mg (5 tons) of
any one HAP per rolling 12-month period or no more than 11.4 Mg (12.5
tons) of any combination of HAP per rolling 12-month period, including
materials from source categories other than wood furniture. Also, at
least 90 percent of their plantwide emissions per rolling 12-month
period need to be associated with the manufacture of wood furniture or
wood furniture components. These sources need to maintain records that
demonstrate that annual emissions do not exceed these levels, including
monthly usage records for all finishing, gluing, cleaning, and washoff
materials; certified product data sheets for these materials; and any
other records necessary to document emissions from source categories
other than wood furniture.
3. Inclusion of Custom Cabinet Manufacturers Operating Under Standard
Industrial Classification (SIC) Code 5712
Under the proposed standards, sources under any of nine SIC codes
were considered wood furniture manufacturers. The SIC codes included
2434, which includes manufacturers of kitchen cabinets. However, one
commenter pointed out that manufacturers of custom kitchen cabinets are
included in SIC Code 5712. The commenter felt that the operations at
these sources were not significantly different than those operating
under SIC Code 2434 and that these sources should also be subject to
the standards. The EPA agrees with the commenter, and the promulgated
standards include custom kitchen cabinet manufacturers operating under
SIC Code 5712.
4. Inclusion of Definitions for Wood Furniture and Wood Furniture
Component
Two commenters requested that the EPA include definitions for
``wood furniture'' and ``wood furniture component'' in the rule. The
EPA agrees that these definitions will help clarify which sources are
subject to the rule and has included these definitions in the final
rule.
5. Change in Title of the Formulation Assessment Plan
Because the formulation assessment plan only applies to VHAP of
potential concern that are present in finishing materials, one
commenter suggested that the title be changed to formulation assessment
plan for finishing operations. The EPA agrees that this clarifies the
scope of the formulation assessment plan and in the final rule the
title is changed to Formulation Assessment plan for Finishing
Operations.
6. Timeframe for Submitting Initial Notification
Several commenters requested that the date for submission of the
initial notification be extended. One commenter requested that the date
for submittal of the initial notification be extended to 270 days and
two commenters requested that the date be extended to 180 days. The EPA
agrees with the commenters and has extended the date for submittal of
the initial notification to 270 days after the effective date of the
final rule.
7. Compliance Options
The proposed rule allowed facilities to use one of four methods to
demonstrate compliance with the standard: compliant coatings,
averaging, an add-on control device, or a combination of compliant
coatings and an add-on control device. The proposed rule did not allow
facilities to use a combination of an add-on control device and
averaging. One commenter pointed out that this should also be a
compliance option. In some facilities, emissions from only one or two
finishing lines will be directed to the control device. The emission
reductions from these lines will typically be much greater than the
reductions required for a facility using compliant coatings. These
facilities would like to be allowed to average these ``overcontrolled''
finishing lines with uncontrolled lines. The EPA believes this is
consistent with the regulatory negotiation agreement and with the CAA,
both of which state that a facility should be able to use any
compliance method that they can demonstrate achieves an equivalent
level of reductions. Therefore, the EPA has included this compliance
option in the final rule.
8. Guidelines for Determining Capture Efficiency
Since the wood furniture NESHAP was proposed, the EPA has released
additional guidance on determining capture efficiency. This guidance
allows facilities to use any method of
[[Page 62934]]
determining the capture efficiency of a control system as long as the
data generated from the method meets one of two sets of criteria. These
criteria are known as the data quality objective (DQO) approach and the
lower confidence limit (LCL) approach. As one commenter requested, this
new guidance has been included in the final rule.
9. Clarification of Compliance Dates
Under the proposed rule, the compliance date for sources emitting
less than 50 tons of HAP per year is three years after the effective
date of the rule. For sources emitting more than 50 tons of HAP per
year, the compliance date is November 21, 1997. As one commenter
pointed out, however, the proposed rule did not include guidance as to
which year's emissions should be used to determine the compliance date
for a facility. In the final rule, 1996 is identified as the baseline
year for determining a facility's compliance date. If a facility's
emissions in 1996 are less than 50 tons of HAP then the compliance date
for that facility is December 7, 1998. If the facility's emissions are
50 tons of HAP or more in 1996 then the compliance date for the
facility is November 21, 1997.
10. Clarification of Definitions and Emission Limits for Adhesives
Several commenters requested clarification of some of the
definitions related to adhesives and also clarification as to which
adhesives are subject to the emission limits. One commenter indicated
they did not believe adhesives should be considered coatings. The EPA
agrees and has changed the definition of coating so that it no longer
includes adhesives. The definition of adhesive was also changed to
clarify that adhesives should not be considered coatings or finishing
materials under this subpart.
Several commenters also indicated that the rule should more
accurately reflect that contact adhesives are the only types of
adhesives that are subject to an emission limit under this subpart.
Several changes have been made in the definitions, Sec. 63.801, and in
the summary of emission limits, Sec. 63.802, that should clarify this
issue.
D. Other Issues
During the EPA work group review of the final rule, two of the EPA
offices represented on the work group indicated they had issues that
they believed needed to be addressed in the preamble. Both EPA offices
recognized that this rule was developed under a regulatory negotiation
approach, and they both indicated that they did not want these issues
to impact negatively on the consensus achieved during the regulatory
negotiation. These issues are addressed in the following paragraphs.
The EPA Office of Research and Development (ORD) expressed concern
about the differential use of toxicity information in the regulation.
In particular, the ORD was concerned about the prohibition of Class A
and B1/B2 carcinogens in cleaning and washoff solvents. The
ORD was concerned that this prohibition implies that these pollutants
are ``worse'' than other HAP, which may cause serious chronic health
effects and/or life-threatening acute effects. Concern was also
expressed that the regulation draws a line between pollutants with
``B'' and ``C'' designations, when the scientific evidence may not
support such a clear distinction. Because this regulation was developed
through a negotiation process, ORD agreed to include this provision in
the final regulation. However, it is important to emphasize that the
decision to include such a provision in this specific rulemaking does
not represent a generic policy decision on the use of weight-of-
evidence designations.
The second issue, which was raised by the Office of Pollution
Prevention and Toxics (OPPT), was also addressed in the preamble to the
proposed rule. The preamble to the proposed rule stressed that urea-
formaldehyde resins, which are used extensively in gluing operations in
the wood furniture and are a source of formaldehyde emissions, are not
subject to an emission limit under this regulation. During the
development of the regulation, the EPA, working closely with urea-
formaldehyde resin manufacturers and the wood furniture industry,
decided that it would be more appropriate to regulate emissions from
these adhesives under the NESHAP for plywood and particleboard
manufacturing. The OPPT has agreed with this approach, but they
indicated that the preamble to the final rule should reiterate the EPA
intention to regulate these adhesives under a future rulemaking.
Therefore, while the EPA is not regulating emissions from urea-
formaldehyde resins at wood furniture manufacturing facilities under
this rulemaking, emissions from these resins will be regulated under
the NESHAP for plywood and particleboard manufacturing.
IV. Administrative Requirements
A. Docket
The docket is an organized and complete file of all the information
considered by the EPA in the development of this rule. The docket is a
dynamic file; material is added throughout the rulemaking process. The
docketing system is intended to allow members of the public to readily
identify and locate documents so that they can effectively participate
in the rulemaking process. Along with the statement of the basis and
purpose of the proposed and promulgated standards and the EPA responses
to significant comments, the contents of the docket will serve as the
record in case of judicial review [Section 307(d)(7)(A)].
B. Paperwork Reduction Act
The Office of Management and Budget (OMB) has approved the
information collection requirements contained in this rule under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0324.
The information required to be collected by this rule is necessary
to identify the regulated entities who are subject to the rule and to
ensure their compliance with the rule. The recordkeeping and reporting
requirements are mandatory and are being established under authority of
Section 114 of the CAA. All information submitted to the EPA for which
a claim of confidentiality is made will be safeguarded according to the
EPA policies set forth in Title 40, Part 2, subpart B--Confidentiality
of Business Information.
The total annual reporting and recordkeeping burden for this
collection averaged over the first three years is estimated to be
140,603 hours per year. The average burden, per respondent, is 187
hours per year. The rule requires an initial one-time notification from
each respondent and subsequent reports/notification would have to be
submitted semiannually. There would be an estimated 750 respondents to
the collection requirements. This estimate 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.
Send comments on the EPA need for this information, the accuracy of
the
[[Page 62935]]
provided burden estimates, and any suggested methods for minimizing
respondent burden, including through the use of automated collection
techniques to the Director, OPPE Regulatory Information Division; U.S.
Environmental Protection Agency (2136); 401 M St. SW.; Washington, DC
20460; and to the Office of Information and Regulatory Affairs, Office
of Management and Budget, 725 17th St. NW; Washington, DC 20503; marked
``Attention: Desk Officer for EPA.'' Include the OMB control number in
any correspondence.
C. Administrative Designation and Regulatory Analysis
Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the
EPA is required to judge whether a regulation is ``significant'' and
therefore subject to OMB review and the requirements of this Executive
Order to prepare a regulatory impact analysis (RIA). The 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 obligations 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.
Pursuant to the terms of the Executive Order 12866, OMB has
notified the EPA that it considers this a ``significant regulatory
action'' within the meaning of the Executive Order. The EPA has
submitted this action to OMB for review. Changes made in response to
OMB suggestions or recommendations will be documented in the public
record.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the
EPA to consider potential impacts of proposed regulations on small
business ``entities.'' If a preliminary analysis indicates that a
proposed regulation would have a significant economic impact on 20
percent or more of small entities, then a regulatory flexibility
analysis must be performed. The EPA analysis of these impacts was
presented in the preamble to the proposed rule (59 FR 62652), and a
copy of the Economic Impact Regulatory Flexibility Analysis is included
in the docket. The final rule includes no changes that will be
deleterious to small businesses.
E. Unfunded Mandates 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, the
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
one year. Before promulgating an EPA rule for which a written statement
is required, Section 205 of the UMRA generally requires the 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 the 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 the 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 action promulgated today does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or Tribal governments in the
aggregate, or to the private sector. Therefore, the requirements of the
Unfunded Mandates Act do not apply to this action.
List of Subjects in 40 CFR Parts 9 and 63
Environmental Protection, Air Pollution Control, Hazardous
Substances, Wood Furniture Manufacturing, Reporting and Recordkeeping
Requirements.
Dated: November 14, 1995.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, Title 40, Chapter I, of
the Code of Federal Regulations is amended as set forth below:
PART 9--[AMENDED]
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 135-136y; 15 U.S.C. 2001, 2003,
2005, 2006, 2601-2671; 21 U.S.C. 331j; 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 1345
(d) and (e), 1361; E.O. 11735, 38 FR 21234, 3 CFR, 1971-1975, Comp.
p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 300g-2,
300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 300j-4,
300j-9, 1857 et seq., 6901-G992k, 7401-7671q, 7542, 9601-9657,
11023, 11048.
2. Section 9.1 is amended by adding in numerical order a new entry
to the table under the indicated heading to read as follows:
Sec. 9.1 OMB approvals under the Paperwork Reduction Act.
* * * * *
------------------------------------------------------------------------
OMB control
40 CFR citation No.
------------------------------------------------------------------------
National Emission Standards for Hazardous Air Pollutants
for Source Categories:
63-806-63-807............................................ 2060-0324
------------------------------------------------------------------------
* * * * *
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Part 63 is amended by adding subpart JJ to read as follows:
Subpart JJ--National Emission Standards for Wood Furniture
Manufacturing Operations
Sec.
63.800 Applicability.
63.801 Definitions.
63.802 Emission limits.
63.803 Work practice standards.
63.804 Compliance procedures and monitoring requirements.
63.805 Performance test methods.
63.806 Recordkeeping requirements.
63.807 Reporting requirements.
63.808 Delegation of authority.
63.809-63.819 [Reserved].
[[Page 62936]]
Tables to Subpart JJ
Subpart JJ--National Emission Standards for Wood Furniture
Manufacturing Operations
Sec. 63.800 Applicability.
(a) The affected source to which this subpart applies is each
facility that is engaged, either in part or in whole, in the
manufacture of wood furniture or wood furniture components and that is
located at a plant site that is a major source as defined in 40 CFR
part 63.2. The owner or operator of a source that meets the criteria
for an incidental furniture manufacturer shall maintain purchase or
usage records demonstrating the source meets the criteria specified in
Sec. 63.801 of this subpart, but the source shall not be subject to any
other provisions of this subpart.
(b) A source that complies with the limits and criteria specified
in paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area
source for the purposes of this subpart and is not subject to any other
provision of this rule, provided that: In the case of parargraphs
(b)(1) and (b)(2), finishing materials, adhesives, cleaning solvents
and washoff solvents account for at least 90 percent of annual HAP
emissions at the plant site, and if the plant site has HAP emissions
that do not originate from the listed materials, the owner or operator
keeps any records necessary to demonstrate that the 90 percent
criterion is met. A source that initially relies on the limits and
criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) to become
an area source, but subsequently exceeds the relevant limit (without
first obtaining and complying with other limits that keep its potential
to emit hazardous air pollutants below major source levels), becomes a
major source and must comply thereafter with all applicable provisions
of this subpart starting on the applicable compliance date in
Sec. 63.800. Nothing in this paragraph (b) is intended to preclude a
source from limiting its potential to emit through other appropriate
mechanisms that may be available through the permitting authority.
(1) The owner or operator of the source uses no more than 250
gallons per month, for every month, of coating, gluing, cleaning, and
washoff materials at the source, including materials used for source
categories other than wood furniture (surface coating), but excluding
materials used in routine janitorial or facility grounds maintenance,
personal uses by employees or other persons, the use of products for
the purpose of maintaining motor vehicles operated by the facility, or
the use of toxic chemicals contained in intake water (used for
processing or noncontact cooling) or intake air (used either as
compressed air or for combustion). The owner or operator shall maintain
records of the total gallons of coating, gluing, cleaning, and washoff
materials used each month, and upon request submit such records to the
Administrator. These records shall be maintained for five years.
(2) The owner or operator of the source uses no more than 3,000
gallons per rolling 12-month period, for every 12-month period, of
coating, gluing, cleaning, and washoff materials at the source,
including materials used for source categories other than wood
furniture (surface coating), but excluding materials used in routine
janitorial or facility grounds maintenance, personal uses by employees
or other persons, the use of products for the purpose of maintaining
motor vehicles operated by the facility, or the use of toxic chemicals
contained in intake water (used for processing or noncontact cooling)
or intake air (used either as compressed air or for combustion). A
rolling 12-month period includes the previous 12 months of operation.
The owner or operator of the source shall maintain records of the total
gallons of coating, gluing, cleaning, and washoff materials used each
month and the total gallons used each previous month, and upon request
submit such records to the Administrator. Because records are needed
over the previous set of 12 months, the owner or operator shall keep
monthly records beginning no less than one year before the compliance
date specified in Sec. 63.800(e). Records shall be maintained for five
years.
(3) The source uses materials containing no more than 4.5 Mg (5
tons) of any one HAP per rolling 12-month period or no more than 11.4
Mg (12.5 tons) of any combination of HAP per rolling 12-month period,
including materials from source categories other than wood furniture;
and at least 90 percent of the plantwide emissions per rolling 12-month
period are associated with the manufacture of wood furniture or wood
furniture components. The owner or operator shall maintain records that
demonstrate that annual emissions do not exceed these levels, including
monthly usage records for all finishing, gluing, cleaning, and washoff
materials; certified product data sheets for these materials; and any
other records necessary to document emissions from source categories
other than wood furniture and upon request submit such records to the
Administrator. These records shall be maintained for five years.
(c) This subpart does not apply to research or laboratory
facilities as defined in Sec. 63.801.
(d) Owners or operators of affected sources shall also comply with
the requirements of subpart A of this part (General Provisions),
according to the applicability of subpart A to such sources, as
identified in Table 1 of this subpart.
(e) The compliance date for existing affected sources that emit
less than 50 tons per year of HAP in 1996 is December 7, 1998. The
compliance date for existing affected sources that emit 50 tons or more
of hazardous air pollutants in 1996 is November 21, 1997. The owner or
operator of an existing area source that increases its emissions of (or
its potential to emit) HAP such that the source becomes a major source
that is subject to this subpart shall comply with this subpart one year
after becoming a major source.
(f) New affected sources must comply with the provisions of this
standard immediately upon startup or by December 7, 1995, whichever is
later. New area sources that become major sources shall comply with the
provisions of this standard immediately upon becoming a major source.
(g) Reconstructed affected sources are subject to the requirements
for new affected sources. The costs associated with the purchase and
installation of air pollution control equipment (e.g., incinerators,
carbon adsorbers, etc.) are not considered in determining whether the
facility has been reconstructed, unless the control equipment is
required as part of the process (e.g., product recovery). Additionally,
the costs of retrofitting and replacement of equipment that is
installed specifically to comply with this subpart are not considered
reconstruction costs. For example, an affected source may convert to
waterborne coatings to meet the requirements of this subpart. At most
facilities, this conversion will require the replacement of existing
storage tanks, mix equipment, and transfer lines. The cost of replacing
the equipment is not considered in determining whether the facility has
been reconstructed.
Sec. 63.801 Definitions.
(a) All terms used in this subpart that are not defined below have
the meaning given to them in the CAA and in subpart A (General
Provisions) of this part.
Adhesive means any chemical substance that is applied for the
purpose
[[Page 62937]]
of bonding two surfaces together other than by mechanical means. Under
this subpart, adhesives shall not be considered coatings or finishing
materials. Products used on humans and animals, adhesive tape, contact
paper, or any other product with an adhesive incorporated onto or in an
inert substrate shall not be considered adhesives under this subpart.
Administrator means the Administrator of the United States
Environmental Protection Agency or his or her authorized
representative.
Aerosol adhesive means an adhesive that is dispensed from a
pressurized container as a suspension of fine solid or liquid particles
in gas.
Affected source means a wood furniture manufacturing facility that
is engaged, either in part or in whole, in the manufacture of wood
furniture or wood furniture components and that is located at a plant
site that is a major source as defined in 40 CFR part 63.2, excluding
sources that meet the criteria established in Sec. 63.800(a), (b) and
(c) of this subpart.
Alternative method means any method of sampling and analyzing for
an air pollutant that is not a reference or equivalent method but has
been demonstrated to the Administrator's satisfaction to, in specific
cases, produce results adequate for a determination of compliance.
As applied means the HAP and solids content of the coating or
contact adhesive that is actually used for coating or gluing the
substrate. It includes the contribution of materials used for in-house
dilution of the coating or contact adhesive.
Basecoat means a coat of colored material, usually opaque, that is
applied before graining inks, glazing coats, or other opaque finishing
materials, and is usually topcoated for protection.
Baseline conditions means the conditions that exist prior to an
affected source implementing controls, such as a control system.
Building enclosure means a building housing a process that meets
the requirements of a temporary total enclosure. The EPA Method 204E is
used to identify all emission points from the building enclosure and to
determine which emission points must be tested. For additional
information see Guidelines for Determining Capture Efficiency, January
1994. Docket No. A-93-10, Item No. IV-B-1.
Capture device means a hood, enclosed room, floor sweep, or other
means of collecting solvent emissions or other pollutants into a duct
so that the pollutant can be directed to a pollution control device
such as an incinerator or carbon adsorber.
Capture efficiency means the fraction of all organic vapors
generated by a process that are directed to a control device.
Certified product data sheet (CPDS) means documentation furnished
by coating or adhesive suppliers or an outside laboratory that provides
the HAP content of a finishing material, contact adhesive, or solvent,
by percent weight, measured using the EPA Method 311 (as promulgated in
this subpart), or an equivalent or alternative method (or formulation
data if the coating meets the criteria specified in Sec. 63.805(a));
the solids content of a finishing material or contact adhesive by
percent weight, determined using data from the EPA Method 24, or an
alternative or equivalent method (or formulation data if the coating
meets the criteria specified in Sec. 63.805(a)); and the density,
measured by EPA Method 24 or an alternative or equivalent method.
Therefore, the reportable HAP content should represent the maximum
aggregate emissions potential of the finishing material, adhesive, or
solvent in concentrations greater than or equal to 1.0 percent by
weight or 0.1 percent for HAP that are carcinogens, as defined by the
Occupational Safety and Health Administration Hazard Communication
Standard (29 CFR part 1910), as formulated. The purpose of the CPDS is
to assist the affected source in demonstrating compliance with the
emission limitations presented in Sec. 63.802.
(Note: Because the optimum analytical conditions under EPA
Method 311 vary by coating, the coating or adhesive supplier may
also choose to include on the CPDS the optimum analytical conditions
for analysis of the coating, adhesive, or solvent using EPA Method
311. Such information may include, but not be limited to, separation
column, oven temperature, carrier gas, injection port temperature,
extraction solvent, and internal standard.)
Cleaning operations means operations in which organic solvent is
used to remove coating materials or adhesives from equipment used in
wood furniture manufacturing operations.
Coating means a protective, decorative, or functional film applied
in a thin layer to a surface. Such materials include, but are not
limited to, paints, topcoats, varnishes, sealers, stains, washcoats,
basecoats, enamels, inks, and temporary protective coatings.
Coating application station means the part of a coating operation
where the coating is applied, e.g., a spray booth.
Coating operation means those activities in which a coating is
applied to a substrate and is subsequently air-dried, cured in an oven,
or cured by radiation.
Coating solids (or solids) means the part of the coating which
remains after the coating is dried or cured; solids content is
determined using data from the EPA Method 24, or an equivalent or
alternative method.
Compliant coating/contact adhesive means a finishing material,
contact adhesive, or strippable booth coating that meets the emission
limits specified in Table 3 of this subpart.
Contact adhesive means an adhesive that is applied to two
substrates, dried, and mated under only enough pressure to result in
good contact. The bond is immediate and sufficiently strong to hold
pieces together without further clamping, pressure, or airing.
Continuous coater means a finishing system that continuously
applies finishing materials onto furniture parts moving along a
conveyor. Finishing materials that are not transferred to the part are
recycled to a reservoir. Several types of application methods can be
used with a continuous coater including spraying, curtain coating, roll
coating, dip coating, and flow coating.
Continuous compliance means that the affected source is meeting the
emission limitations and other requirements of the rule at all times
and is fulfilling all monitoring and recordkeeping provisions of the
rule in order to demonstrate compliance.
Control device means any equipment that reduces the quantity of a
pollutant that is emitted to the air. The device may destroy or secure
the pollutant for subsequent recovery. Includes, but is not limited to,
incinerators, carbon adsorbers, and condensers.
Control device efficiency means the ratio of the pollutant released
by a control device and the pollutant introduced to the control device.
Control system means the combination of capture and control devices
used to reduce emissions to the atmosphere.
Conventional air spray means a spray coating method in which the
coating is atomized by mixing it with compressed air and applied at an
air pressure greater than 10 pounds per square inch (gauge) at the
point of atomization. Airless and air assisted airless spray
technologies are not conventional air spray because the coating is not
atomized by mixing it with compressed air. Electrostatic spray
technology is also not considered conventional air spray because an
electrostatic charge is employed to attract the coating to the
workpiece.
Data quality objective (DQO) approach means a set of approval
[[Page 62938]]
criteria that must be met so that data from an alternative test method
can be used in determining the capture efficiency of a control system.
For additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
Day means a period of 24 consecutive hours beginning at midnight
local time, or beginning at a time consistent with a facility's
operating schedule.
Disposed offsite means sending used organic solvent or coatings
outside of the facility boundaries for disposal.
Emission means the release or discharge, whether directly or
indirectly, of HAP into the ambient air.
Enamel means a coat of colored material, usually opaque, that is
applied as a protective topcoat over a basecoat, primer, or previously
applied enamel coats. In some cases, another finishing material may be
applied as a topcoat over the enamel.
Equipment leak means emissions of volatile hazardous air pollutants
from pumps, valves, flanges, or other equipment used to transfer or
apply coatings, adhesives, or organic solvents.
Equivalent method means any method of sampling and analyzing for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method, under specific conditions.
Finishing material means a coating used in the wood furniture
industry. Such materials include, but are not limited to, stains,
basecoats, washcoats, enamels, sealers, and topcoats.
Finishing operation means those operations in which a finishing
material is applied to a substrate and is subsequently air-dried, cured
in an oven, or cured by radiation.
Foam adhesive means a contact adhesive used for gluing foam to
fabric, foam to foam, and fabric to wood.
Gluing operation means those operations in which adhesives are used
to join components, for example, to apply a laminate to a wood
substrate or foam to fabric.
Incidental wood furniture manufacturer means a major source that is
primarily engaged in the manufacture of products other than wood
furniture or wood furniture components and that uses no more than 100
gallons per month of finishing material or adhesives in the manufacture
of wood furniture or wood furniture components.
Incinerator means, for the purposes of this industry, an enclosed
combustion device that thermally oxidizes volatile organic compounds to
CO and CO2. This term does not include devices that burn municipal
or hazardous waste material.
Janitorial maintenance means the upkeep of equipment or building
structures that is not directly related to the manufacturing process,
for example, cleaning of restroom facilities.
Lower confidence limit (LCL) approach means a set of approval
criteria that must be met so that data from an alternative test method
can be used in determining the capture efficiency of a control system.
For additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
Material safety data sheet (MSDS) means the documentation required
for hazardous chemicals by the Occupational Safety and Health
Administration (OSHA) Hazard Communication Standard (29 CFR Part 1910)
for a solvent, cleaning material, contact adhesive, coating, or other
material that identifies select reportable hazardous ingredients of the
material, safety and health considerations, and handling procedures.
Noncompliant coating/contact adhesive means a finishing material,
contact adhesive, or strippable booth coating that has a VHAP content
(VOC content for the strippable booth coating) greater than the
emission limitation presented in Table 3 of this subpart.
Nonporous substrate means a surface that is impermeable to liquids.
Examples include metal, rigid plastic, flexible vinyl, and rubber.
Normally closed container means a container that is closed unless
an operator is actively engaged in activities such as emptying or
filling the container.
Operating parameter value means a minimum or maximum value
established for a control device or process parameter that, if achieved
by itself or in combination with one or more other operating parameter
values, determines that an owner or operator has complied with an
applicable emission limit.
Organic solvent means a volatile organic liquid that is used for
dissolving or dispersing constituents in a coating or contact adhesive,
adjusting the viscosity of a coating or contact adhesive, or cleaning
equipment. When used in a coating or contact adhesive, the organic
solvent evaporates during drying and does not become a part of the
dried film.
Overall control efficiency means the efficiency of a control
system, calculated as the product of the capture and control device
efficiencies, expressed as a percentage.
Permanent total enclosure means a permanently installed enclosure
that completely surrounds a source of emissions such that all emissions
are captured and contained for discharge through a control device. For
additional information, see Guidelines for Determining Capture
Efficiency, January 1994. (Docket No. A-93-10, Item No. IV-B-1).
Recycled onsite means the reuse of an organic solvent in a process
other than cleaning or washoff.
Reference method means any method of sampling and analyzing for an
air pollutant that is published in Appendix A of 40 CFR part 60.
Research or laboratory facility means any stationary source whose
primary purpose is to conduct research and development to develop new
processes and products where such source is operated under the close
supervision of technically trained personnel and is not engaged in the
manufacture of products for commercial sale in commerce, except in a de
minimis manner.
Responsible official has the meaning given to it in 40 CFR part 70,
State Operating Permit Programs (Title V permits).
Sealer means a finishing material used to seal the pores of a wood
substrate before additional coats of finishing material are applied.
Special purpose finishing materials that are used in some finishing
systems to optimize aesthetics are not sealers.
Solvent means a liquid used in a coating or contact adhesive to
dissolve or disperse constituents and/or to adjust viscosity. It
evaporates during drying and does not become a part of the dried film.
Stain means any color coat having a solids content by weight of no
more than 8.0 percent that is applied in single or multiple coats
directly to the substrate. It includes, but is not limited to, nongrain
raising stains, equalizer stains, prestains, sap stains, body stains,
no-wipe stains, penetrating stains, and toners.
Storage containers means vessels or tanks, including mix equipment,
used to hold finishing, gluing, cleaning, or washoff materials.
Strippable spray booth material means a coating that:
(1) Is applied to a spray booth wall to provide a protective film
to receive overspray during finishing operations;
(2) That is subsequently peeled off and disposed; and
(3) By achieving (1) and (2), reduces or eliminates the need to use
organic solvents to clean spray booth walls.
Substrate means the surface onto which a coating or contact
adhesive is
[[Page 62939]]
applied (or into which a coating or contact adhesive is impregnated).
Temporary total enclosure means an enclosure that meets the
requirements of Sec. 63.805(e)(1) (i) through (iv) and is not
permanent, but constructed only to measure the capture efficiency of
pollutants emitted from a given source. Additionally, any exhaust point
from the enclosure shall be at least four equivalent duct or hood
diameters from each natural draft opening. For additional information,
see Guidelines for Determining Capture Efficiency, January 1994.
(Docket No. A-93-10, Item No. IV-B-1).
Thinner means a volatile liquid that is used to dilute coatings or
contact adhesives (to reduce viscosity, color strength, and solids, or
to modify drying conditions).
Topcoat means the last film-building finishing material that is
applied in a finishing system.
Touchup and repair means the application of finishing materials to
cover minor finishing imperfections.
VHAP means any volatile hazardous air pollutant listed in Table 2
to Subpart JJ.
VHAP of potential concern means any VHAP from the nonthreshold,
high concern, or unrankable list in Table b of this subpart.
Volatile organic compound (VOC) means any organic compound which
participates in atmospheric photochemical reactions, that is, any
organic compound other than those which the Administrator designates as
having negligible photochemical reactivity. A VOC may be measured by a
reference method, an equivalent method, an alternative method, or by
procedures specified under any rule. A reference method, an equivalent
method, or an alternative method, however, may also measure nonreactive
organic compounds. In such cases, the owner or operator may exclude the
nonreactive organic compounds when determining compliance with a
standard. For a list of compounds that the Administrator has designated
as having negligible photochemical reactivity, refer to 40 CFR part
51.10.
Washcoat means a transparent special purpose finishing material
having a solids content by weight of 12.0 percent by weight or less.
Washcoats are applied over initial stains to protect, to control color,
and to stiffen the wood fibers in order to aid sanding.
Washoff operations means those operations in which organic solvent
is used to remove coating from wood furniture or a wood furniture
component.
Wood furniture means any product made of wood, a wood product such
as rattan or wicker, or an engineered wood product such as
particleboard that is manufactured under any of the following standard
industrial classification codes: 2434, 2511, 2512, 2517, 2519, 2521,
2531, 2541, 2599, or 5712.
Wood furniture component means any part that is used in the
manufacture of wood furniture. Examples include, but are not limited
to, drawer sides, cabinet doors, seat cushions, and laminated tops.
Wood furniture manufacturing operations means the finishing,
gluing, cleaning, and washoff operations associated with the production
of wood furniture or wood furniture components.
(b) The nomenclature used in this subpart has the following
meaning:
(1) Ak = the area of each natural draft opening (k) in a total
enclosure, in square meters.
(2) Cc=the VHAP content of a finishing material (c), in
kilograms of volatile hazardous air pollutants per kilogram of coating
solids (kg VHAP/kg solids), as supplied. Also given in pounds of
volatile hazardous air pollutants per pound of coating solids (lb VHAP/
lb solids).
(3) Caj=the concentration of VHAP in gas stream (j) exiting
the control device, in parts per million by volume.
(4) Cbi=the concentration of VHAP in gas stream (i) entering
the control device, in parts per million by volume.
(5) Cdi=the concentration of VHAP in gas stream (i) entering
the control device from the affected source, in parts per million by
volume.
(6) Cfk=the concentration of VHAP in uncontrolled gas stream
(k) emitted directly to the atmosphere from the affected source, in
parts per million by volume.
(7) E=the emission limit achieved by an emission point or a set of
emission points, in kg VHAP/kg solids (lb VHAP/lb solids).
(8) F=the control device efficiency, expressed as a fraction.
(9) FV=the average inward face velocity across all natural draft
openings in a total enclosure, in meters per hour.
(10) G=the VHAP content of a contact adhesive, in kg VHAP/kg solids
(lb VHAP/lb solids), as applied.
(11) M=the mass of solids in finishing material used monthly, kg
solids/month (lb solids/month).
(12) N=the capture efficiency, expressed as a fraction.
(13) Qaj=the volumetric flow rate of gas stream (j) exiting
the control device, in dry standard cubic meters per hour.
(14) Qbi=the volumetric flow rate of gas stream (i) entering
the control device, in dry standard cubic meters per hour.
(15) Qdi=the volumetric flow rate of gas stream (i) entering
the control device from the emission point, in dry standard cubic
meters per hour.
(16) Qfk=the volumetric flow rate of uncontrolled gas stream
(k) emitted directly to the atmosphere from the emission point, in dry
standard cubic meters per hour.
(17) Qini=the volumetric flow rate of gas stream (i) entering
the total enclosure through a forced makeup air duct, in standard cubic
meters per hour (wet basis).
(18) Qoutj=the volumetric flow rate of gas stream (j) exiting
the total enclosure through an exhaust duct or hood, in standard cubic
meters per hour (wet basis).
(19) R=the overall efficiency of the control system, expressed as a
percentage.
(20) S=the VHAP content of a solvent, expressed as a weight
fraction, added to finishing materials.
(21) W=the amount of solvent, in kilograms (pounds), added to
finishing materials during the monthly averaging period.
(22) ac=after the control system is installed and operated.
(23) bc=before control.
Sec. 63.802 Emission limits.
(a) Each owner or operator of an existing affected source subject
to this subpart shall:
(1) Limit VHAP emissions from finishing operations by meeting the
emission limitations for existing sources presented in Table 3 of this
subpart, using any of the compliance methods in Sec. 63.804(a). To
determine VHAP emissions from a finishing material containing
formaldehyde or styrene, the owner or operator of the affected source
shall use the methods presented in Sec. 63.803(l)(2) for determining
styrene and formaldehyde usage.
(2) Limit VHAP emissions from contact adhesives by achieving a VHAP
limit for contact adhesives based on the following criteria:
(i) For foam adhesives (contact adhesives used for upholstery
operations) used in products that meet the upholstered seating
flammability requirements of California Technical Bulletin 116, 117, or
133, the Business and Institutional Furniture Manufacturers
Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar
requirements from local, State, or Federal fire regulatory agencies,
the VHAP content of the adhesive shall not
[[Page 62940]]
exceed 1.8 kg VHAP/kg solids (1.8 lb VHAP/lb solids), as applied; or
(ii) For all other contact adhesives (including foam adhesives used
in products that do not meet the standards presented in paragraph
(a)(2)(i) of this section, but excluding aerosol adhesives and
excluding contact adhesives applied to nonporous substrates, the VHAP
content of the adhesive shall not exceed 1.0 kg VHAP/kg solids (1.0 lb
VHAP/lb solids), as applied.
(3) Limit HAP emissions from strippable spray booth coatings by
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb
VOC/lb solids), as applied.
(b) Each owner or operator of a new affected source subject to this
subpart shall:
(1) Limit VHAP emissions from finishing operations by meeting the
emission limitations for new sources presented in Table 3 of this
subpart using any of the compliance methods in Sec. 63.804(d). To
determine VHAP emissions from a finishing material containing
formaldehyde or styrene, the owner or operator of the affected source
shall use the methods presented in Sec. 63.803(l)(2) for determining
styrene and formaldehyde usage.
(2) Limit VHAP emissions from contact adhesives by achieving a VHAP
limit for contact adhesives, excluding aerosol adhesives and excluding
contact adhesives applied to nonporous substrates, of no greater than
0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied, using either
of the compliance methods in Sec. 63.804(e).
(3) Limit HAP emissions from strippable spray booth coatings by
using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb
VOC/lb solids), as applied.
Sec. 63.803 Work practice standards.
(a) Work practice implementation plan. Each owner or operator of an
affected source subject to this subpart shall prepare and maintain a
written work practice implementation plan that defines environmentally
desirable work practices for each wood furniture manufacturing
operation and addresses each of the work practice standards presented
in paragraphs (b) through (l) of this section. The plan shall be
developed no more than 60 days after the compliance date. The written
work practice implementation plan shall be available for inspection by
the Administrator upon request. If the Administrator determines that
the work practice implementation plan does not adequately address each
of the topics specified in paragraphs (b) through (l) of this section
or that the plan does not include sufficient mechanisms for ensuring
that the work practice standards are being implemented, the
Administrator may require the affected source to modify the plan.
Revisions or modifications to the plan do not require a revision of the
source's Title V permit.
(b) Operator training course. Each owner or operator of an affected
source shall train all new and existing personnel, including contract
personnel, who are involved in finishing, gluing, cleaning, and washoff
operations, use of manufacturing equipment, or implementation of the
requirements of this subpart. All new personnel, those hired after the
compliance date of the standard, shall be trained upon hiring. All
existing personnel, those hired before the compliance date of the
standard, shall be trained within six months of the compliance date of
the standard. All personnel shall be given refresher training annually.
The affected source shall maintain a copy of the training program with
the work practice implementation plan. The training program shall
include, at a minimum, the following:
(1) A list of all current personnel by name and job description
that are required to be trained;
(2) An outline of the subjects to be covered in the initial and
refresher training for each position or group of personnel;
(3) Lesson plans for courses to be given at the initial and the
annual refresher training that include, at a minimum, appropriate
application techniques, appropriate cleaning and washoff procedures,
appropriate equipment setup and adjustment to minimize finishing
material usage and overspray, and appropriate management of cleanup
wastes; and
(4) A description of the methods to be used at the completion of
initial or refresher training to demonstrate and document successful
completion.
(c) Inspection and maintenance plan. Each owner or operator of an
affected source shall prepare and maintain with the work practice
implementation plan a written leak inspection and maintenance plan that
specifies:
(1) A minimum visual inspection frequency of once per month for all
equipment used to transfer or apply coatings, adhesives, or organic
solvents;
(2) An inspection schedule;
(3) Methods for documenting the date and results of each inspection
and any repairs that were made;
(4) The timeframe between identifying the leak and making the
repair, which adheres, at a minimum, to the following schedule:
(i) A first attempt at repair (e.g., tightening of packing glands)
shall be made no later than five calendar days after the leak is
detected; and
(ii) Final repairs shall be made within 15 calendar days after the
leak is detected, unless the leaking equipment is to be replaced by a
new purchase, in which case repairs shall be completed within three
months.
(d) Cleaning and washoff solvent accounting system. Each owner or
operator of an affected source shall develop an organic solvent
accounting form to record:
(1) The quantity and type of organic solvent used each month for
washoff and cleaning, as defined in Sec. 63.801 of this subpart;
(2) The number of pieces washed off, and the reason for the
washoff; and
(3) The quantity of spent solvent generated from each washoff and
cleaning operation each month, and whether it is recycled onsite or
disposed offsite.
(e) Chemical composition of cleaning and washoff solvents. Each
owner or operator of an affected source shall not use cleaning or
washoff solvents that contain any of the pollutants listed in Table 4
to this subpart, in concentrations subject to MSDS reporting as
required by OSHA.
(f) Spray booth cleaning. Each owner or operator of an affected
source shall not use compounds containing more than 8.0 percent by
weight of VOC for cleaning spray booth components other than conveyors,
continuous coaters and their enclosures, or metal filters, unless the
spray booth is being refurbished. If the spray booth is being
refurbished, that is the spray booth coating or other protective
material used to cover the booth is being replaced, the affected source
shall use no more than 1.0 gallon of organic solvent per booth to
prepare the surface of the booth prior to applying the booth coating.
(g) Storage requirements. Each owner or operator of an affected
source shall use normally closed containers for storing finishing,
gluing, cleaning, and washoff materials.
(h) Application equipment requirements. Each owner or operator of
an affected source shall use conventional air spray guns to apply
finishing materials only under any of the following circumstances:
(1) To apply finishing materials that have a VOC content no greater
than 1.0 lb VOC/lb solids, as applied;
(2) For touchup and repair under the following conditions:
(i) The touchup and repair occurs after completion of the finishing
operation; or
[[Page 62941]]
(ii) The touchup and repair occurs after the application of stain
and before the application of any other type of finishing material, and
the materials used for touchup and repair are applied from a container
that has a volume of no more than 2.0 gallons.
(3) When spray is automated, that is, the spray gun is aimed and
triggered automatically, not manually;
(4) When emissions from the finishing application station are
directed to a control device;
(5) The conventional air gun is used to apply finishing materials
and the cumulative total usage of that finishing material is no more
than 5.0 percent of the total gallons of finishing material used during
that semiannual period; or
(6) The conventional air gun is used to apply stain on a part for
which it is technically or economically infeasible to use any other
spray application technology.
The affected source shall demonstrate technical or economic
infeasibility by submitting to the Administrator a videotape, a
technical report, or other documentation that supports the affected
source's claim of technical or economic infeasibility. The following
criteria shall be used, either independently or in combination, to
support the affected source's claim of technical or economic
infeasibility:
(i) The production speed is too high or the part shape is too
complex for one operator to coat the part and the application station
is not large enough to accommodate an additional operator; or
(ii) The excessively large vertical spray area of the part makes it
difficult to avoid sagging or runs in the stain.
(i) Line cleaning. Each owner or operator of an affected source
shall pump or drain all organic solvent used for line cleaning into a
normally closed container.
(j) Gun cleaning. Each owner or operator of an affected source
shall collect all organic solvent used to clean spray guns into a
normally closed container.
(k) Washoff operations. Each owner or operator of an affected
source shall control emissions from washoff operations by:
(1) Using normally closed tanks for washoff; and
(2) Minimizing dripping by tilting or rotating the part to drain as
much solvent as possible.
(l) Formulation assessment plan for finishing operations. Each
owner or operator of an affected source shall prepare and maintain with
the work practice implementation plan a formulation assessment plan
that:
(1) Identifies VHAP from the list presented in Table 5 of this
subpart that are being used in finishing operations by the affected
source;
(2) Establishes a baseline level of usage by the affected source,
for each VHAP identified in paragraph (l)(1) of this section. The
baseline usage level shall be the highest annual usage from 1994, 1995,
or 1996, for each VHAP identified in paragraph (l)(1) of this section.
For formaldehyde, the baseline level of usage shall be based on the
amount of free formaldehyde present in the finishing material when it
is applied. For styrene, the baseline level of usage shall be an
estimate of unreacted styrene, which shall be calculated by multiplying
the amount of styrene monomer in the finishing material, when it is
applied, by a factor of 0.16. Sources using a control device to reduce
emissions may adjust their usage based on the overall control
efficiency of the control system, which is determined using the
equation in Sec. 63.805 (d) or (e).
(3) Tracks the annual usage of each VHAP identified in (l)(1) by
the affected source that is present in amounts subject to MSDS
reporting as required by OSHA.
(4) If, after November 1998, the annual usage of the VHAP
identified in paragraph (l)(1) exceeds its baseline level, then the
owner or operator of the affected source shall provide a written
notification to the permitting authority that describes the amount of
the increase and explains the reasons for exceedance of the baseline
level. The following explanations would relieve the owner or operator
from further action, unless the affected source is not in compliance
with any State regulations or requirements for that VHAP:
(i) The exceedance is no more than 15.0 percent above the baseline
level;
(ii) Usage of the VHAP is below the de minimis level presented in
Table 5 of this subpart for that VHAP (sources using a control device
to reduce emissions may adjust their usage based on the overall control
efficiency of the control system, which is determined using the
procedures in Sec. 63.805 (d) or (e);
(iii) The affected source is in compliance with its State's air
toxic regulations or guidelines for the VHAP; or
(iv) The source of the pollutant is a finishing material with a VOC
content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as
applied.
(5) If none of the above explanations are the reason for the
increase, the owner or operator shall confer with the permitting
authority to discuss the reason for the increase and whether there are
practical and reasonable technology-based solutions for reducing the
usage. The evaluation of whether a technology is reasonable and
practical shall be based on cost, quality, and marketability of the
product, whether the technology is being used successfully by other
wood furniture manufacturing operations, or other criteria mutually
agreed upon by the permitting authority and owner or operator. If there
are no practical and reasonable solutions, the facility need take no
further action. If there are solutions, the owner or operator shall
develop a plan to reduce usage of the pollutant to the extent feasible.
The plan shall address the approach to be used to reduce emissions, a
timetable for implementing the plan, and a schedule for submitting
notification of progress.
(6) If after November 1998, an affected source uses a VHAP of
potential concern for which a baseline level has not been previously
established, then the baseline level shall be established as the de
minimis level, based on 70 year exposure levels and data provided in
the proposed rulemaking pursuant to Section 112(g) of the CAA, for that
pollutant. A list of VHAP of potential concern is provided in Table 6
of this subpart. If usage of the VHAP of potential concern exceeds the
de minimis level, then the affected source shall provide an explanation
to the permitting authority that documents the reason for exceedance of
the de minimis level. If the explanation is not one of those listed in
paragraphs (l)(4)(i) through (l)(4)(iv), the affected source shall
follow the procedures established in (l)(5).
Sec. 63.804 Compliance procedures and monitoring requirements.
(a) The owner or operator of an existing affected source subject to
Sec. 63.802(a)(1) shall comply with those provisions using any of the
methods presented in Sec. 63.804 (a)(1) through (a)(4).
(1) Calculate the average VHAP content for all finishing materials
used at the facility using Equation 1, and maintain a value of E no
greater than 1.0;
E=(Mc1Cc1 + Mc2Cc2 + * * * + McnCcn +
S1W1 + S2W2 + * * * SnWn)/(Mc1 +
Mc2 + * * * + Mcn) Equation 1
(2) Use compliant finishing materials according to the following
criteria:
(i) Demonstrate that each stain, sealer, and topcoat has a VHAP
content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids),
as applied, and each thinner contains no more than 10.0
[[Page 62942]]
percent VHAP by weight by maintaining certified product data sheets for
each coating and thinner;
(ii) Demonstrate that each washcoat, basecoat, and enamel that is
purchased pre-made, that is, it is not formulated onsite by thinning
another finishing material, has a VHAP content of no more than 1.0 kg
VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner
contains no more than 10.0 percent VHAP by weight by maintaining
certified product data sheets for each coating and thinner; and
(iii) Demonstrate that each washcoat, basecoat, and enamel that is
formulated at the affected source is formulated using a finishing
material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb
solids) and a thinner containing no more than 3.0 percent VHAP by
weight.
(3) Use a control system with an overall control efficiency (R)
such that the value of Eac in Equation 2 is no greater than 1.0.
R=[(Ebc-Eac)/Ebc](100) Equation 2
The value of Ebc in Equation 2 shall be calculated using
Equation 1; or
(4) Use any combination of an averaging approach, as described in
paragraph (a)(1) of this section, compliant finishing materials, as
described in paragraph (a)(2) of this section, and a control system, as
described in paragraph (a)(3) of this section.
(b) The owner or operator of an affected source subject to
Sec. 63.802(a)(2)(i) shall comply with the provisions by using
compliant foam adhesives with a VHAP content no greater than 1.8 kg
VHAP/kg solids (1.8 lb VHAP/lb solids), as applied.
(c) The owner or operator of an affected source subject to
Sec. 63.802(a)(2)(ii) shall comply with those provisions by using
either of the methods presented in Sec. 63.804 (c)(1) and (c)(2).
(1) Use compliant contact adhesives with a VHAP content no greater
than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied; or
(2) Use a control system with an overall control efficiency (R)
such that the value of Gac is no greater than 1.0.
R=[(Gbc-Gac)/Gbc] (100) Equation 3
(d) The owner or operator of a new affected source subject to
Sec. 63.802(b)(1) may comply with those provisions by using any of the
following methods:
(1) Calculate the average VHAP content across all finishing
materials used at the facility using Equation 1, and maintain a value
of E no greater than 0.8;
(2) Use compliant finishing materials according to the following
criteria:
(i) Demonstrate that each sealer and topcoat has a VHAP content of
no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied,
each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids
(1.0 lb VHAP/lb solids), as applied, and each thinner contains no more
than 10.0 percent VHAP by weight;
(ii) Demonstrate that each washcoat, basecoat, and enamel that is
purchased pre-made, that is, it is not formulated onsite by thinning
another finishing material, has a VHAP content of no more than 0.8 kg
VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner
contains no more than 10.0 percent VHAP by weight; and
(iii) Demonstrate that each washcoat, basecoat, and enamel that is
formulated onsite is formulated using a finishing material containing
no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a
thinner containing no more than 3.0 percent HAP by weight.
(3) Use a control system with an overall control efficiency (R)
such that the value of Eac in Equation 4 is no greater than 0.8.
R=[(Ebc-Eac)/Ebc](100) Equation 4
The value of Ebc in Equation 4 shall be calculated using
Equation 1; or
(4) Use any combination of an averaging approach, as described in
(d)(1), compliant finishing materials, as described in (d)(2), and a
control system, as described in (d)(3).
(e) The owner or operator of a new affected source subject to
Sec. 63.802(b)(2) shall comply with the provisions using either of the
following methods:
(1) Use compliant contact adhesives with a VHAP content no greater
than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied; or
(2) Use a control system with an overall control efficiency (R)
such that the value of Gac in Equation 3 is no greater than 0.2.
(f) Initial compliance. (1) Owners or operators of an affected
source subject to the provisions of Sec. 63.802 (a)(1) or (b)(1) that
comply through the procedures established in Sec. 63.804 (a)(1) or
(d)(1) shall submit the results of the averaging calculation (Equation
1) for the first month with the initial compliance status report
required by Sec. 63.807(b). The first month's calculation shall include
data for the entire month in which the compliance date falls. For
example, if the source's compliance date is November 21, 1997, the
averaging calculation shall include data from November 1, 1997 to
November 30, 1997.
(2) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall submit an
initial compliance status report, as required by Sec. 63.807(b),
stating that compliant stains, washcoats, sealers, topcoats, basecoats,
enamels, and thinners, as applicable, are being used by the affected
source.
(3) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are
applying coatings using continuous coaters shall demonstrate initial
compliance by:
(i) Submitting an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant coatings, as determined by the
VHAP content of the coating in the reservoir and the VHAP content as
calculated from records, and compliant thinners are being used; or
(ii) Submitting an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant coatings, as determined by the
VHAP content of the coating in the reservoir, are being used; the
viscosity of the coating in the reservoir is being monitored; and
compliant thinners are being used. The affected source shall also
submit data that demonstrate that viscosity is an appropriate parameter
for demonstrating compliance.
(4) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall
demonstrate initial compliance by:
(i) Submitting a monitoring plan that identifies each operating
parameter to be monitored for the capture device and discusses why each
parameter is appropriate for demonstrating continuous compliance;
(ii) Conducting an initial performance test as required under
Sec. 63.7 using the procedures and test methods listed in Sec. 63.7 and
Sec. 63.805 (c) and (d) or (e);
(iii) Calculating the overall control efficiency (R) following the
procedures in Sec. 63.805 (d) or (e); and
(iv) Determining those operating conditions critical to determining
compliance and establishing one or more operating parameters that will
ensure compliance with the standard.
(A) For compliance with a thermal incinerator, minimum combustion
temperature shall be the operating parameter.
(B) For compliance with a catalytic incinerator equipped with a
fixed catalyst bed, the minimum gas temperature both upstream and
[[Page 62943]]
downstream of the catalyst bed shall be the operating parameter.
(C) For compliance with a catalytic incinerator equipped with a
fluidized catalyst bed, the minimum gas temperature upstream of the
catalyst bed and the pressure drop across the catalyst bed shall be the
operating parameters.
(D) For compliance with a carbon adsorber, the operating parameters
shall be the total regeneration mass stream flow for each regeneration
cycle and the carbon bed temperature after each regeneration, or the
concentration level of organic compounds exiting the adsorber, unless
the owner or operator requests and receives approval from the
Administrator to establish other operating parameters.
(E) For compliance with a control device not listed in this
section, one or more operating parameter values shall be established
using the procedures identified in Sec. 63.804(g)(4)(vi).
(v) Owners or operators complying with Sec. 63.804(f)(4) shall
calculate each site-specific operating parameter value as the
arithmetic average of the maximum or minimum operating parameter
values, as appropriate, that demonstrate compliance with the standards,
during the three test runs required by Sec. 63.805(c)(1).
(5) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2) or (b)(2) that comply through the
procedures established in Sec. 63.804 (b), (c)(1), or (e)(1), shall
submit an initial compliance status report, as required by
Sec. 63.807(b), stating that compliant contact adhesives are being used
by the affected source.
(6) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall
demonstrate initial compliance by:
(i) Submitting a monitoring plan that identifies each operating
parameter to be monitored for the capture device and discusses why each
parameter is appropriate for demonstrating continuous compliance;
(ii) Conducting an initial performance test as required under
Sec. 63.7 using the procedures and test methods listed in Sec. 63.7 and
Sec. 63.805 (c) and (d) or (e);
(iii) Calculating the overall control efficiency (R) following the
procedures in Sec. 63.805 (d) or (e); and
(iv) Determining those operating conditions critical to determining
compliance and establishing one or more operating parameters that will
ensure compliance with the standard.
(A) For compliance with a thermal incinerator, minimum combustion
temperature shall be the operating parameter.
(B) For compliance with a catalytic incinerator equipped with a
fixed catalyst bed, the minimum gas temperature both upstream and
downstream of the catalyst shall be the operating parameter.
(C) For compliance with a catalytic incinerator equipped with a
fluidized catalyst bed, the minimum gas temperature upstream of the
catalyst bed and the pressure drop across the catalyst bed shall be the
operating parameters.
(v) Owners or operators complying with Sec. 63.804(f)(6) shall
calculate each site-specific operating parameter value as the
arithmetic average of the maximum or minimum operating values as
appropriate, that demonstrate compliance with the standards, during the
three test runs required by Sec. 63.805(c)(1).
(7) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit an initial
compliance status report, as required by Sec. 63.807(b), stating that
compliant strippable spray booth coatings are being used by the
affected source.
(8) Owners or operators of an affected source subject to the work
practice standards in Sec. 63.803 shall submit an initial compliance
status report, as required by Sec. 63.807(b), stating that the work
practice implementation plan has been developed and procedures have
been established for implementing the provisions of the plan.
(g) Continuous compliance demonstrations. (1) Owners or operators
of an affected source subject to the provisions of Sec. 63.802 (a)(1)
or (b)(1) that comply through the procedures established in Sec. 63.804
(a)(1) or (d)(1) shall demonstrate continuous compliance by submitting
the results of the averaging calculation (Equation 1) for each month
within that semiannual period and submitting a compliance certification
with the semiannual report required by Sec. 63.807(c).
(i) The compliance certification shall state that the value of (E),
as calculated by Equation 1, is no greater than 1.0 for existing
sources or 0.8 for new sources. An affected source is in violation of
the standard if E is greater than 1.0 for existing sources or 0.8 for
new sources for any month. A violation of the monthly average is a
separate violation of the standard for each day of operation during the
month, unless the affected source can demonstrate through records that
the violation of the monthly average can be attributed to a particular
day or days during the period.
(ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(2) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(2) or (d)(2) shall
demonstrate continuous compliance by using compliant coatings and
thinners, maintaining records that demonstrate the coatings and
thinners are compliant, and submitting a compliance certification with
the semiannual report required by Sec. 63.807(c).
(i) The compliance certification shall state that compliant stains,
washcoats, sealers, topcoats, basecoats, enamels, and thinners, as
applicable, have been used each day in the semiannual reporting period
or should otherwise identify the periods of noncompliance and the
reasons for noncompliance. An affected source is in violation of the
standard whenever a noncompliant coating, as demonstrated by records or
by a sample of the coating, is used.
(ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(3) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that are complying through
the procedures established in Sec. 63.804 (a)(2) or (d)(2) and are
applying coatings using continuous coaters shall demonstrate continuous
compliance by following the procedures in paragraph (g)(3) (i) or (ii)
of this section.
(i) Using compliant coatings, as determined by the VHAP content of
the coating in the reservoir and the VHAP content as calculated from
records, using compliant thinners, and submitting a compliance
certification with the semiannual report required by Sec. 63.807(c).
(A) The compliance certification shall state that compliant
coatings have been used each day in the semiannual reporting period, or
should otherwise identify the days of noncompliance and the reasons for
noncompliance. An affected source is in violation of the standard
whenever a noncompliant coating, as determined by records or by a
sample of the coating, is used. Use of a noncompliant coating is a
separate violation for each day the noncompliant coating is used.
(B) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(ii) Using compliant coatings, as determined by the VHAP content of
the
[[Page 62944]]
coating in the reservoir, using compliant thinners, maintaining a
viscosity of the coating in the reservoir that is no less than the
viscosity of the initial coating by monitoring the viscosity with a
viscosity meter or by testing the viscosity of the initial coating and
retesting the coating in the reservoir each time solvent is added,
maintaining records of solvent additions, and submitting a compliance
certification with the semiannual report required by Sec. 63.807(c).
(A) The compliance certification shall state that compliant
coatings, as determined by the VHAP content of the coating in the
reservoir, have been used each day in the semiannual reporting period.
Additionally, the certification shall state that the viscosity of the
coating in the reservoir has not been less than the viscosity of the
initial coating, that is, the coating that is initially mixed and
placed in the reservoir, for any day in the semiannual reporting
period.
(B) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(C) An affected source is in violation of the standard when a
sample of the as-applied coating exceeds the applicable limit
established in Sec. 63.804 (a)(2) or (d)(2), as determined using EPA
Method 311, or the viscosity of the coating in the reservoir is less
than the viscosity of the initial coating.
(4) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(1) or (b)(1) that comply through the
procedures established in Sec. 63.804 (a)(3) or (d)(3) shall
demonstrate continuous compliance by installing, calibrating,
maintaining, and operating the appropriate monitoring equipment
according to manufacturer's specifications. The owner or operator shall
also submit the excess emissions and continuous monitoring system
performance report and summary report required by Sec. 63.807(d) and
Sec. 63.10(e) of subpart A.
(i) Where a capture/control device is used, a device to monitor
each site-specific operating parameter established in accordance with
Sec. 63.804(f)(6)(i) is required.
(ii) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(A) Where a thermal incinerator is used, a temperature monitoring
device shall be installed in the firebox or in the ductwork immediately
downstream of the firebox in a position before any substantial heat
exchange occurs.
(B) Where a catalytic incinerator equipped with a fixed catalyst
bed is used, temperature monitoring devices shall be installed in the
gas stream immediately before and after the catalyst bed.
(C) Where a catalytic incinerator equipped with a fluidized
catalyst bed is used, a temperature monitoring device shall be
installed in the gas stream immediately before the bed. In addition, a
pressure monitoring device shall be installed to determine the pressure
drop across the catalyst bed. The pressure drop shall be measured
monthly at a constant flow rate.
(iii) Where a carbon adsorber is used one of the following is
required:
(A) An integrating stream flow monitoring device having an accuracy
of 10 percent, capable of recording the total regeneration
stream mass flow for each regeneration cycle; and a carbon bed
temperature monitoring device, having an accuracy of 1
percent of the temperature being monitored or 0.5 deg.C,
whichever is greater, and capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle;
(B) An organic monitoring device, equipped with a continuous
recorder, to indicate the concentration level of organic compounds
exiting the carbon adsorber; or
(C) Any other monitoring device that has been approved by the
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
(iv) Owners or operators of an affected source shall not operate
the capture or control device at a daily average value greater than or
less than (as appropriate) the operating parameter values. The daily
average value shall be calculated as the average of all values for a
monitored parameter recorded during the operating day.
(v) Owners or operators of an affected source that are complying
through the use of a catalytic incinerator equipped with a fluidized
catalyst bed shall maintain a constant pressure drop, measured monthly,
across the catalyst bed.
(vi) An owner or operator who uses a control device not listed in
Sec. 63.804(f)(4) shall submit, for the Administrator's approval, a
description of the device, test data verifying performance, and
appropriate site-specific operating parameters that will be monitored
to demonstrate continuous compliance with the standard.
(5) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2) (i) or (ii) or (b)(2) that comply
through the procedures established in Sec. 63.804 (b), (c)(1), or
(e)(1), shall submit a compliance certification with the semiannual
report required by Sec. 63.807(c).
(i) The compliance certification shall state that compliant contact
and/or foam adhesives have been used each day in the semiannual
reporting period, or should otherwise identify each day noncompliant
contact and/or foam adhesives were used. Each day a noncompliant
contact or foam adhesive is used is a single violation of the standard.
(ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(6) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(2)(ii) or (b)(2) that comply through the
procedures established in Sec. 63.804 (c)(2) or (e)(2), shall
demonstrate continuous compliance by installing, calibrating,
maintaining, and operating the appropriate monitoring equipment
according to the manufacturer's specifications. The owner or operator
shall also submit the excess emissions and continuous monitoring system
performance report and summary report required by Sec. 63.807(d) and
Sec. 63.10(e) of subpart A of this part.
(i) Where a capture/control device is used, a device to monitor
each site-specific operating parameter established in accordance with
Sec. 63.804(f)(6)(i) is required.
[[Page 62945]]
(ii) Where an incinerator is used, a temperature monitoring device
equipped with a continuous recorder is required.
(A) Where a thermal incinerator is used, a temperature monitoring
device shall be installed in the firebox or in the ductwork immediately
downstream of the firebox in a position before any substantial heat
exchange occurs.
(B) Where a catalytic incinerator equipped with a fixed catalyst
bed is used, temperature monitoring devices shall be installed in the
gas stream immediately before and after the catalyst bed.
(C) Where a catalytic incinerator equipped with a fluidized
catalyst bed is used, a temperature monitoring device shall be
installed in the gas stream immediately before the bed. In addition, a
pressure monitoring device shall be installed to measure the pressure
drop across the catalyst bed. The pressure drop shall be measured
monthly at a constant flow rate.
(iii) Where a carbon adsorber is used one of the following is
required:
(A) An integrating stream flow monitoring device having an accuracy
of 10 percent, capable of recording the total regeneration
stream mass flow for each regeneration cycle; and a carbon bed
temperature monitoring device, having an accuracy of 1
percent of the temperature being monitored or 0.5 deg.C,
whichever is greater, and capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle;
(B) An organic monitoring device, equipped with a continuous
recorder, to indicate the concentration level of organic compounds
exiting the carbon adsorber; or
(C) Any other monitoring device that has been approved by the
Administrator in accordance with Sec. 63.804(f)(4)(iv)(D).
(iv) Owners or operators of an affected source shall not operate
the capture or control device at a daily average value greater than or
less than (as appropriate) the operating parameter values. The daily
average value shall be calculated as the average of all values for a
monitored parameter recorded during the operating day.
(v) Owners or operators of an affected source that are complying
through the use of a catalytic incinerator equipped with a fluidized
catalyst bed shall maintain a constant pressure drop, measured monthly,
across the catalyst bed.
(vi) An owner or operator using a control device not listed in this
section shall submit to the Administrator a description of the device,
test data verifying the performance of the device, and appropriate
operating parameter values that will be monitored to demonstrate
continuous compliance with the standard. Compliance using this device
is subject to the Administrator's approval.
(7) Owners or operators of an affected source subject to the
provisions of Sec. 63.802 (a)(3) or (b)(3) shall submit a compliance
certification with the semiannual report required by Sec. 63.807(c).
(i) The compliance certification shall state that compliant
strippable spray booth coatings have been used each day in the
semiannual reporting period, or should otherwise identify each day
noncompliant materials were used. Each day a noncompliant strippable
booth coating is used is a single violation of the standard.
(ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
(8) Owners or operators of an affected source subject to the work
practice standards in Sec. 63.803 shall submit a compliance
certification with the semiannual report required by Sec. 63.807(c).
(i) The compliance certification shall state that the work practice
implementation plan is being followed, or should otherwise identify the
provisions of the plan that have not been implemented and each day the
provisions were not implemented. During any period of time that an
owner or operator is required to implement the provisions of the plan,
each failure to implement an obligation under the plan during any
particular day is a violation.
(ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.
Sec. 63.805 Performance test methods.
(a) The EPA Method 311 of Appendix A of part 63 shall be used in
conjunction with formulation data to determine the VHAP content of the
liquid coating. Formulation data shall be used to identify VHAP present
in the coating. The EPA Method 311 shall then be used to quantify those
VHAP identified through formulation data. The EPA Method 311 shall not
be used to quantify HAP such as styrene and formaldehyde that are
emitted during the cure. The EPA Method 24 (40 CFR part 60, Appendix A)
shall be used to determine the solids content by weight and the density
of coatings. If it is demonstrated to the satisfaction of the
Administrator that a coating does not release VOC or HAP byproducts
during the cure, for example, all VOC and HAP present in the coating is
solvent, then batch formulation information shall be accepted. The
owner or operator of an affected source may request approval from the
Administrator to use an alternative method for determining the VHAP
content of the coating. In the event of any inconsistency between the
EPA Method 24 or Method 311 test data and a facility's formulation
data, that is, if the EPA Method 24/311 value is higher, the EPA Method
24/311 test shall govern unless after consultation, a regulated source
could demonstrate to the satisfaction of the enforcement agency that
the formulation data were correct. Sampling procedures shall follow the
guidelines presented in ``Standard Procedures for Collection of Coating
and Ink Samples for VOC Content Analysis by Reference Method 24 and
Reference Method 24A,'' EPA-340/1-91-010. (Docket No. A-93-10, Item No.
IV-A-1).
(b) Owners or operators demonstrating compliance in accordance with
Sec. 63.804 (f)(4) or (f)(6) and Sec. 63.804 (g)(4) or (g)(6), or
complying with any of the other emission limits of Sec. 63.802 by
operating a capture or control device shall determine the overall
control efficiency of the control system (R) as the product of the
capture and control device efficiency, using the test methods cited in
Sec. 63.805(c) and the procedures in Sec. 63.805 (d) or (e).
(c) When an initial compliance demonstration is required by
Sec. 63.804 (f)(4) or (f)(6) of this subpart, the procedures in
paragraphs (c)(1) through (c)(6) of this section shall be used in
determining initial compliance with the provisions of this subpart.
(1) The EPA Method 18 (40 CFR part 60, Appendix A) shall be used to
determine the HAP concentration of gaseous air streams. The test shall
consist of three separate runs, each lasting a minimum of 30 minutes.
(2) The EPA Method 1 or 1A (40 CFR part 60, Appendix A) shall be
used for sample and velocity traverses.
(3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, Appendix A)
shall be used to measure velocity and volumetric flow rates.
(4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to
analyze the exhaust gases.
(5) The EPA Method 4 (40 CFR part 60, Appendix A) shall be used to
measure the moisture in the stack gas.
(6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as
applicable, at least twice during each test period.
[[Page 62946]]
(d) Each owner or operator of an affected source demonstrating
compliance in accordance with Sec. 63.804 (f)(4) or (f)(6) shall
perform a gaseous emission test using the following procedures:
(1) Construct the overall HAP emission reduction system so that all
volumetric flow rates and total HAP emissions can be accurately
determined by the applicable test methods specified in Sec. 63.805(c)
(1) through (6);
(2) Determine capture efficiency from the affected emission
point(s) by capturing, venting, and measuring all HAP emissions from
the affected emission point(s). During a performance test, the owner or
operator shall isolate affected emission point(s) located in an area
with other nonaffected gaseous emission sources from all other gaseous
emission point(s) by any of the following methods:
(i) Build a temporary total enclosure (see Sec. 63.801) around the
affected emission point(s); or
(ii) Use the building that houses the process as the enclosure (see
Sec. 63.801);
(iii) Use any alternative protocol and test method provided they
meet either the requirements of the data quality objective (DQO)
approach or the lower confidence level (LCL) approach (see
Sec. 63.801);
(iv) Shut down all nonaffected HAP emission point(s) and continue
to exhaust fugitive emissions from the affected emission point(s)
through any building ventilation system and other room exhausts such as
drying ovens. All exhaust air must be vented through stacks suitable
for testing; or
(v) Use another methodology approved by the Administrator provided
it complies with the EPA criteria for acceptance under part 63,
appendix A, Method 301.
(3) Operate the control device with all affected emission points
that will subsequently be delivered to the control device connected and
operating at maximum production rate;
(4) Determine the efficiency (F) of the control device using the
following equation:
[GRAPHIC][TIFF OMITTED]TR07DE95.000
(5) Determine the efficiency (N) of the capture system using the
following equation:
[GRAPHIC][TIFF OMITTED]TR07DE95.001
(6) For each affected source complying with Sec. 63.802(a)(1) in
accordance with Sec. 63.804(a)(3), compliance is demonstrated if the
product of (F x N)(100) yields a value (R) such that the value of
Eac in Equation 2 is no greater than 1.0.
(7) For each new affected source complying with Sec. 63.802(b)(1)
in accordance with Sec. 63.804(d)(3), compliance is demonstrated if the
product of (F x N)(100) yields a value (R) such that the value of
Eac in Equation 4 is no greater than 0.8.
(8) For each affected source complying with Sec. 63.802(a)(2)(ii)
in accordance with Sec. 63.804(c)(2), compliance is demonstrated if the
product of (F x N)(100) yields a value (R) such that the value of
Gac in Equation 3 is no greater than 1.0.
(9) For each new affected source complying with Sec. 63.802(b)(2)
in accordance with Sec. 63.804(e)(2), compliance is demonstrated if the
product of (F x N)(100) yields a value (R) such that the value of
Gac in Equation 3 is no greater than 0.2.
(e) An alternative method to the compliance method in
Sec. 63.805(d) is the installation of a permanent total enclosure
around the affected emission point(s). A permanent total enclosure
presents prima facia evidence that all HAP emissions from the affected
emission point(s) are directed to the control device. Each affected
source that complies using a permanent total enclosure shall:
(1) Demonstrate that the total enclosure meets the requirements in
paragraphs (e)(1) (i) through (iv). The owner or operator of an
enclosure that does not meet these requirements may apply to the
Administrator for approval of the enclosure as a total enclosure on a
case-by-case basis. The enclosure shall be considered a total enclosure
if it is demonstrated to the satisfaction of the Administrator that all
HAP emissions from the affected emission point(s) are contained and
vented to the control device. The requirements for automatic approval
are as follows:
(i) The total area of all natural draft openings shall not exceed 5
percent of the total surface area of the total enclosure's walls,
floor, and ceiling;
(ii) All sources of emissions within the enclosure shall be a
minimum of four equivalent diameters away from each natural draft
opening;
(iii) The average inward face velocity (FV) across all natural
draft openings shall be a minimum of 3,600 meters per hour as
determined by the following procedures:
(A) All forced makeup air ducts and all exhaust ducts are
constructed so that the volumetric flow rate in each can be accurately
determined by the test methods specified in Sec. 63.805 (c)(2) and (3).
Volumetric flow rates shall be calculated without the adjustment
normally made for moisture content; and
(B) Determine FV by the following equation:
[[Page 62947]]
[GRAPHIC][TIFF OMITTED]TR07DE95.002
(iv) All access doors and windows whose areas are not included as
natural draft openings and are not included in the calculation of FV
shall be closed during routine operation of the process.
(2) Determine the control device efficiency using Equation (5), and
the test methods and procedures specified in Sec. 63.805 (c)(1) through
(6).
(3) For each affected source complying with Sec. 63.802(a)(1) in
accordance with Sec. 63.804(a)(3), compliance is demonstrated if:
(i) The installation of a permanent total enclosure is demonstrated
(N=1);
(ii) The value of F is determined from Equation (5); and
(iii) The product of (F x N)(100) yields a value (R) such that the
value of Eac in Equation 2 is no greater than 1.0.
(4) For each new affected source complying with Sec. 63.802(b)(1)
in accordance with Sec. 63.804(d)(3), compliance is demonstrated if:
(i) The installation of a permanent total enclosure is demonstrated
(N = 1);
(ii) The value of F is determined from Equation (5); and
(iii) The product of (F x N)(100) yields a value (R) such that the
value of Eac in Equation 4 is no greater than 0.8.
(5) For each affected source complying with Sec. 63.802(a)(2)(ii)
in accordance with Sec. 63.804(c)(2), compliance is demonstrated if:
(i) The installation of a permanent total enclosure is demonstrated
(N=1);
(ii) The value of F is determined from Equation (5); and
(iii) The product of (F x N)(100) yields a value (R) such that the
value of Gac in Equation 3 is no greater than 1.0.
(6) For each new affected source complying with Sec. 63.802(b)(2)
in accordance with Sec. 63.804(e)(2), compliance is demonstrated if:
(i) The installation of a permanent total enclosure is demonstrated
(N=1);
(ii) The value of F is determined from Equation (5); and
(iii) The product of (F x N)(100) yields a value (R) such that the
value of Gac in Equation 3 is no greater than 0.2.
Sec. 63.806 Recordkeeping requirements.
(a) The owner or operator of an affected source subject to this
subpart shall fulfill all recordkeeping requirements of Sec. 63.10 of
subpart A, according to the applicability criteria in Sec. 63.800(d) of
this subpart.
(b) The owner or operator of an affected source subject to the
emission limits in Sec. 63.802 of this subpart shall maintain records
of the following:
(1) A certified product data sheet for each finishing material,
thinner, contact adhesive, and strippable spray booth coating subject
to the emission limits in Sec. 63.802; and
(2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as
applied, of each finishing material and contact adhesive subject to the
emission limits in Sec. 63.802; and
(3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as
applied, of each strippable booth coating subject to the emission
limits in Sec. 63.802 (a)(3) or (b)(3).
(c) The owner or operator of an affected source following the
compliance method in Sec. 63.804 (a)(1) or (d)(1) shall maintain copies
of the averaging calculation for each month following the compliance
date, as well as the data on the quantity of coatings and thinners used
that is necessary to support the calculation of E in Equation 1.
(d) The owner or operator of an affected source following the
compliance procedures of Sec. 63.804 (f)(3)(ii) and (g)(3)(ii) shall
maintain the records required by Sec. 63.806(b) as well as records of
the following:
(1) Solvent and coating additions to the continuous coater
reservoir;
(2) Viscosity measurements; and
(3) Data demonstrating that viscosity is an appropriate parameter
for demonstrating compliance.
(e) The owner or operator of an affected source subject to the work
practice standards in Sec. 63.803 of this subpart shall maintain onsite
the work practice implementation plan and all records associated with
fulfilling the requirements of that plan, including, but not limited
to:
(1) Records demonstrating that the operator training program
required by Sec. 63.803(b) is in place;
(2) Records collected in accordance with the inspection and
maintenance plan required by Sec. 63.803(c);
(3) Records associated with the cleaning solvent accounting system
required by Sec. 63.803(d);
(4) Records associated with the limitation on the use of
conventional air spray guns showing total finishing material usage and
the percentage of finishing materials applied with conventional air
spray guns for each semiannual period as required by Sec. 63.803(h)(5).
(5) Records associated with the formulation assessment plan
required by Sec. 63.803(l); and
(6) Copies of documentation such as logs developed to demonstrate
that the other provisions of the work practice implementation plan are
followed.
(f) The owner or operator of an affected source following the
compliance method of Sec. 63.804 (f)(4) or (g)(4) shall maintain copies
of the calculations demonstrating that the overall control efficiency
(R) of the control system results in the value of Eac required by
Equations 2 or 4, records of the operating parameter values, and copies
of the semiannual compliance reports required by Sec. 63.807(d).
(g) The owner or operator of an affected source following the
compliance method of Sec. 63.804 (f)(6) or (g)(6), shall maintain
copies of the calculations demonstrating that the overall control
efficiency (R) of the control system results in the applicable value of
Gac calculated using Equation 3, records of the operating
parameter values, and copies of the semiannual compliance reports
required by Sec. 63.807(d).
(h) The owner or operator of an affected source subject to the
emission limits in Sec. 63.802 and following the compliance provisions
of Sec. 63.804(f) (1), (2), (3), (5), (7) and (8) and Sec. 63.804(g)
(1), (2), (3), (5), (7), and (8) shall maintain records of the
compliance certifications submitted in accordance with Sec. 63.807(c)
for each semiannual period following the compliance date.
(i) The owner or operator of an affected source shall maintain
records of all other information submitted with the compliance status
report required by Sec. 63.9(h) and Sec. 63.807(b) and the semiannual
reports required by Sec. 63.807(c).
(j) The owner or operator of an affected source shall maintain all
records in accordance with the requirements of Sec. 63.10(b)(1).
Sec. 63.807 Reporting requirements.
(a) The owner or operator of an affected source subject to this
subpart
[[Page 62948]]
shall fulfill all reporting requirements of Sec. 63.7 through
Sec. 63.10 of subpart A (General Provisions) according to the
applicability criteria in Sec. 63.800(d) of this subpart.
(b) The owner or operator of an affected source demonstrating
compliance in accordance with Sec. 63.804(f) (1), (2), (3), (5), (7)
and (8) shall submit the compliance status report required by
Sec. 63.9(h) of subpart A (General Provisions) no later than 60 days
after the compliance date. The report shall include the information
required by Sec. 63.804(f) (1), (2), (3), (5), (7), and (8) of this
subpart.
(c) The owner or operator of an affected source demonstrating
compliance in accordance with Sec. 63.804(g) (1), (2), (3), (5), (7),
and (8) shall submit a report covering the previous 6 months of wood
furniture manufacturing operations:
(1) The first report shall be submitted 30 calendar days after the
end of the first 6-month period following the compliance date.
(2) Subsequent reports shall be submitted 30 calendar days after
the end of each 6-month period following the first report.
(3) The semiannual reports shall include the information required
by Sec. 63.804(g) (1), (2), (3), (5), (7), and (8), a statement of
whether the affected source was in compliance or noncompliance, and, if
the affected source was in noncompliance, the measures taken to bring
the affected source into compliance.
(4) The frequency of the reports required by paragraph (c) of this
section shall not be reduced from semiannually regardless of the
history of the owner's or operator's compliance status.
(d) The owner or operator of an affected source demonstrating
compliance in accordance with Sec. 63.804(g) (4) and (6) of this
subpart shall submit the excess emissions and continuous monitoring
system performance report and summary report required by Sec. 63.10(e)
of subpart A. The report shall include the monitored operating
parameter values required by Sec. 63.804(g) (4) and (6). If the source
experiences excess emissions, the report shall be submitted quarterly
for at least 1 year after the excess emissions occur and until a
request to reduce reporting frequency is approved, as indicated in
Sec. 63.10(e)(3)(C). If no excess emissions occur, the report shall be
submitted semiannually.
(e) The owner or operator of an affected source required to provide
a written notification under Sec. 63.803(1)(4) shall include in the
notification one or more statements that explains the reasons for the
usage increase. The notification shall be submitted no later than 30
calendar days after the end of the annual period in which the usage
increase occurred.
Sec. 63.808 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under Sec. 112(d) of the Clean Air Act, the authorities contained
in paragraph (b) of this section shall be retained by the Administrator
and not transferred to a State.
(b) The authority conferred in Sec. 63.804(f)(4)(iv) (D) and (E),
Sec. 63.804(g)(4)(iii)(C), Sec. 63.804(g)(4)(vi),
Sec. 63.804(g)(6)(vi), Sec. 63.805(a), Sec. 63.805(d)(2)(V), and
Sec. 63.805(e)(1) shall not be delegated to any State.
Secs. 63.809-63.819 [Reserved]
Tables to Subpart JJ to Part 63
Table 1.--General Provisions Applicability to Subpart JJ
------------------------------------------------------------------------
Applies to
Reference subpart JJ Comment
------------------------------------------------------------------------
63.1(a)..................... Yes
63.1(b)(1).................. No............... Subpart JJ specifies
applicability.
63.1(b)(2).................. Yes
63.1(b)(3).................. Yes
63.1(c)(1).................. No............... Subpart JJ specifies
applicability.
63.1(c)(2).................. No............... Area sources are not
subject to subpart JJ.
63.1(c)(4).................. Yes
63.1(c)(5).................. Yes
63.1(e)..................... Yes
63.2........................ Yes.............. Additional terms are
defined in 63.801(a)
of subpart JJ. When
overlap between
subparts A and JJ
occurs, subpart JJ
takes precedence.
63.3........................ Yes.............. Other units used in
subpart JJ are defined
in 63.801(b).
63.4........................ Yes
63.5........................ Yes
63.6(a)..................... Yes
63.6(b)(1).................. Yes
63.6(b)(2).................. Yes
63.6(b)(3).................. Yes
63.6(b)(4).................. No............... May apply when
standards are proposed
under Section 112(f)
of the CAA.
63.6(b)(5).................. Yes
63.6(b)(7).................. Yes
63.6(c)(1).................. Yes
63.6(c)(2).................. No
63.6(c)(5).................. Yes
63.6(e)(1).................. Yes
63.6(e)(2).................. Yes
63.6(e)(3).................. Yes Applies only to
affected sources using
a control device to
comply with the rule.
63.6(f)(1).................. No............... Affected sources
complying through the
procedures specified
in 63.804 (a)(1),
(a)(2), (b), (c)(1),
(d)(1), (d)(2),
(e)(1), and (e)(2) are
subject to the
emission standards at
all times, including
periods of startup,
shutdown, and
malfunction.
63.6(f)(2).................. Yes
63.6(f)(3).................. Yes
63.6(g)..................... Yes
63.6(h)..................... No...............
63.6 (i)(1)-(i)(3).......... Yes
63.6(i)(4)(i)............... Yes
[[Page 62949]]
63.6(i)(4)(ii).............. No...............
63.6 (i)(5)-(i)(14)......... Yes
63.6(i)(16)................. Yes
63.6(j)..................... Yes
63.7........................ Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.8........................ Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.9(a)..................... Yes
63.9(b)..................... Yes.............. Existing sources are
required to submit
initial notification
report within 270 days
of the effective date.
63.9(c)..................... Yes
63.9(d)..................... Yes
63.9(e)..................... Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.9(f)..................... No
63.9(g)..................... Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.9(h)..................... Yes.............. 63.9(h)(2)(ii) applies
only to affected
sources using a
control device to
comply with the rule.
63.9(i)..................... Yes
63.9(j)..................... Yes
63.10(a).................... Yes
63.10(b)(1)................. Yes
63.10(b)(2)................. Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.10(b)(3)................. Yes
63.10(c).................... Yes
63.10(d)(1)................. Yes
63.10(d)(2)................. Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.10(d)(3)................. No
63.10(d)(4)................. Yes
63.10(d)(5)................. Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.10(e).................... Yes.............. Applies only to
affected sources using
a control device to
comply with the rule.
63.10(f).................... Yes
63.11....................... No
63.12-63.15................. Yes
------------------------------------------------------------------------
Table 2.--List of Volatile Hazardous Air Pollutants
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
Acetaldehyde................................................. 75070
Acetamide.................................................... 60355
Acetonitrile................................................. 75058
Acetophenone................................................. 98862
2-Acetylaminofluorine........................................ 53963
Acrolein..................................................... 107028
Acrylamide................................................... 79061
Acrylic acid................................................. 79107
Acrylonitrile................................................ 107131
Allyl chloride............................................... 107051
4-Aminobiphenyl.............................................. 92671
Aniline...................................................... 62533
o-Anisidine.................................................. 90040
Benzene...................................................... 71432
Benzidine.................................................... 92875
Benzotrichloride............................................. 98077
Benzyl chloride.............................................. 100447
Biphenyl..................................................... 92524
Bis(2-ethylhexyl) phthalate (DEHP)........................... 117817
Bis(chloromethyl) ether...................................... 542881
Bromoform.................................................... 75252
1,3-Butadiene................................................ 106990
Caprolactam.................................................. 105602
Carbon disulfide............................................. 75150
Carbon tetrachloride......................................... 56235
Carbonyl sulfide............................................. 463581
Catechol..................................................... 120809
Chloroacetic acid............................................ 79118
2-Chloroacetophenone......................................... 532274
Chlorobenzene................................................ 108907
Chloroform................................................... 67663
Chloromethyl methyl ether.................................... 107302
Chloroprene.................................................. 126998
Cresols (isomers and mixture)................................ 1319773
o-Cresol..................................................... 95487
m-Cresol..................................................... 108394
p-Cresol..................................................... 106445
Cumene....................................................... 98828
2,4-D (2,4-Dichlorophenoxyacetic acid, including salts and
esters)..................................................... 94757
DDE (1,1-Dichloro-2,2-bis (p-chlorophenyl) ethylene)......... 72559
Diazomethane................................................. 334883
Dibenzofuran................................................. 132649
1,2-Dibromo-3-chloropropane.................................. 96128
Dibutylphthalate............................................. 84742
1,4-Dichlorobenzene.......................................... 106467
3,3'-Dichlorobenzidine....................................... 91941
Dichloroethyl ether (Bis (2-chloroethyl) ether).............. 111444
1,3-Dichloropropene.......................................... 542756
Diethanolamine............................................... 111422
N,N-Dimethylaniline.......................................... 121697
Diethyl sulfate.............................................. 64675
3,3'-Dimethoxybenzidine...................................... 119904
4-Dimethylaminoazobenzene.................................... 60117
3,3'-Dimethylbenzidine....................................... 119937
Dimethylcarbamoyl chloride................................... 79447
N,N-Dimethylformamide........................................ 68122
1,1-Dimethylhydrazine........................................ 57147
Dimethyl phthalate........................................... 131113
Dimethyl sulfate............................................. 77781
4,6-Dinitro-o-cresol, and salts.............................. .........
2,4-Dinitrophenol............................................ 51285
2,4-Dinitrotoluene........................................... 121142
1,4-Dioxane (1,4-Diethyleneoxide)............................ 123911
1,2-Diphenylhydrazine........................................ 122667
Epichlorohydrin (1-Chloro-2,3-epoxypropane).................. 106898
1,2-Epoxybutane.............................................. 106887
Ethyl acrylate............................................... 140885
Ethylbenzene................................................. 100414
Ethyl carbamate (Urethane)................................... 51796
Ethyl chloride (Chloroethane)................................ 75003
Ethylene dibromide (Dibromoethane)........................... 106934
Ethylene dichloride (1,2-Dichloroethane)..................... 107062
Ethylene glycol.............................................. 107211
Ethylene oxide............................................... 75218
Ethylenethiourea............................................. 96457
Ethylidene dichloride (1,1-Dichloroethane)................... 75343
Formaldehyde................................................. 50000
Glycol ethers................................................ 0
Hexachlorobenzene............................................ 118741
Hexachloro-1,3-butadiene..................................... 87683
Hexachloroethane............................................. 67721
Hexamethylene-1,6-diisocyanate............................... 822060
Hexamethylphosphoramide...................................... 680319
Hexane....................................................... 110543
Hydrazine.................................................... 302012
Hydroquinone................................................. 123319
Isophorone................................................... 78591
Maleic anhydride............................................. 108316
Methanol..................................................... 67561
Methyl bromide (Bromomethane)................................ 74839
Methyl chloride (Chloromethane).............................. 74873
Methyl chloroform (1,1,1-Trichloroethane).................... 71556
Methyl ethyl ketone (2-Butanone)............................. 78933
[[Page 62950]]
Methylhydrazine.............................................. 60344
Methyl iodide (Iodomethane).................................. 74884
Methyl isobutyl ketone (Hexone).............................. 108101
Methyl isocyanate............................................ 624839
Methyl methacrylate.......................................... 80626
Methyl tert-butyl ether...................................... 1634044
4,4'-Methylenebis (2-chloroaniline).......................... 101144
Methylene chloride (Dichloromethane)......................... 75092
4,4'-Methylenediphenyl diisocyanate (MDI).................... 101688
4,4'-Methylenedianiline...................................... 101779
Naphthalene.................................................. 91203
Nitrobenzene................................................. 98953
4-Nitrobiphenyl.............................................. 92933
4-Nitrophenol................................................ 100027
2-Nitropropane............................................... 79469
N-Nitroso-N-methylurea....................................... 684935
N-Nitrosodimethylamine....................................... 62759
N-Nitrosomorpholine.......................................... 59892
Phenol....................................................... 108952
p-Phenylenediamine........................................... 106503
Phosgene..................................................... 75445
Phthalic anhydride........................................... 85449
Polychlorinated biphenyls (Aroclors)......................... 1336363
Polycyclic Organic Matterb................................... 0
1,3-Propane sultone.......................................... 1120714
beta-Propiolactone........................................... 57578
Propionaldehyde.............................................. 123386
Propoxur (Baygon)............................................ 114261
Propylene dichloride (1,2-Dichloropropane)................... 78875
Propylene oxide.............................................. 75569
1,2-Propylenimine (2-Methyl aziridine)....................... 75558
Quinone...................................................... 106514
Styrene...................................................... 100425
Styrene oxide................................................ 96093
2,3,7,8-Tetrachlorodibenzo-p-dioxin.......................... 1746016
1,1,2,2-Tetrachloroethane.................................... 79345
Tetrachloroethylene (Perchloroethylene)...................... 127184
Toluene...................................................... 108883
2,4-Toluenediamine........................................... 95807
Toluene-2,4-diisocyanate..................................... 584849
o-Toluidine.................................................. 95534
1,2,4-Trichlorobenzene....................................... 120821
1,1,2-Trichloroethane........................................ 79005
Trichloroethylene............................................ 79016
2,4,5-Trichlorophenol........................................ 95954
2,4,6-Trichlorophenol........................................ 88062
Triethylamine................................................ 121448
Trifluralin.................................................. 1582098
2,2,4-Trimethylpentane....................................... 540841
Vinyl acetate................................................ 108054
Vinyl bromide................................................ 593602
Vinyl chloride............................................... 75014
Vinylidene chloride (1,1-Dichloroethylene)................... 75354
Xylenes (isomers and mixture)................................ 1330207
o-Xylene..................................................... 95476
m-Xylene..................................................... 108383
p-Xylene..................................................... 106423
------------------------------------------------------------------------
aIncludes mono- and di-ethers of ethylene glycol, diethylene glycols and
triethylene glycol; R-(OCH2CH2)RR-OR where:
n = 1, 2, or 3,
R = alkyl or aryl groups
R' = R, H, or groups which, when removed, yield glycol ethers with the
structure: R-(OCH2CH2)n-OH. Polymers are excluded from the glycol
category.
bIncludes organic compounds with more than one benzene ring, and which
have a boiling point greater than or equal to 100 deg.C.
Table 3.--Summary of Emission Limits
------------------------------------------------------------------------
Existing
Emission point source New source
------------------------------------------------------------------------
Finishing Operations:
(a) Achieve a weighted average VHAP content
across all coatings (maximum kg VHAP/kg
solids [lb VHAP/lb solids], as applied..... a1.0 a0.8
(b) Use compliant finishing materials
(maximum kg VHAP/kg solids [lb VHAP/lb
solids], as applied):
--stains................................ a1.0 a1.0
--washcoats............................. a,b1.0 a,b0.8
--sealers............................... a1.0 a0.8
--topcoats.............................. a1.0 a0.8
--basecoats............................. a,b1.0 a,b0.8
--enamels............................... a,b1.0 a,b0.8
--thinners (maximum % HAP allowable); or 10.0 10.0
(c) As an alternative, use control device;
or......................................... c1.0 c0.8
(d) Use any combination of (a), (b), and (c) 1.0 0.8
Cleaning Operations:
Strippable spray booth material (maximum VOC
content, kg VOC/kg solids [lb VOC/lb
solids])................................... 0.8 0.8
Contact Adhesives:
(a) Use compliant contact adhesives (maximum
kg VHAP/kg solids [lb VHAP/lb solids], as
applied) based on following criteria:
i. For aerosol adhesives, and for
contact adhesives applied to nonporous
substrates............................. dNA dNA
ii. For foam adhesives used in products
that meet flammability requirements.... 1.8 0.2
iii. For all other contact adhesives
(including foam adhesives used in
products that do not meet flammability
requirements); or...................... 1.0 0.2
(b) Use a control device.................... e1.0 e0.2
------------------------------------------------------------------------
aThe limits refer to the VHAP content of the coating, as applied.
bWashcoats, basecoats, and enamels must comply with the limits presented
in this table if they are purchased premade, that is, if they are not
formulated onsite by thinning other finishing materials. If they are
formulated onsite, they must be formulated using compliant finishing
materials, i.e., those that meet the limits specified in this table,
and thinners containing no more than 3.0 percent HAP by weight.
cThe control device must operate at an efficiency that is equivalent to
no greater than 1.0 kilogram (or 0.8 kilogram) of VHAP being emitted
from the affected emission source per kilogram of solids used.
dThere is no limit on the VHAP content of these adhesives.
eThe control device must operate at an efficiency that is equivalent to
no greater than 1.0 kilogram (or 0.2 kilogram) of VHAP being emitted
from the affected emission source per kilogram of solids used.
[[Page 62951]]
Table 4.--Pollutants Excluded From use in Cleaning and Washoff Solvents
------------------------------------------------------------------------
Chemical name CAS No.
------------------------------------------------------------------------
4-Aminobiphenyl.............................................. 92671
Styrene oxide................................................ 96093
Diethyl sulfate.............................................. 64675
N-Nitrosomorpholine.......................................... 59892
Dimethyl formamide........................................... 68122
Hexamethylphosphoramide...................................... 680319
Acetamide.................................................... 60355
4,4'-Methylenedianiline...................................... 101779
o-Anisidine.................................................. 90040
2,3,7,8-Tetrachlorodibenzo-p-dioxin.......................... 1746016
Beryllium salts..............................................
Benzidine.................................................... 92875
N-Nitroso-N-methylurea....................................... 684935
Bis(chloromethyl)ether....................................... 542881
Dimethyl carbamoyl chloride.................................. 79447
Chromium compounds (hexavalent)..............................
1,2-Propylenimine (2-Methyl aziridine)....................... 75558
Arsenic and inorganic arsenic compounds...................... 99999904
Hydrazine.................................................... 302012
1,1-Dimethyl hydrazine....................................... 57147
Beryllium compounds.......................................... 7440417
1,2-Dibromo-3-chloropropane.................................. 96128
N-Nitrosodimethylamine....................................... 62759
Cadmium compounds............................................
Benzo (a) pyrene............................................. 50328
Polychlorinated biphenyls (Aroclors)......................... 1336363
Heptachlor................................................... 76448
3,3'-Dimethyl benzidine...................................... 119937
Nickel subsulfide............................................ 12035722
Acrylamide................................................... 79061
Hexachlorobenzene............................................ 118741
Chlordane.................................................... 57749
1,3-Propane sultone.......................................... 1120714
1,3-Butadiene................................................ 106990
Nickel refinery dust.........................................
2-Acetylaminoflourine........................................ 53963
3,3'-Dichlorobenzidine....................................... 53963
Lindane (hexachlorcyclohexane, gamma)........................ 58899
2,4-Toluene diamine.......................................... 95807
Dichloroethyl ether (Bis(2-chloroethyl)ether)................ 111444
1,2-Diphenylhydrazine........................................ 122667
Toxaphene (chlorinated camphene)............................. 8001352
2,4-Dinitrotoluene........................................... 121142
3,3'-Dimethoxybenzidine...................................... 119904
Formaldehyde................................................. 50000
4,4'-Methylene bis(2-chloroaniline).......................... 101144
Acrylonitrile................................................ 107131
Ethylene dibromide(1,2-Dibromoethane)........................ 106934
DDE (1,1-p-chlorophenyl 1-2 dichloroethylene)................ 72559
Chlorobenzilate.............................................. 510156
Dichlorvos................................................... 62737
Vinyl chloride............................................... 75014
Coke Oven Emissions.......................................... 99999908
Ethylene oxide............................................... 75218
Ethylene thiourea............................................ 96457
Vinyl bromide (bromoethene).................................. 593602
Selenium sulfide (mono and di)............................... 7488564
Chloroform................................................... 67663
Pentachlorophenol............................................ 87865
Ethyl carbamate (Urethane)................................... 51796
Ethylene dichloride (1,2-Dichloroethane)..................... 107062
Propylene dichloride (1,2-Dichloropropane)................... 78875
Carbon tetrachloride......................................... 56235
Benzene...................................................... 71432
Methyl hydrazine............................................. 60344
Ethyl acrylate............................................... 140885
Propylene oxide...........................
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