august 22, 2001 - gpo 22, 2001 part ii environmental ... worldwide web (www). in addition ......

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August 22, 2001

Part II

EnvironmentalProtection Agency40 CFR Part 63National Emission Standards forHazardous Air Pollutants for BoatManufacturing; Final Rule

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44218 Federal Register / Vol. 66, No. 163 / Wednesday, August 22, 2001 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 63

[FRL–7039–4]

RIN 2060–AG27

National Emission Standards forHazardous Air Pollutants for BoatManufacturing

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This action promulgatesnational emission standards forhazardous air pollutants (NESHAP) fornew and existing boat manufacturingfacilities. The processes regulatedinclude fiberglass resin and gel coatoperations, carpet and fabric adhesiveoperations, and aluminum recreationalboat painting operations. The EPA hasidentified boat manufacturing as a majorsource of hazardous air pollutants(HAP), such as styrene, methylmethacrylate (MMA), methylenechloride (dichloromethane), toluene,xylene, n-hexane, methyl ethyl ketone(MEK), methyl isobutyl ketone (MIBK),and methyl chloroform (1,1,1-trichloroethane). The NESHAP willimplement section 112(d) of the CleanAir Act (CAA) by requiring all majorsources to meet HAP emission standardsreflecting the application of themaximum achievable controltechnology (MACT). We estimate thefinal NESHAP will reduce nationwideemissions of HAP from these facilitiesby 3,450 tons per year (tpy)

(approximately 35 percent from the1997 level of emissions).EFFECTIVE DATE: August 22, 2001.ADDRESSES: Docket. Docket No. A–95–44 contains the information consideredby EPA in developing the NESHAP.This docket is located at the U.S. EPA,Air and Radiation Docket andInformation Center (Mail Code 6102),401 M Street, SW, Room M–1500,Waterside Mall, Washington, DC 20460.The docket may be inspected from 8a.m. to 5:30 p.m., Monday throughFriday, excluding legal holidays.FOR FURTHER INFORMATION CONTACT: Forfurther information concerningapplicability and rule determinations,contact the appropriate State or localagency representative. If no State orlocal representative is available, contactthe EPA Regional Office staff listed in§ 63.13. For information concerning theanalyses performed in developing theNESHAP, contact Mr. Mark Morris,Organic Chemicals Group, EmissionStandards Division (MD–13), U.S. EPA,Research Triangle Park, North Carolina27711, (919) 541–5416,[email protected].

SUPPLEMENTARY INFORMATION: Docket.The docket is an organized andcomplete file of all the informationconsidered by the EPA in thedevelopment of this rulemaking. Thedocket is a dynamic file becausematerial is added throughout therulemaking process. The docketingsystem is intended to allow members ofthe public and industries involved toreadily identify and locate documentsso that they can effectively participatein the rulemaking process. Along with

the proposed and promulgatedstandards and their preambles, thecontents of the docket will serve as therecord in the case of judicial review.(See section 307(d)(7)(A) of the CAA.)The regulatory text and other materialsrelated to this rulemaking are availablefor review in the docket or copies maybe mailed on request from the AirDocket by calling (202) 260–7548. Areasonable fee may be charged forcopying docket materials.

Public Comments. The NESHAP forboat manufacturing were proposed onJuly 14, 2000 (65 FR 43842) and 27comment letters were received on theproposal. The comment letters areavailable in Docket No. A–95–44, alongwith a summary of the comment lettersand EPA’s responses to the comments.In response to the public comments,EPA adjusted the final NESHAP whereappropriate.

Worldwide Web (WWW). In additionto being available in the docket, anelectronic copy of today’s final NESHAPwill also be available on the WWWthrough the Technology TransferNetwork (TTN). Following theAdministrator’s signature, a copy of theNESHAP will be posted on the TTN’spolicy and guidance page for newlyproposed or final rules at http://www.epa.gov/ttn/oarpg/t3pfpr.html.The TTN provides information andtechnology exchange in various areas ofair pollution control. If moreinformation regarding the TTN isneeded, call the TTN HELP line at (919)541–5384.

Regulated Entities. Categories andentities potentially regulated by thisaction include:

Category NAICScode

SICcode Examples of regulated entities

Industrial .................................. 336612 3732 Boat manufacturing facilities that perform fiberglass production operations or aluminumcoating operations.

............ 3731 Shipbuilding and repair facilities that perform fiberglass production operations.Federal Government ............... 336612 3731

3732Federally owned facilities (e.g., Navy shipyards) that perform fiberglass production oper-

ations.

This table is not intended to beexhaustive, but rather provides a guidefor readers regarding entities likely to beregulated by this action. Not all facilitiesclassified under the NAICS or SIC codesare affected. Other types of entities notlisted could be affected. To determinewhether your facility is regulated by thisaction, you should examine theapplicability criteria in § 63.5683 of thefinal NESHAP. If you have anyquestions regarding the applicability ofthis action to a particular entity, consultthe person listed in the preceding FORFURTHER INFORMATION CONTACT section.

Judicial Review: The NESHAP for boatmanufacturing facilities were proposedon July 14, 2000 (65 FR 43842). Thisaction announces EPA’s final decisionson the NESHAP. Under section307(b)(1) of the CAA, judicial review ofthe final NESHAP is available by filinga petition for review in the U.S. Courtof Appeals for the District of ColumbiaCircuit by October 22, 2001. Only thoseobjections to the NESHAP which wereraised with reasonable specificityduring the period for public commentmay be raised during judicial review.Under section 307(b)(2) of the CAA, the

requirements that are the subject oftoday’s final NESHAP may not bechallenged later in civil or criminalproceedings brought by EPA to enforcethese requirements.

Outline. The information presented inthis preamble is organized as follows:

I. IntroductionA. What is the purpose of the NESHAP?B. What is the statutory authority for

NESHAP?C. What processes and operations

constitute boat manufacturing?II. Summary of the Final NESHAP


44219Federal Register / Vol. 66, No. 163 / Wednesday, August 22, 2001 / Rules and Regulations

A. What sources and operations are subjectto the NESHAP?

B. What pollutants are regulated?C. What do the final NESHAP require?D. What is the MACT model point value

and how is it used in the final NESHAP?E. When must I comply?F. How do I demonstrate compliance?G. How do I demonstrate compliance if I

use an enclosure and an add-on controldevice?

III. Summary of Environmental, Energy, andEconomic Impacts

A. What facilities are affected by theNESHAP?

B. What are the air quality impacts?C. What are the water quality impacts?D. What are the solid and hazardous waste

impacts?E. What are the energy impacts?F. What are the cost impacts?G. What are the economic impacts?

IV. Summary of Changes Since ProposalA. Operations Not Covered by the NESHAPB. Determining Whether a Facility is a

Major Source or Area SourceC. Open Molding Resin and Gel Coat

OperationsD. Standards for Resin and Gel Coat Mixing

OperationsE. Standards for Resin and Gel Coat

Application Equipment CleaningOperations

F. Standards for Carpet and FabricAdhesive Operations

G. Standards for Aluminum RecreationalBoat Surface Coating Operations

H. Methods for Determining Hazardous AirPollutant Content

I. Notifications, Reports, and RecordsJ. Definitions

V. Summary of Responses to MajorComments

A. Open Molding OperationsB. Filled Tooling ResinsC. Standards for Closed Molding Resin

OperationsD. Standards for Aluminum Recreational

Boat Surface Coating OperationsE. Methods for Determining Hazardous Air

Pollutant ContentF. Notifications, Reports, and RecordsG. Pollution Prevention

VI. Administrative RequirementsA. Executive Order 12866, Regulatory

Planning and ReviewB. Executive Order 13132, FederalismC. Executive Order 13175, Consultation

and Coordination with Indian TribalGovernments

D. Executive Order 13045, Protection ofChildren from Environmental HealthRisks and Safety Risks

E. Unfunded Mandates Reform ActF. Regulatory Flexibility Act (RFA) as

Amended by the Small BusinessRegulatory Enforcement Fairness Act of1996 (SBREFA), 5 U.S.C. 601, et seq.

G. Paperwork Reduction ActH. National Technology Transfer and

Advancement ActI. Congressional Review ActJ. Executive Order 13211 (Energy Effects)

I. Introduction

A. What Is the Purpose of the NESHAP?The purpose of the final NESHAP is

to protect the public health by reducingemissions of HAP from boatmanufacturing facilities.

B. What Is the Statutory Authority forNESHAP?

Section 112 of the CAA requires thatwe promulgate standards for the controlof HAP from both new and existingmajor sources. A major source of HAPis defined as any stationary source orgroup of stationary sources within acontiguous area and under commoncontrol that emits or has the potential toemit, considering controls, in theaggregate, 10 tpy or more of any singleHAP or 25 tpy or more of multiple HAP.

The CAA requires the standards toreflect the maximum degree ofreduction in emissions of HAP that isachievable taking into consideration thecost of achieving the emissionsreductions, any non-air-quality healthand environmental impacts, and energyrequirements. This level of control iscommonly referred to as the MACT.

We based the final NESHAP for boatmanufacturing for new and existingsources on the MACT floor controllevel. The MACT floor is the minimumcontrol level allowed for NESHAP andis defined under section 112(d)(3) of theCAA. In essence, the MACT floorensures that all major HAP emissionsources achieve the level of controlalready achieved by the better-controlled and lower-emitting sourcesin each category. For new sources, theMACT floor cannot be less stringentthan the emission control that isachieved in practice by the best-controlled similar source. The standardsfor existing sources can be less stringentthan standards for new sources, but theycannot be less stringent than the averageemission limitation achieved by thebest-performing 12 percent of existingsources (or the best-performing 5sources for categories or subcategorieswith fewer than 30 sources).

In developing MACT, we alsoconsider control options that are morestringent than the floor. We mayestablish standards more stringent thanthe floor based on the consideration ofcost, non-air-quality health andenvironmental impacts, and energyrequirements.

C. What Processes and OperationsConstitute Boat Manufacturing?

The final NESHAP regulate fiberglassboat and aluminum recreational boatmanufacturing operations. Theemissions from these boat

manufacturing operations and processesare fugitive in nature. Fugitiveemissions result from HAP evaporatingfrom the resins, gel coats, solvents,adhesives, and surface coatings used inmanufacturing processes. The followingparagraphs provide a brief descriptionof the operations found at boatmanufacturing facilities.

Fiberglass boat manufacturingoperations. Fiberglass boats are builtfrom glass fiber reinforcements laid in amold and saturated with a polyester orvinylester plastic resin. The resinhardens to form a rigid plastic partreinforced with the fiberglass. The resinis mixed with a catalyst as it is appliedthat causes a cross-linking reactionbetween the resin molecules. The cross-linking reaction causes the resin toharden from a liquid to a solid.

Fiberglass manufacturing processesare generally considered either ‘‘openmolding’’ or ‘‘closed molding.’’ In openmolding, fiberglass boat parts are built‘‘from the outside in’’ according to threebasic process steps:

(1) The mold is sprayed with a layerof gel coat, which is a pigmentedpolyester resin that hardens andbecomes the smooth outside surface ofthe part.

(2) The inside of the hardened gel coatlayer is coated with a ‘‘skin coat’’ ofchopped glass fibers and polyester orvinylester resin.

(3) Additional layers of fiberglasscloth or chopped glass fibers saturatedwith resin are added until the part is thefinal thickness.

The same basic process is used tobuild or repair molds with tooling gelcoat and tooling resin.

In closed molding, the resin is appliedto fabric placed between the halves of atwo-piece mold. Three basic types ofclosed molding used in boatmanufacturing are resin infusionmolding, resin transfer molding, andcompression molding with sheetmolding compound.

The polyester and vinylester resinsthat are used in fiberglass boatmanufacturing contain styrene as asolvent and a cross-linking agent. Gelcoats also contain MMA as a solvent,and styrene. Styrene and MMA areHAP, and a fraction evaporates duringresin and gel coat application andcuring. Resins and gel coats containingstyrene and MMA are also used to makethe molds used in producing fiberglassparts.

Mixing is done to stir the resin or gelcoat and promoters, fillers, or otheradditives before being applied to theparts. Some HAP from the resin and gelcoat are emitted during the mixingprocess.



Resin and gel coat applicationequipment requires solvent cleaning toremove uncured resin or gel coat whennot in use. The resin or gel coat willcatalyze in the hoses or gun if notflushed with a solvent after each use.

Fabric and carpet adhesiveoperations. The interiors of many typesof fiberglass boats and aluminumrecreational boats are covered withcarpeting or fabric to improveappearance, provide traction, or deadensound. The material is bonded to theinterior with contact adhesives. Theseadhesives often contain HAP solvents,such as methylene chloride, toluene,xylenes, and methyl chloroform (1,1,1-trichloroethane). The solvents evaporateas the adhesives dry.

Aluminum recreational boat surfacecoatings. Aluminum recreational boathull topsides and decks are paintedwith coatings applied with spray guns.These coatings may be high-glosspolyurethane coatings or low-glosssingle-part coatings. These surfacecoatings often contain HAP solvents,such as toluene, xylenes, andisocyanates.

The HAP-containing solvents are alsoused to clean surfaces before finishing(wipedown solvents) and for cleaningpaint and coating spray guns.

II. Summary of the Final NESHAP

This preamble section discusses thefinal NESHAP as they apply to ‘‘you,’’the owner or operator of a new orexisting boat manufacturing facility.

A. What Sources and Operations AreSubject to the NESHAP?

The final NESHAP will regulateorganic HAP from major sources thatmanufacture aluminum recreationalboats (that is, noncommercial andnonmilitary aluminum boats) or alltypes of fiberglass boats. Coatingoperations on vessels used forcommercial and military purposes arecovered by the shipbuilding and repairNESHAP (40 CFR part 63, subpart II).

The final NESHAP apply to fiberglassboat manufacturers making all sizes andtypes of fiberglass boats using theoperations listed below:

• All open molding operations,including pigmented gel coat, clear gelcoat, production resin, tooling resin,and tooling gel coat.

• All closed molding resinoperations.

• All resin and gel coat applicationequipment cleaning.

• All resin and gel coat mixingoperations.

• All carpet and fabric adhesiveoperations.

The final NESHAP apply toaluminum recreational boatmanufacturing facilities performing theoperations listed below:

• All aluminum recreational boatsurface coating and associated spray guncleaning and wipedown solventoperations.

• All carpet and fabric adhesiveoperations.

B. What Pollutants Are Regulated?The final NESHAP regulate the total

organic HAP content in the materialsused in each regulated operation. Thefinal NESHAP do not set limits forindividual species of HAP. The HAPemitted by boat manufacturing facilitiestypically include styrene, MMA,toluene, xylenes, methyl chloroform(1,1,1-trichloroethane), MEK, n-hexane,and MIBK. However, the total organicHAP content limit includes all organicHAP listed in section 112(b) of the CAA.

C. What do the Final NESHAP Require?The final NESHAP have various

formats for the different operationsbeing regulated. For open molding resinand gel coat operations, you mustcomply with a HAP emission limit thatis calculated for your facility usingMACT model point value equations,which are described in section II.D.

You can demonstrate compliancewith the HAP emission limit for yourfacility either by (1) averaging emissionswith the MACT model point valueequations, (2) complying withequivalent material HAP content limitsfor each type of open moldingoperation, or (3) using an add-on controldevice. The HAP emissions limit andequivalent HAP content limits are thesame for new and existing sources. Youmay use averaging for all of your openmolding operations or only for some ofthem. For those operations not includedin the emissions average, you mustcomply with one of the alternativeprovisions.

For resin operations, different HAPcontent limits apply to atomized andnonatomized resin application methods.The HAP content limits for openmolding are presented in Table 2 tosubpart VVVV. If you use an add-oncontrol device to meet the emissionslimit, the emissions limit is calculatedusing the MACT model point valueequations and is in units of kilograms(kg) of organic HAP per megagram ofresin or gel coat consumed.

As stated above, you may use acombination of compliance options forthe different resin and gel coatoperations within your facility. Forexample, a hull production line may useseveral resins and gel coats. You may

choose to use a laminating resin thatcomplies with the appropriate HAPcontent limit, but decide to use theaveraging approach for the skin coatresin and the production gel coats. Inanother example, you could include inthe average all production resins andpigmented gel coats at your facility, butdecide not to include clear gel coat,tooling resin, and tooling gel coat. Youcould also use averaging to use a mix ofatomized and nonatomized resinapplication methods but at differentHAP contents from those in Table 2 tosubpart VVVV.

Other operations regulated by thefinal NESHAP will be subject to workpractice requirements or HAP contentlimits. Resin and gel coat mixingcontainers with a capacity of 208 liters(55 gallons) or more must be covered.Routine resin and gel coat applicationequipment cleaning operations must usesolvents containing no more than 5percent organic HAP, but solvents usedto remove cured resin or gel coat fromequipment are exempt. The containersused to hold the exempt solvent and toclean equipment with cured resin andgel coat must be covered. Carpet andfabric adhesive operations must useadhesives containing no more than 5percent organic HAP.

Aluminum recreational boatwipedown solvents and surface coatingsare subject to HAP content limits.Aluminum recreational boat spray guncleaning operations are subject to awork practice requirement.

Compliance with the emissions limitsin the final NESHAP is based on a 12-month rolling average except when anadd-on control device is used. At theend of every month, you determinecompliance for each operation based onthe HAP content and materialconsumption data collected over thepast 12 months. When an add-oncontrol device is used, compliance isdetermined through emissions testingand subsequent monitoring.

D. What Is the MACT Model Point Valueand How Is it Used in the FinalNESHAP?

The MACT model point value is anumber calculated for each openmolding operation and is a surrogate foremissions. The MACT model pointvalue is a way to rank the relativeperformance of different resin and gelcoat emissions reduction techniques.This approach allows you to createcontrol strategies using different resinand gel coat emissions reductiontechniques. The final NESHAP provideequations to calculate MACT modelpoint values based on HAP content andapplication method for each material



that you use. These MACT model pointvalues are then averaged and comparedto limits in the final NESHAP todetermine if your open moldingoperations are in compliance.

The MACT model point values haveunits of kg of HAP per megagram ofresin or gel coat applied. It is importantto note that the MACT model pointvalues are surrogates for emissions, andthe MACT model point value equationsare used only for determiningcompliance with the emission limits foropen molding operations. The MACTmodel point value equations should notbe used in other environmentalprograms for estimating emissions inplace of true emission factor equationsor site-specific data.

The MACT model point valueequations account only for HAP contentand application method. Other factors(including curing time, part thickness,and operator technique) can havesignificant effects on emissions, butthese factors are not accounted for in theMACT model point value equations.Determining the HAP content ofmaterials and the method of applicationis relatively easy, but it is difficult todetermine the other factors. Also, partthickness and curing time can bespecific to the part being manufactured,so limiting these factors would impedeproduction. Therefore, factors otherthan HAP content and applicationmethod are not included in the MACTmodel point value equations.

E. When Must I Comply?Existing boat manufacturing facilities

must comply within 3 years of August22, 2001. New sources that commenceconstruction after July 14, 2000 mustcomply by August 22, 2001 or uponstartup, whichever is later. Existing andnew area sources that become majorsources after August 22, 2001 mustcomply within 1 year after becoming amajor source or within 3 years of August22, 2001, whichever is later.

The CAA instructs EPA to establish acompliance date or dates for existingsources that will provide for compliance‘‘as expeditiously as practicable, but inno event later than 3 years after theeffective date.’’

Existing sources using pollutionprevention approaches for compliancewill need to make changes inapplication equipment and rawmaterials. We believe these sourcesneed the full 3–year period provided bythe CAA to evaluate different resins, gelcoats, carpet and fabric adhesives, oraluminum recreational boat surfacecoatings and the effects of these changeson production processes and productperformance. In addition, we believe

that providing the maximum amount ofallowable time will encourage moresources to use compliant materialsrather than emissions averaging, therebyreducing the amount of records andpaperwork needed to demonstrateinitial and continuous compliance.

If an existing source chooses to use anadd-on control device to comply, thefull 3 years provided by the CAA isnecessary to allow sufficient time todesign, purchase, install, and work outoperational problems that occur intrying to start up a new control device.

F. How Do I Demonstrate Compliance?Unless you are using an add-on

control device, you must measure andrecord the HAP content of all thematerials regulated by the finalNESHAP. You may determine HAPcontent using test methods specified inthe NESHAP, or you may usedocumentation provided by the materialmanufacturer, such as a material safetydata sheet (MSDS), to show compliance.Although you may use either the testmethods specified in the NESHAP orthe manufacturer’s documentation toshow compliance, we will use the testmethod results to determine complianceif they differ from the manufacturer’sdocumentation.

Compliance with the HAP contentlimits is based on the weighted-averageHAP content for each material on a 12-month rolling-average basis.Compliance is determined at the end ofevery month (12 times per year) basedon the past 12 months of data. Todetermine weighted-average HAPcontent, you will also need to monitorand record the amount of each regulatedmaterial used per month, as well asHAP content. On the compliance date,new and existing sources must begincollecting the data needed todemonstrate compliance.

If all of the material in a particularoperation meets the applicable HAPcontent limit, then you will not need torecord the amount of material used.Likewise, you will not need to performand record any calculations todetermine weighted-average HAPcontent.

For open molding resin and gel coatoperations, how you show compliancewill depend on which complianceoption you choose. For example, if youchoose to average among several openmolding resin and gel coat operations,you will have greater operatingflexibility, but you will also need to domore recordkeeping and calculations toshow compliance than if you complywith each individual HAP content limit.Also, you must complete animplementation plan for the open

molding operations at your facility thatare included in an averaging option. Theimplementation plan must describe theresin and gel coat materials you plan touse, their HAP contents, and how youwill apply those materials so that youare in compliance. The plan must alsoinclude calculations showing that yourchoice of materials and applicationmethods will achieve compliance.

You must keep records of the HAPcontent of all materials that are subjectto HAP content limits. You must alsokeep records of the amount of materialused and any calculations you performto determine compliance usingweighted-average HAP contents or theaveraging option for open moldingoperations. Every month, you mustinspect the covers required by the workpractice standards for resin and gel coatmixing containers and aluminumrecreational boat coating spray guncleaners. You must also keep records ofthe results of these inspections and anyrepairs made to the covers. All recordsmust be kept for 5 years (at least the last2 years of records must be kept onsite).After the initial compliancedemonstration, all sources mustcomplete semiannual compliancereports.

Today’s final NESHAP contain thespecific monitoring, recordkeeping, andreporting requirements for eachregulated operation.

G. How Do I Demonstrate Compliance ifI Use an Enclosure and an Add-OnControl Device?

If you use an enclosure (such as aspray booth) and add-on control, youmust use EPA Method 204 to prove thatthe enclosure is a total enclosure. If theenclosure is not a total enclosure, youmust use a temporary enclosure tomeasure the fugitive emissions from theenclosure and the control device. Stacktesting is used to determine compliancewith the emissions limit. You must useeither EPA Method 25A to measureemissions as total hydrocarbons (as asurrogate for total HAP) or EPA Method18 for specific HAP. New and existingsources that comply using add-oncontrol devices must conduct therequired performance testing no laterthan 180 days after the compliance date.

During and after the initialperformance test, you must monitor andrecord certain control device parametersto ensure that the control devicecontinues to be operated as it wasduring the test. For example, for thermaloxidizers you must monitor and recordcombustion temperature and maintainthe temperature above an allowableminimum value. For control devicesother than thermal oxidizers, you must



identify parameters that demonstrateproper control device operation andhave these parameters approved by theEPA. Monitored operating parametersmust be kept within the allowableranges to demonstrate compliance withthe control device operatingrequirements.

III. Summary of Environmental,Energy, and Economic Impacts

A. What Facilities Are Affected by theNESHAP?

There are approximately 119 existingfacilities manufacturing fiberglass boatsor aluminum recreational boats that aremajor sources and will be subject to thefinal NESHAP. The rate of growth forthe boat manufacturing industry isestimated to be five new facilities peryear for the next 5 years.

B. What Are the Air Quality Impacts?The 1997 baseline emissions from the

boat manufacturing industry areestimated at 9,920 tpy. The finalNESHAP will reduce HAP from existingsources by 3,450 tpy from the baselinelevel, a reduction of 35 percent.

The final NESHAP will not result inany increase in other air pollutionemissions. While combustion devicescan result in increased sulfur dioxideand nitrogen oxide emissions, we do notexpect anyone to comply by installingnew combustion devices during the next5 years.

C. What Are the Water Quality Impacts?We estimate that the final NESHAP

will have no adverse water qualityimpacts. We do not expect anyone tocomply by using add-on control devicesor process modifications that willgenerate wastewater.

D. What Are the Solid and HazardousWaste Impacts?

We estimate that the final NESHAPwill decrease the amount of solid wastegenerated by the boat manufacturingindustry by approximately 400 tpy. Thedecrease in solid waste is directlyrelated to switching to nonatomizedresin application equipment (e.g.,flowcoaters and resin rollers). Switchingto flowcoaters decreases overspraybecause of the greater transfer efficiencyof resin from flowcoaters to the partbeing manufactured. A decrease inoverspray consequently reduces theamount of waste from disposable floorcoverings, cured resin waste, andpersonal protective equipment (PPE) forworkers. Disposable floor coverings arereplaced on a periodic basis to preventresin buildup on the floor. We estimate

that solid waste generation of floorcoverings will decrease byapproximately 350 tpy, and that curedresin solid waste will decrease byapproximately 50 tpy.

Decreased overspray from flowcoaterswill result in a decreased usage of PPE,which also reduces the amount of solidwaste. Workers who use flowcoaterstypically wear less PPE than when usingspray guns because of the reducedpresence of resin aerosols and lowerstyrene levels in the workplace. Becausewe did not have information on themany different types of PPE currentlyused, we did not estimate this decreasein solid waste.

Some facilities that switch from sprayguns to flowcoaters may have a smallincrease of hazardous waste from theused flowcoater cleaning solvents.However, most facilities will not see anincrease, and the overall impact on theindustry will be small relative to thesolid waste reductions. Nearly allflowcoaters require resin and catalyst tobe mixed inside the gun (internal-mix)and must be flushed when work isstopped for more than a few minutes.External-mix spray guns do not need tobe flushed because resin is mixed withcatalyst outside the gun. Facilities thatswitch from external-mix spray guns toflowcoaters will use more solvent.Solvent usage should not change atfacilities switching from internal-mixspray guns to flowcoaters.

The most common flushing solventsare acetone and water-based emulsifiers.Only a couple of ounces of solvent aretypically needed to flush the mixingchamber and nozzle of flowcoaters andinternal- mix spray guns. We haveobserved during site visits that thissmall quantity of solvent is usuallysprayed into the air or onto the floorcoverings and allowed to evaporate.

We do not have adequate data topredict the potential solvent wasteimpact from switching to flowcoaters.The magnitude of the impact dependson the type of gun currently used(internal-or external-mix), the frequencyof flushing, and the type of solventused. However, because of the smallamount of solvent used, and since mostis allowed to evaporate, we believe theoverall solvent waste increase will besmall compared to the solid wastereductions.

E. What Are the Energy Impacts?

Compliance with the NESHAP is notexpected to cause any increase in energyconsumption at new or existingfacilities. No new or existing facilitiesare expected to install add-on control

devices to comply with the finalNESHAP in the first 5 years afterpromulgation. One facility currentlyuses a thermal oxidizer to control someof their styrene and MMA emissionsfrom fiberglass boat manufacturingoperations.

F. What Are the Cost Impacts?

We estimate that nationwide annualcompliance costs for the existingfacilities will be $14 million. Thisestimate includes annualized capitalcosts and increased material costs forpurchasing more expensive, lower-HAPmaterials. Annual costs also includemonitoring, recordkeeping, andreporting costs. The estimated annualcost of reduced HAP is $4,060/ton.

The capital costs will be for thepurchase of new resin applicationequipment, resin mixer covers, andadhesive application equipment. Theestimated cost of new resin applicationequipment (flowcoaters) is $6,000 perunit (includes flowcoater, hoses, andresin and catalyst pumps). Theestimated cost of new adhesiveapplication equipment is alsoapproximately $6,000 per unit. Theresin and gel coat mixer covers will beapproximately $180 per year percontainer.

No capital costs are predicted formold construction or aluminumrecreational boat surface coatingoperations.

G. What Are the Economic Impacts?

The EPA prepared an economicimpact analysis to evaluate the primaryand secondary impacts of the proposedand final NESHAP on the boatmanufacturing market, consumers, andsociety. Because the characteristics ofboats vary greatly throughout theindustry, we evaluated the market byassessing the impacts on six separatemarket segments of the industry,including: outboard boats, inboardrunabouts/sterndrive, inboard cruisers/yachts, jet boats/personal watercraft,sailboats, and canoes. The totalannualized social cost (in 1994 dollars)of the final NESHAP on the industry is$13.0 million, which is 0.2 percent oftotal baseline revenue. Generally, theanalysis indicates a minimal change inmarket prices and quantity of boats sold.Imports will increase negligibly, with acorresponding decrease in exports. Theanalysis also suggests a loss (at themaximum) of 48 employees out of the51,500 employees in the industry. Theimpacts on specific market segments aresummarized in the table below.



TABLE 2.—ECONOMIC IMPACT OF FINAL NESHAP ON BOAT MARKET SEGMENTS

Boat market segment Change in price Change in marketoutput

Outboard Boats ............................................................................................................................................ 0.1% ¥0.3%Inboard Runabouts/Sterndrive ..................................................................................................................... 0.1% ¥0.1%Inboard Cruisers/Yachts .............................................................................................................................. 0.0% ¥0.0%Jet Boats/Personal Watercraft ..................................................................................................................... 0.0% ¥0.0%Sailboats ...................................................................................................................................................... 0.1% ¥0.2%Canoes ......................................................................................................................................................... 0.1% ¥0.1%

The analysis also predicts the numberof facilities that will close as a result ofthe cost of complying with the finalNESHAP. The EPA used market levelinformation on total predicted change inquantity to infer how many plantswould close if the quantity decrease wasborne entirely by one (or more) facility.For example, if the market analysispredicts that 1,000 fewer boats areproduced and the average facilityproduces 500 boats, then the impact isequivalent to two facility closures.Using this approach, the predictedreduction in quantity did not equal evenone facility closure in any of the sixmarket segments. While this does notmean that no facilities will close as aresult of the final NESHAP, it doesindicate that the final NESHAP hasminimal total impacts, and that anyfacility closure will likely be the resultof poor baseline cost conditions ratherthan a direct result of the complianceburden.

IV. Summary of Changes SinceProposal

In response to comments received onthe proposed NESHAP and after furtheranalysis, the following changes havebeen made.

A. Operations Not Covered by theNESHAP

The exemptions in the applicabilitysection of the final NESHAP(§ 63.5683(d)) have been revised toclarify that the NESHAP do not apply toadhesives that are used to bondaluminum parts or other parts that arenot fiberglass. This exemption does notapply to carpet and fabric adhesives,which are regulated by the NESHAP.We are also exempting research anddevelopment activities and activities inanalytical laboratories. A definition ofresearch and development activity hasbeen added to § 63.5779 of the finalNESHAP.

B. Determining Whether a Facility Is aMajor Source or Area Source

Section 63.5686(b) contains materialconsumption restrictions that allow asource to limit their potential to emit

HAP to much less than the major sourcethresholds without otherwise obtaininga federally enforceable operating permit.We have added a third materialconsumption restriction that boatmanufacturers may use to demonstratethey are not a major source. In the newmethod, a fiberglass or aluminumrecreational boat manufacturing facilityis an area source and exempt from thestandards if the materials consumed peryear at the facility contain less than 5tons of a single HAP and less than 12.5tons of a combination of HAP. The twomethods included in the NESHAP atproposal have been retained in the finalNESHAP. The usage limits ensure thata facility’s potential and actualemissions of HAP are below the majorsource thresholds of 10 tons of a singleHAP and 25 tons of a combination ofHAP.

The final NESHAP contain additionalmodifications to these provisions toensure that the usage limits will keepactual emissions from most facilitiessubstantially below the majorthresholds. These modifications includea requirement that at least 90 percent ofannual HAP emissions from the facilitymust come from the fiberglass boatmanufacturing operations or thealuminum recreational boatmanufacturing operations. If the facilityhas sources of HAP emissions otherthan these materials, the owner oroperator must keep any recordsnecessary to demonstrate that thefacility meets the 90 percent criterion.

The final NESHAP also requireowners and operators to maintainrecords to demonstrate that they do notexceed the annual material or HAPusage rates, based on a 12-monthrolling-average basis. These recordsinclude monthly usage records for thefollowing: all resins and gel coats usedin fiberglass boat manufacturingoperations; carpet and fabric adhesives;surface wipedown solvents, applicationgun cleaning solvents, and paints andcoatings used in aluminum recreationalboat manufacturing operations;documentation of HAP content (ifneeded); and any other recordsnecessary to document emissions from

source categories other than boatmanufacturing.

A facility may exceed the usage limitsand still remain an area source exemptfrom the standards if, before exceedingthe limit, the facility obtains other limits(such as a federally enforceable Stateoperating limit on their potential toemit) that keep its potential to emit HAPbelow the major source thresholds. If afacility exceeds the usage limits anddoes not have some other limit on itspotential to emit, the facility becomes amajor source and thereafter mustcomply with the standards on theapplicable compliance date in theNESHAP. These provisions preventfacilities from alternating between area-source and major-source status whileevading major source requirements.Also, these provisions make it possiblefrom a legal standpoint to consider theusage cutoff levels as limiting a source’spotential to emit HAP.

C. Open Molding Resin and Gel CoatOperations

The standards for open moldingoperations in § 63.5698 have beenrevised to include exemptions forseveral specialty materials. Productionresins (including skin coat resins) usedto build military vessels that must meetmilitary specifications and those usedon vessels built to U.S. Coast Guardspecifications for lifesaving equipmentand small passenger vessels will beexempt from the production resin HAPcontent limits. Pure 100 percentvinylester resins that are used for skincoats will also be exempt from theproduction resin HAP content limits;the exempt resin cannot exceed 5percent of total production resin usage.However, these specialty productionresins and 100 percent vinylester skincoat resins must be applied withnonatomized (non-spray) applicationequipment. Gel coat materials that areused for part and mold repair and touchup will be exempt from the openmolding standards. The gel coatmaterials included in this exemptionmust not exceed 1 percent of the totalgel coat used at that facility on a 12-month rolling-average basis.



The final NESHAP contain a newsection (§ 63.5714) which specifiesprocedures for calculating compliancefor filled tooling and production resinsbased on the as-applied MACT modelpoint value for the filled resin.

D. Standards for Resin and Gel CoatMixing Operations

Section 63.5731 has been revised toclarify that the standards for resin andgel coat mixing operations apply to on-site mixing of putties and polyputties.

E. Standards for Resin and Gel CoatApplication Equipment CleaningOperations

Section 63.5734 has been revised suchthat all solvents (both virgin andrecycled) that are used for routine resinand gel coat application equipmentcleaning are subject to the same 5percent organic HAP content limit.Solvents used for removing cured resinor gel coat from application equipmentare not subject to the 5 percent organicHAP content limit.

Section 63.5737 has been revised tostate that if a cleaning solvent isrecycled (either on-site or off-site), aboat manufacturer may use acertification or measurement of the HAPcontent of the material as originallypurchased from the material supplier fordemonstrating compliance. Therequirement in § 63.5737(b) foroperators to record the amount ofrecycled solvent they purchase has beendeleted.

The requirements for cured resin andgel coat solvent cleaning operations in§ 63.5734(b) have been revised so theyare the same as the requirements in§ 63.462 of 40 CFR part 63, subpart T(national emission standards forhalogenated solvent cleaning), forcontainers holding more than 2 gallonsof halogenated solvent. In addition, thefinal NESHAP state that solventcontainers used for cleaning cured resinand gel coat from equipment are exemptfrom subpart T.

F. Standards for Carpet and FabricAdhesive Operations

The HAP content limit for carpet andfabric adhesives in § 63.5740 has beenchanged such that all carpet and fabricadhesives must contain no more than 5percent organic HAP.

G. Standards for AluminumRecreational Boat Surface CoatingOperations

The format of the emission limit foraluminum recreational boat wipedownsolvents in § 63.5743(a) has beenrevised, and the emission limit has beenrecalculated to conform with the new

format. The recalculated emission limitfor aluminum wipedown solvents is0.33 kg organic HAP per liter of totalcoating solids (2.75 pounds per gallon).Total coating solids is the combinedsolids from primers, clear coats, and topcoats.

Boat manufacturers will also have theoption of complying with a combinedemission limit for aluminum wipedownoperations and aluminum coatingoperations. The combined emissionlimit is 1.55 kg organic HAP per liter oftotal coating solids (12.9 pounds pergallon), which is the sum of theindividual limits for aluminumwipedown operations (0.33 kg organicHAP per liter coating solids (2.75pounds per gallon)) and aluminumcoating operations (1.22 kg organic HAPper liter coating solids (10.2 pounds pergallon)). If a boat manufacturer complieswith the combined emission limit, theycan offset higher HAP from oneoperation with lower HAP from theother operation.

The work practices for aluminumcoating spray gun cleaning operations in§ 63.5743 have been revised so thatspray gun cleaning operations that userecycled non-HAP solvents (which maycontain trace amounts of HAP) are notsubject to the spray gun cleaning workpractice requirements. Recycledcleaning solvents that contain traceamounts of HAP (5 percent or less byweight) are considered to be non-HAP.A provision has been added to § 63.5743to specifically allow for the use ofalternative spray gun cleaning workpractices approved according to theprocedures in § 63.6(g). In§ 63.5755(b)(1), the requirement thatenclosed spray gun cleaners have coversthat ‘‘close properly’’ has been revisedto state that the covers ‘‘must have novisible gaps.’’

H. Methods for Determining HazardousAir Pollutant Content

Section 63.5758(a) has been revised tostate that only organic HAP are includedin determining HAP content. InorganicHAP are added as pigments to gel coatsand surface coatings and are not emittedfrom the operations regulated by theseNESHAP and, therefore, are notincluded in determining HAP content.This section has also been revised toallow the use of ASTM D1259–85(Standard Test Method for NonvolatileContent of Resins), and EPA Method 24for measuring volatile organic mattercontent as a surrogate for demonstratingthe HAP content of coatings. If volatileorganic matter is used as a surrogate forHAP content, then the boatmanufacturer must assume that allvolatile organic matter is HAP.

Section 63.5758 has also been revisedto recognize the fact that some materialmanufacturers and suppliers report ontheir MSDS a manufacturing targetvalue for HAP constituents, such asstyrene in resin and gel coat. If theorganic HAP content is provided as asingle value, you may assume the valueis a manufacturing target value andactual organic HAP content may varyfrom the target value. If a separatemeasurement of the total organic HAPcontent using the methods specified inthe NESHAP is less than 2 percentagepoints higher than the value for totalorganic HAP content provided by thematerial supplier or manufacturer, thenyou may use the provided value todemonstrate compliance. If themeasured total organic HAP contentexceeds the provided value by 2percentage points or more, then youmust use the measured organic HAPcontent to determine compliance. Thisallowance does not apply if the HAPcontent is reported on an MSDS as arange. In that case, the measured HAPcontent cannot exceed the upper limit ofthe reported HAP content range.

Section 63.5758 has been revised toprovide guidance on determining theHAP content of solvent blends when theMSDS has reported a solvent blend butnot the HAP content of the solventblend. The guidance includes a table ofvalues for the HAP content ofcommonly used solvent blends.

Section 63.5758 has been revised toclarify how total HAP is calculated. Indetermining total HAP, you mustinclude HAP that are present atconcentrations equal to or greater than1.0 percent, unless the HAP is anOSHA-defined carcinogen, in whichcase you must include the HAP in thetotal if it is present at a concentrationequal to or greater than 0.1 percent. Forexample, if a material contains fourspecies of noncarcinogenic HAP that areeach present at 0.9 percent by weight,none of these four species needs to beincluded in the total HAP calculation.

I. Notifications, Reports, and RecordsWe have revised the emission

limitations in §§ 63.5698(b) and63.5743(a) and (b) so that compliance isdemonstrated on a 12-month rolling-average basis, rather than a 3-monthrolling-average basis for sources notusing an add-on control device. For newand existing sources that do not use anadd-on control device, the initial 12-month compliance period will begin onthe compliance date.

For sources using an add-on controldevice, compliance is based on aperformance test and continuousmonitoring of the control device.



J. Definitions

We have revised the definition ofhazardous air pollutant (HAP) in§ 63.5779 so it has the same wording asthe definition of HAP in § 63.2. We haveadded a definition of research anddevelopment activities which will beexempt from the NESHAP. We have alsorevised the definition of aluminum boatto better distinguish aluminumrecreational boats from ships which aresubject to the ship building and repairsurface coating NESHAP (40 CFR part63, subpart II). The revised definitionstates that aluminum recreational boatsare intended by the manufacturer to beused primarily for pleasure and are builtindoors in a production linemanufacturing plant, rather thanoutdoors in a dry dock, graving dock, oron a marine railway.

The definitions of resins and gel coatshave been revised to address pigmentedresins and to clarify that pigmentedresins are subject to the emissionlimitations for laminating resins. Thedefinition of resin has been revised toindicate that resins include pigmentedresins that are used to encapsulate andbind together reinforcement fibers. Thedefinition of gel coat has been revisedto indicate that a gel coat layer does notcontain any reinforcing fibers, and gelcoats are applied directly to moldsurfaces or to a finished laminate.

V. Summary of Responses to MajorComments

This section presents a summary ofsignificant public comments andresponses. A summary of all the publiccomments that were received and EPA’sresponses to those comments can befound in Docket No. A–95–44.

A. Open Molding Operations

Comment: Several commentersrequested exemptions or higher HAPcontent limits for several differentspecialty applications of resin and gelcoat used in open molding operations.

One commenter requested anexemption that would allow them tocomply with the production resin HAPcontent limit of 35 percent, but useatomizing equipment (rather thannonatomizing equipment) to apply up to5 percent of total annual resin usage.Under the proposed NESHAP, a boatmanufacturer must meet a productionresin HAP content limit of 28 percentwhen using atomizing equipment, orcomply by emission averaging if usinga mix of atomizing and nonatomizingequipment.

A second commenter requested eithera higher HAP content limit or anexemption for high-strength or heat-

resistant resins. The commenter definedhigh-strength resins as those having atensile strength greater than 10,000pounds per square inch (psi) in clearcast form as measured by ASTM D638,and defined heat-resistant resins asthose having a heat deflectiontemperature greater than 212 °F (100 °C)in clear cast form as measured by ASTMD648.

A third commenter requested thatEPA either create a separate standardfor, or include an exemption for, the useof backup gel coat. According to thecommenter, backup gel coat is a blackgel coat that is applied behind the whiteexterior gel coat to provide a darkbackground, against which air trappedin the wet laminate can be more easilydetected and removed before thelaminate hardens. The commenterreported they use a backup gel coatcontaining 44 percent HAP.

Response: The EPA recognizes thatmany boat manufacturers havesituations in which they must usehigher HAP materials for specializedpurposes. In developing the NESHAP,we wanted to provide flexibility todeviate from the HAP content limits inthese specialized situations. At the sametime, it is impossible in the NESHAP tospecifically accommodate all thesituations in which a higher HAPmaterial is needed. Attempting to do socould also limit flexibility if a particularsituation requiring an exemption wasoverlooked and not accounted for in theNESHAP. Therefore, one of ourobjectives was to provide flexibility touse some higher HAP materials byadopting the averaging provisions andusing weighted-average HAP contents insetting the MACT for each operation.

The averaging provisions allow eachmanufacturer to select a mix of resinand gel coat products that is best fortheir operation and to use higher HAPproducts based on their unique needs,as long as the emission limits are met.The plant-wide weighted-average HAPcontent used in determining MACT alsoaccounts for the variation in HAPcontent among products used by asingle manufacturer.

Because of the flexibility provided bythe averaging options, the final NESHAPdo not contain any of the threeexemptions or higher HAP contentlimits requested by the commenters.Boat manufacturers that wish to applysome resin with atomizing equipmentmay use emissions averaging, ratherthan comply with the HAP content limitfor atomized resin applicationoperations.

The final standards do not exempthigh-strength or heat-resistant resinsfrom the HAP content limits. At least

one vinylester resin being used by boatmanufacturers meets both of theperformance criteria suggested by thecommenter and has an organic HAPcontent of 35 percent. (See Docket A–95–44). The resin has a tensile strengthof 10,560 psi, and a heat deflectiontemperature of 228.6 °F. Therefore, boatmanufacturers can still comply with theHAP content limits when using resinsthat must meet high-strength or heat-resistant specifications. Boatmanufacturers that wish to continue touse their current materials may alsoaverage these resins with other openmolding operations.

We do not believe an exemption orseparate HAP content limit is needed forbackup gel coats. According to the EPAdatabase and observations made duringsite visits to various boat manufacturers,the majority of boat manufacturers donot use these backup gel coats. Thoseboat manufacturers that choose to usebackup gel coats have the option ofaveraging these gel coats with other gelcoats or resin application operations todemonstrate compliance.

Comment: Two commenters askedEPA to exempt or establish a HAP limitof 48 percent for production resinmeeting military specifications, U.S.Coast Guard specifications for lifesavingequipment and small passenger vessels,Lloyd’s Register (LR) certificationcriteria, American Bureau of Shipping(ABS) certification criteria, or otherthird party material performancespecifications.

Response: The EPA database fromwhich the NESHAP were developedrepresents almost exclusivelyrecreational boat manufacturers. Wehave no data on resins used on boatsbuilt to military specifications or U.S.Coast Guard requirements. Therefore,production resins (including skin coatresins) are exempt from the productionresin HAP content limits when thoseresins must meet military specificationsor must be approved by the U.S. CoastGuard for use in life saving equipmentand small passenger vessels. However,the final NESHAP do require that theseresins be applied with nonatomized(non-spray) application equipment sincenonatomized resin application does notaffect resin performance.

Resins used on boats that are certifiedas meeting LR, ABS, or other third partystandards will not be exempt from theHAP content limits for productionresins. We have data indicating thatlaminates made with resins containing35 percent styrene can meet both LRand ABS performance specifications.(See Docket A–95–44.)

Comment: Several commenters askedEPA to exempt 100 percent vinylester



skin coat resins from the HAP contentlimits, or establish a higher HAP contentlimit for skin coat resins. Thecommenters stated that skin coat resin,which is applied between the gel coatlayer and the laminations on the bottomof the boat, is typically less than 5percent of total production resin used.The commenters stated that low-HAPresins, including blended polyester-vinylester resins, do not offer theosmotic blister resistance of 100 percentvinylester skin coat resins with HAPcontents of about 46 percent.

One commenter provided data to EPAcomparing the blister resistance of purevinylester resins to several blendedpolyester-vinylester resins inaccelerated testing conditions. None ofthe blended resins had the sameperformance as the pure vinylesterresins. According to the commenters,the pure vinylester resins are moreexpensive than the blended resins andare used only on larger boats that areintended to remain in the watercontinuously and that are removed onlyfor periodic maintenance.

The commenters also concluded thatusing low-HAP skin coats could causeincreased osmotic blistering to occur.Repairing osmotic blisters requirespeeling or grinding the damaged gel coatand resin layers from the boat bottomand applying new resin and gel coat.These repairs result in additionalstyrene emissions and solid waste, thusoffsetting the emission reductionbenefits of low-HAP skin coats.

Response: We evaluated the test datasubmitted and agree with theconclusions of the commenters. Thefinal rule exempts 100 percentvinylester resin used for skin coats fromthe production resin HAP contentrequirements. The resins eligible for theexemption will be limited to amaximum of 5 percent of the total resinused at each facility using theexemption. A facility using theexemption will need to maintainrecords of the amount of resin includedin the exemption. This 5 percent cap isconsistent with the amount of 100percent vinylester resin used at thecommenters’ facilities.

This exemption for 100 percentvinylester skin coat resins is consistentwith the results of the MACT analysis.The EPA database includes at least 13boat manufacturers that are using skincoat resins with an organic HAP contentof 35 percent or less. However, these areblended polyester-vinylester resins andare not pure vinylester resins. Inaddition, these blended resins are notused on boats in the size range on whichthe 100 percent vinylester resins areused. There are no facilities using a 100

percent vinylester resin with an organicHAP content of 35 percent.

B. Filled Tooling Resins

Comment: Several commentersrequested that the HAP content of filledtooling resin be determined ‘‘asapplied’’ rather than before the filler isadded. Alternatively, the commenterssuggested setting a separate MACTstandard for filled tooling resins orexempting filled tooling resins from anyHAP content limits. In the proposedNESHAP, the tooling resin HAP contentlimits were based on unfilled toolingresins. This approach would requireoperators to determine the HAP contentof the tooling resin before the filler isadded. According to the commenters,tooling resins to which filler will beadded must have a higher HAP contentto maintain a workable viscosity afterthe filler is added, but the HAP contentis lowered substantially by the filler.

Response: The MACT floor for toolingresins was based on the use of a low-HAP, unfilled resin. Recently, more boatmanufacturers have begun using filledtooling resins. We agree with thecommenters that compliance for filledresins (both tooling and production)should be determined on an as-appliedbasis, rather than based on the HAPcontent of the neat (unfilled) resinbefore filler is added. However, becausethe emissions from filled and unfilledresins are different, compliance cannotbe based on the HAP content of a filledresin. In a filled resin system, thepercent of available styrene emitted isnearly the same as in the neat unfilledresin before the filler is added. In otherwords, if a filled resin and unfilled resinhave the same HAP content on an as-applied basis, then the filled resinsystem will have higher HAP emissionsthan the unfilled resin because the filledresin has a higher styrene-to-resinpolymer ratio. Therefore, filled resinsmust be compared to the MACTstandard based on the MACT modelpoint value (kilogram of HAP permegagram of filled resin applied (kg/Mg)). This approach accounts fordifferences in both HAP content and theamount of filler added.

A facility using a filled resin wouldcalculate the MACT model point valuefor that resin based on the HAP contentof the unfilled (neat) resin. Thecalculated MACT model point valuewould then be multiplied by the weightfraction of resin in the filled resinsystem to calculate the kg of HAP perMg of filled resin applied. The finalNESHAP contain procedures forcalculating compliance for filled resinson an as-applied basis.

C. Standards for Closed Molding ResinOperations

Comment: Several commentersencouraged EPA to allow averagingbetween open and closed moldingoperations in cases where closedmolding replaced an existing openmolding operation. The commentersalso encouraged EPA to allow a facilityto average open and closed molding atnew sources, and at existing sourceswhere the closed molding was part of anexpansion that did not replace openmolding capacity. The commentersargued that allowing more averagingwould encourage the development ofclosed molding technology that wouldfurther reduce HAP emissions.

Response: In the preamble to theproposed NESHAP, we solicitedcomments on the feasibility of allowingemissions averaging between open andclosed molding operations in caseswhere the closed molding wasconsidered a replacement for existingopen molding operations. We receivedno comments that supported the legalfeasibility of such averaging. We havedecided that in the final NESHAP,closed molding operations will not beincluded in any averaging complianceoptions for either new or existingsources.

For the proposed NESHAP, weconsidered two options in determiningMACT for open and closed moldingoperations. First, we considereddetermining MACT for all moldingoperations combined, including bothopen and closed molding. Althoughopen and closed molding are differentproduction processes, in this option weconsidered closed molding to be simplya very good emission control techniquefor open molding. Under this option,MACT limits would be set based onusing a mix of open and closed molding.To comply, a facility could offset excessemissions from its open moldingoperations by using emission ‘‘credits’’generated by using a greater fraction ofclosed molding operations than requiredby the standard. However, determiningMACT by this method would result ina standard for existing sources thatwould be difficult, if not impossible, toachieve by sources that use only openmolding. Also, MACT for new sourceswould be nearly 100 percent closedmolding, which may not be achievableby most new sources. For these reasons,we did not determine MACT on acombined basis in the proposedNESHAP.

The second option we considered fordetermining MACT (and the one weproposed) was to treat open and closedmolding as separate processes with



separate standards. Industry agreed withthis position. We considered allowingemissions averaging under this option,but decided that averaging wouldprovide little, if any, advantage. Wehave insufficient data for establishingMACT model point values for thedifferent closed molding technologies.These MACT model point values wouldbe needed to compute emissionreductions for ‘‘over controlling’’ theclosed molding operations. Even if suchpoint values were established, it isunlikely that a source could achievesubstantial reductions beyond theclosed molding standard since closedmolding operations emit so little.

We concluded, therefore, thatemissions averaging at new and existingsources as requested by the commentersis not feasible. One method of allowingaveraging would provide very littlebenefit and the other method wouldcreate an unreasonably stringentstandard for sources that choose not tocomply by emissions averaging.

Although we are not allowingemissions averaging between open andclosed molding, we do encourage theuse of closed molding because of itslow-emitting nature. Even in theabsence of averaging, we believe thatthere can be other benefits of usingclosed molding, such as minimizedworker exposure, less recordkeepingand reporting, and the operationalflexibility to use materials with anyHAP content desired.

D. Standards for AluminumRecreational Boat Surface CoatingOperations

Comment: Two commenters requestedthat the MACT floor for aluminumrecreational boat wipedown solvents berecalculated using the total volume ofcoating solids (primers, clear coats, andtop coats) as a surrogate for the surfacearea to be cleaned. The commentersargued that the format of the NESHAPfor aluminum recreational boatwipedown solvents is inappropriatebecause it uses the solids volume fromthe first coat (aluminum primers andclear coats applied to bare aluminum) asa surrogate for the surface area of theboat being cleaned prior to coating.According to the commenters, the use ofthe first coat solids volume issignificantly more variable and biasesthe standard in favor of higher-solidsprimers. Therefore, the limit may not beachievable by facilities using lower-solids primers. According to thecommenters, using the total volume ofcoating solids as a surrogate for surfacearea to be cleaned is more appropriatesince the dry film thickness of thecomplete system is generally more

uniform than that of primers and clearcoats.

The commenters also asked EPA toallow facilities to average emissionsbetween aluminum recreational boatsurface preparation and coatingoperations by adopting a single HAPcontent limit for the combinedoperations. The commenters argued thatthis flexibility would helpmanufacturers meet the aluminumwipedown solvent and coatingoperation standards. They also notedthat surface preparation, primers, andtopcoats are often parts of a singlecoating system. The commentersestimated that the MACT floor based oncombined emissions calculated at eachfacility would be equal to 1.87 kg HAPper liter of coating solids.

Response: We agree with thecommenters that the total volume solidsof primers, clear coats, and top coats isa better surrogate for total surface areathan the volume solids of primer andclear coats applied to bare aluminum.We originally used primers and clearcoats as a surrogate to reduce biasintroduced by facilities that use morethan a single color and apply multiplelayers in the top coats. However, asnoted by the commenters, the biasintroduced by multiple top coat layersis less than the bias introduced byvariability in the solids content ofprimers and clear coats.

To develop the combined emissionlimit, we have calculated the mass ofHAP from aluminum wipedownsolvents consumed per volume of totalcoating solids for the aluminumrecreational boat manufacturingfacilities in the EPA database. Based onthis format, the MACT floor facility hasa weighted-average HAP consumptionrate of 0.33 kg organic HAP per liter ofcoating solids, including primers, clearcoats, and topcoats.

We agree that allowing averaging orcomplying with a single HAP emissionlimit for these combined operations willprovide greater flexibility and simplifycompliance for boat manufacturers. Inthe final NESHAP, boat manufacturersmay comply with either a single limitfor combined operations or individuallimits for wipedown solvents andcoatings.

The combined HAP content limit forwipedown solvents and surface coatingoperations was derived as the sum ofthe separate limits for wipedownsolvents and aluminum coatings. Thelimit for wipedown solvents is 0.33 kgorganic HAP per liter coating solids andfor aluminum coatings is 1.22 kg organicHAP per liter of coating solids. Thecombined limit is 1.55 kg organic HAPper liter of coating solids. This

combined limit is more stringent thanthe limit estimated by the commenters(1.87 kg organic HAP per liter coatingsolids) because we performed separateMACT analyses for wipedown solventsand aluminum coatings. We performedseparate analyses, rather than a MACTanalysis for the combined emissions ateach facility, because we disagree thatthe wipedown solvent is part of acoating system. We reviewed the dataon coatings and aluminum wipedownsolvents and noted that different boatmanufacturers using the same coatingsystem from the same supplier oftenused different aluminum wipedownsolvents.

E. Methods for Determining HazardousAir Pollutant Content

Comment: Several commenters askedEPA to clarify that compliance with theHAP content limits for gel coat is basedonly on organic HAP content andshould not include inorganic HAPincluded as metal pigments becausethese metal pigments are not emittedduring application or curing.

Response: We did not consider metalpigments in determining the HAPcontent limits for gel coats, and weagree that they are not emitted from thegel coat operations. Therefore, § 63.5758of the final rule clarifies that HAPcontent includes organic HAP only anddoes not include inorganic HAP.

Comment: One commenter asked EPAto allow the use of less expensivemethods ASTM D1644–88 (StandardTest Method for Nonvolatile Content ofVarnishes) and ASTM D1259–85(Standard Test Method for NonvolatileContent of Resins), in addition to EPAMethod 311, to demonstrate compliancewith HAP content limits. The ASTMmethods do not directly measure theHAP content and instead measurevolatile organic matter.

Response: We agree that facilityowners and operators should be allowedto demonstrate compliance with theHAP content limits using the ASTMD1259–85, but we do not see the utilityof ASTM D1644–88. We are notregulating varnishes, and we areallowing in the final NESHAP the use ofASTM D1259–85 for resins and gelcoatsand EPA Method 24 for coatings, whichare weight-loss methods similar toASTM D1644–88. We are allowing theuse of ASTM D1259–85 because it tendsto overestimate HAP content, comparedto EPA Method 311, since it measuresall volatile species and not just HAP.Likewise, the final NESHAP also allowthe use of EPA Method 24 to measurevolatile organic compound content as asurrogate for HAP.



Comment: One commenter asked thatEPA ensure that the MACT standardsreflect the high end of the HAP contentranges reported in the MSDS collectedby EPA through the industry survey. Inaddition, if an MSDS offered a singleHAP content value, the commenterasked EPA to ensure that themanufacturer did not allow the value tofluctuate above the value reported in theMSDS. For example, an MSDS providedby the commenters for a production gelcoat reports the combined styrene andMMA content is 36.4 percent, but notesthat these values are target formulavalues and ‘‘actual batch concentrationswill vary within limits consistent withseparately established productspecifications.’’

Response: In selecting the HAPcontent limits for all operationsregulated by the proposed NESHAP, wealways used the upper limit of the rangefor reported HAP content values.Therefore, we are confident that theproposed HAP content limits areachievable.

However, we agree that some materialmanufacturers and suppliers report ontheir MSDS the ‘‘target’’ value for aconstituent and actual values may varyfrom the target value by plus or minus2 percentage points. Since the standardsare based on these same data, thestandards should account for thisvariation between actual and reportedvalues. Therefore, § 63.5758 of the finalNESHAP includes a provision that if aHAP content measured using themethods specified in the NESHAP iswithin 2 percentage points of thereported target value, you may use thereported value for demonstratingcompliance. Otherwise, you must usethe measured value to demonstratecompliance.

F. Notifications, Reports, and RecordsComment: Several commenters asked

EPA to allow compliance with thestandards to be demonstrated based ona 12-month rolling average instead of a3-month rolling average. They arguedthat this is consistent with the typicalrecordkeeping and reporting obligationsin most title V permits. In addition,many facilities experience seasonalvariations in production and moldconstruction that may require them touse higher HAP materials for severalmonths at a time. A 3-month averagingperiod would not allow them to offsetthese higher emissions with loweremissions during the rest of the year.

Response: We agree with thecommenters, and the final NESHAPallow compliance to be demonstrated ona 12-month rolling average basis, ratherthan a 3-month rolling average basis for

sources that are not using an add-oncontrol device. For sources using anadd-on control device, compliance isbased on continuous parametermonitoring.

G. Pollution Prevention

Comment: One commenter asked EPAto include provisions by which a facilityalready subject to the rule could becomeexempt by employing pollutionprevention measures that are at leastequivalent to MACT and that make thesource physically incapable of being amajor source. According to thecommenter, EPA policy is that a sourcethat is a major source on the compliancedate for a rule is always subject to arule, even if it adopts process changesor pollution prevention strategies thatmake it physically impossible to emit atgreater than the major source threshold.According to the commenter, EPA’s‘‘once in, always in’’ policy discouragesfacilities from adopting pollutionprevention strategies that could achievesignificant emission reductions.

Response: The EPA, throughdiscussion with State and Territorial AirPollution Program Administrators andthe Association of Local Air PollutionControl Officials, has reached a tentativesolution that will require changes in theNESHAP General Provisions (40 CFRpart 63, subpart A) or individual MACTrules, rather than a change in the EPApolicy on ‘‘Once-In-Always-In.’’ (See theMay 16, 1995 memorandum on‘‘Potential to Emit’’ from John Seitz tothe EPA Regional Administrators,available on the World Wide Web athttp://www.epa.gov/ttn/oarpg.) We havebeen working to develop regulatoryoptions that would allow qualifyingsources to satisfy the MACTrequirements through innovative,streamlined approaches, if, after asource achieves compliance with anapplicable MACT rule, they achieveHAP emission reductions equivalent toor better than MACT levels of controlthrough pollution prevention measures.The regulatory options underconsideration for the final solution willinclude components that meet the legalrequirements of the CAA and stillresolve the issues regarding pollutionprevention. Once we reach a finalsolution, we plan to develop rulelanguage to propose to amend either theNESHAP General Provisions or existingMACT rules. We project proposing theseamendments later in 2001.

VI. Administrative Requirements

A. Executive Order 12866: RegulatoryPlanning and Review

Under Executive Order 12866 (58 FR51735, October 4, 1993), we mustdetermine whether a final regulatoryaction is ‘‘significant’’ and thereforesubject to Office of Management andBudget (OMB) review and therequirements of the Executive Order.The order defines ‘‘significantregulatory action’’ as one that is likelyto result in a rule that may:

(1) Have an annual effect on theeconomy of $100 million or more, oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

Pursuant to the terms of ExecutiveOrder 12866, it has been determinedthat today’s final rule is not a‘‘significant regulatory action’’ becauseit will not have an annual effect on theeconomy of $100 million or more and istherefore not subject to OMB review.

B. Executive Order 13132, FederalismExecutive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,1999), requires EPA to develop anaccountable process to ensure‘‘meaningful and timely input by Stateand local officials in the development ofregulatory policies that have federalismimplications.’’ ‘‘Policies that havefederalism implications’’ is defined inthe Executive Order to includeregulations that have ‘‘substantial directeffects on the States, on the relationshipbetween the national government andthe States, or on the distribution ofpower and responsibilities among thevarious levels of government.’’ UnderExecutive Order 13132, EPA may notissue a regulation that has federalismimplications, that imposes substantialdirect compliance costs, and that is notrequired by statute, unless the Federalgovernment provides the fundsnecessary to pay the direct compliancecosts incurred by State and localgovernments, or EPA consults withState and local officials early in theprocess of developing the rule. The EPA



also may not issue a regulation that hasfederalism implications and thatpreempts State law unless the Agencyconsults with State and local officialsearly in the process of developing therule.

If EPA complies by consulting,Executive Order 13132 requires EPA toprovide to the OMB, in a separatelyidentified section of the preamble to therule, a federalism summary impactstatement (FSIS). The FSIS must includea description of the extent of EPA’sprior consultation with State and localofficials, a summary of the nature oftheir concerns and EPA’s positionsupporting the need to issue theregulation, and a statement of the extentto which the concerns of State and localofficials have been met. Also, when EPAtransmits a final rule with federalismimplications to OMB for reviewpursuant to Executive Order 12866, EPAmust include a certification from itsfederalism official stating that EPA hasmet the requirements of Executive Order13132 in a meaningful and timelymanner.

Today’s final rule will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132. No boatmanufacturing facilities subject to thefinal rule are owned by State or localgovernments. Therefore, State and localgovernments will not have any directcompliance costs resulting from thisfinal rule. Furthermore, EPA is directedto develop the final rule by section 112of the CAA. Thus, the requirements ofsection 6 of the Executive Order do notapply to this final rule.

C. Executive Order 13175, Consultationand Coordination With Indian TribalGovernments

Executive Order 13175, entitled‘‘Consultation and Coordination withIndian Tribal Governments’’ (65 FR67249, November 6, 2000), requires EPAto develop an accountable process toensure ‘‘meaningful and timely input bytribal officials in the development ofregulatory policies that have tribalimplications.’’ ‘‘Policies that have tribalimplications’’ is defined in theExecutive Order to include regulationsthat have ‘‘substantial direct effects onone or more Indian tribes, on therelationship between the Federalgovernment and the Indian tribes, or onthe distribution of power andresponsibilities between the Federalgovernment and Indian tribes.’’

This final rule does not have tribalimplications. It will not have substantialdirect effects on tribal governments, onthe relationship between the Federalgovernment and Indian tribes, or on thedistribution of power andresponsibilities between the Federalgovernment and Indian tribes, asspecified in Executive Order 13175.Thus, Executive Order 13175 does notapply to this rule.

D. Executive Order 13045, Protection ofChildren From Environmental HealthRisks and Safety Risks

Executive Order 13045, ‘‘Protection ofChildren from Environmental HealthRisks and Safety Risks’’ (62 FR 19885,April 23, 1997) applies to any rule that:(1) is determined to be ‘‘economicallysignificant’’ as defined under ExecutiveOrder 12866, and (2) concerns anenvironmental health or safety risk thatEPA has reason to believe may have adisproportionate effect on children. Ifthe regulatory action meets both criteria,EPA must evaluate the environmentalhealth or safety effects of the plannedrule on children, and explain why theplanned regulation is preferable to otherpotentially effective and reasonablyfeasible alternatives considered by EPA.

The EPA interprets Executive Order13045 as applying only to thoseregulatory actions that are based onhealth or safety risks, such that theanalysis required under section 5–501 ofthe Executive Order has the potential toinfluence the regulation. Today’s finalrule is not subject to Executive Order13045 because it establishes anenvironmental standard based ontechnology, not health or safety risk. Nochildren’s risk analysis was performedbecause no alternative technologiesexist that would provide greaterstringency at a reasonable cost.Furthermore, today’s final rule has beendetermined not to be ‘‘economicallysignificant’’ as defined under ExecutiveOrder 12866.

E. Unfunded Mandates Reform Act of1995

Title II of the Unfunded MandatesReform Act of 1995 (UMRA), PublicLaw 104–4, establishes requirements forFederal agencies to assess the effects oftheir regulatory actions on State, local,and tribal governments and the privatesector. Under section 202 of the UMRA,EPA must generally prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures to State, local,and tribal governments, in the aggregate,or to the private sector, of $100 millionor more in any 1 year. Before

promulgating an EPA rule for which awritten statement is needed, section 205of the UMRA generally requires EPA toidentify and consider a reasonablenumber of regulatory alternatives andadopt the least-costly, most cost-effective, or least-burdensomealternative that achieves the objectivesof the rule. The provisions of section205 do not apply when they areinconsistent with applicable law.Moreover, section 205 allows EPA toadopt an alternative other than the least-costly, most cost-effective, or least-burdensome alternative if theAdministrator publishes with the finalrule an explanation why that alternativewas not adopted. Before EPA establishesany regulatory requirements that maysignificantly or uniquely affect smallgovernments, including tribalgovernments, we must have developedunder section 203 of the UMRA a smallgovernment agency plan. The plan mustprovide for notifying potentiallyaffected small governments, enablingofficials of affected small governmentsto have meaningful and timely input inthe development of EPA regulatoryproposals with significant Federalintergovernmental mandates, andinforming, educating, and advisingsmall governments on compliance withthe regulatory requirements.

The EPA has determined that this ruledoes not contain a Federal mandate thatmay result in expenditures of $100million or more by State, local, andtribal governments, in the aggregate, orthe private sector in any 1 year. Thetotal cost to the private sector isapproximately $14 million per year.This final rule contains no mandatesaffecting State, local, or Tribalgovernments. Thus, today’s final rule isnot subject to the requirements ofsections 202 and 205 of the UMRA.

We have determined that this finalrule contains no regulatoryrequirements that might significantly oruniquely affect small governmentsbecause it contains no requirements thatapply to such governments or imposeobligations upon them.

F. Regulatory Flexibility Act (RFA) asAmended by the Small BusinessRegulatory Enforcement Fairness Act of1996 (SBREFA), 5 U.S.C. 601, et seq.

The RFA generally requires us to givespecial consideration to the effect ofFederal regulations on small entitiesand to consider regulatory options thatmight mitigate any such impacts. Wemust prepare a regulatory flexibilityanalysis unless we determine that therule will not have a ‘‘significanteconomic impact on a substantialnumber of small entities.’’ Small entities



include small businesses, smallorganizations, and small governmentaljurisdictions.

For the purposes of assessing theimpacts of today’s final rule on smallentities, a small entity is defined as: (1)A small business whose parentcompany has fewer than 500 employees;(2) a small governmental jurisdictionthat is a government of a city, county,town, school district or special districtwith a population of less than 50,000; or(3) a small organization that is ‘‘any not-for-profit enterprise which isindependently owned and operated andis not dominant in its field.’’

We have determined that 66 out of the2,307 small firms in the industry (2.9percent) may be affected by this finalrule. In a screening of impacts on thesesmall firms, we found that 47 firms havecosts that comprise less than 1 percentof firm revenues, and 19 firms haveestimated compliance costs that exceed1 percent of their revenues. Based onavailable data of industry profitmargins, the average return on sales forthe industry is 3.4 percent. Of the 19firms with costs greater than 1 percentof revenues, only one firm is estimatedto experience costs exceeding 3 percentof revenues. Thus, reviewing the rangeof costs to be borne by small businessesin light of the 3.4 percent profit marginstypical of this industry, the Agency hasdetermined the costs are typically smalland, overall, do not constitute asignificant impact on a substantialnumber of small businesses. In addition,this final rule is likely to also increaseprofits at the 2,241 small firms that arenot affected by the final rule due to thevery slight increase in market prices.The economic impacts are summarizedin section III.G. of this document and in

the economic impact analysis containedin Docket No. A–95–44.

Although this final rule will not havea significant economic impact on asubstantial number of small entities,EPA has tried to reduce the impact ofthis final rule on small entities. We havemet with ten of these small firms andtheir trade association. They have beenfully involved in this rulemaking, andtheir concerns have been considered inthe development of this final rule. Indeveloping these final standards, wehave provided the maximum degree offlexibility to minimize impacts on smallbusinesses by providing severaldifferent compliance options, several ofwhich require a minimum amount ofrecordkeeping and reporting. Also, thesefinal standards, which are based onMACT floor level control technology,reflect the minimum level of controlallowed under the CAA. Smallbusinesses that are subject to the finalrule will not be systematically impactedmore than larger operations.

Pursuant to the provisions of 5 U.S.C.605(b), we have determined that thisfinal rule will not have a significanteconomic impact on a substantialnumber of small entities.

G. Paperwork Reduction ActThe information collection

requirements in today’s final rule havebeen submitted for approval to the OMBunder the Paperwork Reduction Act, 44U.S.C. 3501 et seq. An ICR documenthas been prepared by EPA (ICR No.1966.02) and a copy may be obtainedfrom Sandy Farmer by mail at the U.S.EPA, Office of EnvironmentalInformation, Collection StrategiesDivision (2822), 1200 PennsylvaniaAvenue NW, Washington, DC 20460, bye-mail at [email protected], or bycalling (202) 260–2740. A copy may also

be downloaded off the internet at http://www.epa.gov/icr. The informationrequirements are not effective untilOMB approves them.

The final rule contains monitoring,reporting, and recordkeepingrequirements. The required notices andreports are the minimum needed by usto determine who is subject to theNESHAP and whether you are incompliance. The final recordkeepingrequirements are the minimumnecessary to determine initial andongoing compliance. Based on reportedinformation, we would decide whichboat manufacturers and what records orprocesses should be inspected. Therecordkeeping and reportingrequirements are consistent with thegeneral provisions of 40 CFR part 63.

These recordkeeping and reportingrequirements are specifically authorizedby section 114 of the CAA (42 U.S.C.7414). All information submitted to usfor which a claim of confidentiality ismade will be safeguarded according toour policies in 40 CFR part 2, subpartB.

The EPA expects the final rule toaffect a total of 134 boat manufacturingfacilities over the first 3 years. The EPAassumes that five new boatmanufacturing facilities will becomesubject to the final rule during each ofthe first 3 years. The EPA expects 119existing facilities to be affected by thefinal rule, and these existing facilitieswill begin complying in the third year.

The estimated average annual burdenfor the first 3 years after promulgationof the final rule for industry and theimplementing agency is outlined below.You can find the details of thisinformation collection in the ‘‘StandardForm 83 Supporting Statement for ICRNo. 1966.02,’’ in Docket No. A–95–44.

Affected entity Total hours Labor costs Capital costsOperating andmaintenance

costsTotal costs

Industry ................................................................................ 10,343 635,526 0 895 636,421Implementing agency ........................................................... 2,456 141,073 0 0 141,073

The EPA estimates that there are nocapital or startup costs for these newfacilities because they are expected tocomply by limiting the HAP content ofmaterials. The implementing agencywould not incur any capital or startupcosts.

Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,

acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection of

information; and transmit or otherwisedisclose the information.

An agency may not conduct orsponsor, and a person is not required torespond to a collection of informationunless it displays a currently valid OMBcontrol number. Control numbers forEPA’s regulations are listed in 40 CFRpart 9 and 48 CFR chapter 15. When theOMB approves the informationcollection requirements of the final rule,the EPA will amend the table in 40 CFRpart 9 of currently approved ICR control



numbers issued by OMB for variousregulations.

H. National Technology Transfer andAdvancement Act

Section 12(d) of the NationalTechnology Transfer and AdvancementAct (NTTAA) of 1995 (Public Law No.104–113; 15 U.S.C. 272 note) directs theEPA to use voluntary consensusstandards in their regulatory andprocurement activities unless to do sowould be inconsistent with applicablelaw or otherwise impractical. Voluntaryconsensus standards are technicalstandards (e.g., materials specifications,test methods, sampling procedures,business practices) developed oradopted by one or more voluntaryconsensus bodies. The NTTAA directsEPA to provide Congress, throughannual reports to OMB, withexplanations when an agency does notuse available and applicable voluntaryconsensus standards.

This rulemaking involves technicalstandards. The EPA cites the followingstandards in this rule: EPA Methods 1,1A, 2, 2A, 2C, 2D, 2F, 2G, 18, 24, 25A,204, and 311. Consistent with theNTTAA, EPA conducted searches toidentify voluntary consensus standardsin addition to these EPA methods. Noapplicable voluntary consensusstandards were identified for EPAMethods 1A, 2A, 2D, 2F, 2G, 204, and311. The search and review results havebeen documented and are placed in thedocket (Docket No. A–95–44) for thisrule.

Two voluntary consensus standardsare cited in this rule for determining thevolume solids content of coatings. Thesetwo standards are ASTM D2697–86(Reapproved 1998), ‘‘Standard TestMethod for Volume Nonvolatile Matterin Clear or Pigmented Coatings’’ andASTM D6093–97, ‘‘Standard TestMethod for Percent Volume NonvolatileMatter in Clear or Pigmented CoatingsUsing a Helium Gas Pycnometer.’’ Thesestandards fill a void in EPA Method 24which directs that volume solidscontent be calculated from the coatingmanufacturer’s formulation. Today’srule does allow for the use of volumesolids content values calculated fromthe coating manufacturer’s formulation;however, test results will takeprecedence if they do not agree withcalculated values.

We are also citing the voluntaryconsensus standard ASTM D1259–85,‘‘Standard Test Method for NonvolatileContent of Resins,’’ as an acceptablemethod to measure the volatile mattercontent of resins and gel coats for openmolding operations, to be used as asubstitute for organic HAP content.

Six voluntary consensus standards:ASTM D1475–90, ASTM D2369–95,ASTM D3792–91, ASTM D4017–96a,ASTM D4457–85 (Reapproved 91), andASTM D5403–93 are alreadyincorporated by reference in EPAMethod 24. Five voluntary consensusstandards: ASTM D1979–91, ASTMD3432–89, ASTM D4747–87, ASTMD4827–93, and ASTM PS9–94 areincorporated by reference in EPAMethod 311. In addition, we areseparately specifying the use of ASTMD1475–90, ‘‘Standard Test Method forDensity of Liquid Coatings, Inks, andRelated Products,’’ for measuring theaverage density of volatile matter in thecoating.

The voluntary consensus standardASTM D6420–99, ‘‘Standard TestMethod for Determination of GaseousOrganic Compounds by Direct InterfaceGas Chromatography-MassSpectrometry (GC/MS),’’ is appropriatein the cases described below forinclusion in this rule in addition to EPAMethod 18 codified at 40 CFR part 60,appendix A.

Similar to EPA’s performance-basedMethod 18, ASTM D6420–99 is also aperformance-based method formeasurement of gaseous organiccompounds. However, ASTM D6420–99was written to support the specific useof highly portable and automated GC/MS. While offering advantages over thetraditional Method 18, the ASTMmethod does allow some less stringentcriteria for accepting GC/MS resultsthan required by Method 18. Therefore,ASTM D6420–99 is a suitablealternative to Method 18 only where: (1)the target compound(s) are those listedin Section 1.1 of ASTM D6420–99, and(2) the target concentration is between150 parts per billion by volume and 100parts per million by volume.

For target compound(s) not listed inTable 1.1 of ASTM D6420–99, butpotentially detected by massspectrometry, the rule specifies that theadditional system continuing calibrationcheck after each run, as detailed inSection 10.5.3 of the ASTM method,must be followed, met, documented,and submitted with the data report evenif there is no moisture condenser usedor the compound is not consideredwater soluble. For target compound(s)not listed in Table 1.1 of ASTM D6420–99, and not amenable to detection bymass spectrometry, ASTM D6420–99does not apply.

In addition to the voluntaryconsensus standards EPA will use inthis rule, the search for emissionsmeasurement procedures identified 12other voluntary consensus standards.The EPA determined that nine of these

12 standards identified for measuringemissions of the HAP or surrogatessubject to emission standards in thisrule were impractical alternatives toEPA test methods for the purposes ofthis rule. Therefore, the EPA does notintend to adopt these standards.

Three of the 12 voluntary consensusstandards identified in this search werenot available at the time the review wasconducted for the purposes of this rulebecause they are under development bya voluntary consensus body: ASME/BSRMFC 13M, ‘‘Flow Measurement byVelocity Traverse,’’ for EPA Method 2(and possibly 1); ASME/BSR MFC 12M,‘‘Flow in Closed Conduits UsingMultiport Averaging Pitot PrimaryFlowmeters,’’ for EPA Method 2; andISO/PWI 17895, ‘‘Paints and Varnishes-Determination of the Volatile OrganicCompound Content of Water-basedEmulsion Paints,’’ for EPA Method 24.

Sections 63.5719 and 63.5758 tosubpart VVVV list the EPA testingmethods included in the rule. Under§ 63.8, a source may apply to EPA forpermission to use alternative monitoringin place of any of the EPA testingmethods.

I. Congressional Review ActThe Congressional Review Act, 5

U.S.C. 801 et seq., as added by theSBREFA, generally provides that beforea rule may take effect, the agencypromulgating the rule must submit arule report, which includes a copy ofthe rule, to each House of the Congressand to the Comptroller General of theUnited States. The EPA will submit areport containing this final rule andother required information to the U.S.Senate, the U.S. House orRepresentatives, and the ComptrollerGeneral of the United States, prior topublication of the final rule in theFederal Register. A major rule cannottake effect until 60 days after it ispublished in the Federal Register. Thisaction is not a ‘‘major rule’’ as definedby 5 U.S.C. 804(2), and therefore, will beeffective on August 22, 2001.

J. Executive Order 13211 (EnergyEffects)

This rule is not subject to ExecutiveOrder 13211, ‘‘Actions ConcerningRegulations That Significantly AffectEnergy Supply, Distribution, or Use’’ (66FR 28355 (May 22, 2001)) because it isnot a significant regulatory action underExecutive Order 12866.

List of Subjects in 40 CFR Part 63Environmental protection, Air

pollution control, Hazardous airpollutants, Incorporation by reference,Reporting and recordkeeping



requirements, Volatile organiccompounds.

Dated: August 14, 2001.Christine Todd Whitman,Administrator.

For the reasons stated in thepreamble, title 40, chapter I, part 63 ofthe Code of Federal Regulations isamended as follows:

PART 63—[AMENDED]

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

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

2. Part 63 is amended by addingsubpart VVVV to read as follows:

Subpart VVVV—National EmissionStandards for Hazardous Air Pollutantsfor Boat Manufacturing

Sec.

What the Subpart Covers

63.5680 What is the purpose of thissubpart?

63.5683 Does this subpart apply to me?63.5686 How do I demonstrate that my

facility is not a major source?63.5689 What parts of my facility are

covered by this subpart?63.5692 How do I know if my boat

manufacturing facility is a new source oran existing source?

63.5695 When must I comply with thissubpart?

Standards for Open Molding Resin and GelCoat Operations

63.5698 What emission limit must I meetfor open molding resin and gel coatoperations?

63.5701 What are my options for complyingwith the open molding emission limit?

63.5704 What are the general requirementsfor complying with the open moldingemission limit?

63.5707 What is an implementation plan foropen molding operations and when do Ineed to prepare one?

63.5710 How do I demonstrate complianceusing emissions averaging?

63.5713 How do I demonstrate complianceusing compliant materials?

63.5714 How do I demonstrate complianceif I use filled resins?

Demonstrating Compliance for OpenMolding Operations Controlled by Add-onControl Devices

63.5715 What operating limits must I meet?63.5716 When must I conduct a

performance test?63.5719 How do I conduct a performance

test?63.5722 How do I use the performance test

data to demonstrate initial compliance?63.5725 What are the requirements for

monitoring and demonstratingcontinuous compliance?

Standards for Closed Molding ResinOperations63.5728 What standards must I meet for

closed molding resin operations?

Standards for Resin and Gel Coat MixingOperations63.5731 What standards must I meet for

resin and gel coat mixing operations?

Standards for Resin and Gel CoatApplication Equipment Cleaning Operations63.5734 What standards must I meet for

resin and gel coat application equipmentcleaning operations?

63.5737 How do I demonstrate compliancewith the resin and gel coat applicationequipment cleaning standards?

Standards for Carpet and Fabric AdhesiveOperations63.5740 What emission limit must I meet

for carpet and fabric adhesiveoperations?

Standards for Aluminum Recreational BoatSurface Coating Operations63.5743 What standards must I meet for

aluminum recreational boat surfacecoating operations?

63.5746 How do I demonstrate compliancewith the emission limits for aluminumwipedown solvents and aluminumcoatings?

63.5749 How do I calculate the organicHAP content of aluminum wipedownsolvents?

63.5752 How do I calculate the organicHAP content of aluminum recreationalboat surface coatings?

63.5753 How do I calculate the combinedorganic HAP content of aluminumwipedown solvents and aluminumrecreational boat surface coatings?

63.5755 How do I demonstrate compliancewith the aluminum recreational boatsurface coating spray gun cleaning workpractice standards?

Methods for Determining Hazardous AirPollutant Content63.5758 How do I determine the organic

HAP content of materials?

Notifications, Reports, and Records63.5761 What notifications must I submit

and when?63.5764 What reports must I submit and

when?63.5767 What records must I keep?63.5770 In what form and for how long

must I keep my records?

Other Information You Need To Know

63.5773 What parts of the GeneralProvisions apply to me?

63.5776 Who implements and enforces thissubpart?

Definitions

63.5779 What definitions apply to thissubpart?

Tables to Subpart VVVV

Table 1 to Subpart VVVV—Compliance Datesfor New and Existing BoatManufacturing Facilities

Table 2 to Subpart VVVV—Alternative HAPContent Requirements for Open MoldingResin and Gel Coat Operations

Table 3 to Subpart VVVV—MACT ModelPoint Value Formulas for Open MoldingOperations

Table 4 to Subpart VVVV—Operating LimitsIf Using an Add-on Control Device forOpen Molding Operations

Table 5 to Subpart VVVV—Default OrganicHAP Contents of Solvents and SolventBlends

Table 6 to Subpart VVVV—Default OrganicHAP Contents of Petroleum SolventGroups

Table 7 to Subpart VVVV—Applicability andTiming of Notifications

Table 8 to Subpart VVVV—Applicability ofGeneral Provisions (40 CFR Part 63,Subpart A) to Subpart VVVV

What the Subpart Covers

§ 63.5680 What is the purpose of thissubpart?

(a) This subpart establishes nationalemission standards for hazardous airpollutants (HAP) for new and existingboat manufacturing facilities with resinand gel coat operations, carpet andfabric adhesive operations, or aluminumrecreational boat surface coatingoperations. This subpart also establishesrequirements to demonstrate initial andcontinuous compliance with theemission standards.

§ 63.5683 Does this subpart apply to me?

(a) This subpart applies to you if youmeet both of the criteria listed inparagraphs (a)(1) and (2) of this section.

(1) You are the owner or operator ofa boat manufacturing facility that buildsfiberglass boats or aluminumrecreational boats.

(2) Your boat manufacturing facility isa major source of HAP either in and ofitself, or because it is collocated withother sources of HAP, such that allsources combined constitute a majorsource.

(b) A boat manufacturing facility is afacility that manufactures hulls or decksof boats from fiberglass or aluminum, orassembles boats from premanufacturedhulls and decks, or builds molds tomake fiberglass hulls or decks. A facilitythat manufactures only parts of boats(such as hatches, seats, or lockers) orboat trailers is not considered a boatmanufacturing facility for the purpose ofthis subpart.

(c) A major source is any stationarysource or group of stationary sourceslocated within a contiguous area andunder common control that emits or canpotentially emit, considering controls,in the aggregate, 9.1 megagrams (10tons) or more per year of a single HAPor 22.7 megagrams (25 tons) or more peryear of a combination of HAP.



(d) This subpart does not apply toaluminum coating operations onaluminum boats intended forcommercial or military(nonrecreational) use, antifoulantcoatings, assembly adhesives, fiberglasshull and deck coatings, research anddevelopment activities, mold sealingand release agents, mold stripping andcleaning solvents, and wood coatings asdefined in § 63.5779. This subpart doesnot apply to materials contained inhandheld aerosol cans.

§ 63.5686 How do I demonstrate that myfacility is not a major source?

You can demonstrate that your facilityis not a major source by using theprocedures in either paragraph (a) or (b)of this section.

(a) Emission option. You mustdemonstrate that your facility does notemit, and does not have the potential toemit as defined in § 63.2, consideringfederally enforceable permit limits, 9.1megagrams (10 tons) or more per year ofa single HAP or 22.7 megagrams (25tons) or more per year of a combinationof HAP. To calculate your facility’spotential to emit, you must includeemissions from the boat manufacturingfacility and all other sources that arecollocated and under commonownership or control with the boatmanufacturing facility.

(b) Material consumption option. Thisoption can be used if you manufactureeither fiberglass boats or aluminumrecreational boats at your facility. Youmust meet the criteria in paragraph(b)(1), (2), or (3) of this section andcomply with the requirements inparagraph (c) of this section. If youinitially rely on the limits and criteriaspecified in paragraph (b)(1), (2), or (3)of this section to become an area source,but then exceed the relevant limit(without first obtaining and complyingwith other limits that keep yourpotential to emit HAP below majorsource levels), your facility will thenbecome a major source, and you mustcomply with all applicable provisions ofthis subpart beginning on thecompliance date specified in § 63.5695.Nothing in this paragraph is intended topreclude you from limiting yourfacility’s potential to emit through otherfederally enforceable mechanismsavailable through your permittingauthority.

(1) If your facility is primarily afiberglass boat manufacturing facility,you must demonstrate that you consumeless than 45.4 megagrams per rolling 12-month period of all combined polyester-and vinylester-based resins and gelcoats (including tooling and productionresins and gel coats, and clear gel coats),

and you must demonstrate that at least90 percent of total annual HAPemissions at the facility (includingemissions from aluminum recreationalboat manufacturing or other sourcecategories) originate from the fiberglassboat manufacturing materials.

(2) If your facility is primarily analuminum recreational boatmanufacturing facility, you mustdemonstrate that it consumes less than18.2 megagrams per rolling 12-monthperiod of all combined surface coatings,aluminum wipedown solvents,application gun cleaning solvents, andcarpet and fabric adhesives; and youmust demonstrate that at least 90percent of total annual HAP emissionsat the facility (including emissions fromfiberglass boat manufacturing or othersource categories) originate from thealuminum recreational boatmanufacturing materials.

(3) If your facility is a fiberglass boator an aluminum recreational boatmanufacturing facility, you mustdemonstrate that the boat manufacturingmaterials consumed per rolling 12-month period contain a total of less than4.6 megagrams of any single HAP andless than 11.4 megagrams of allcombined HAP, and you mustdemonstrate that at least 90 percent oftotal annual HAP emissions at thefacility (including emissions from othersource categories) originate from theseboat manufacturing materials.

(c) If you use the materialconsumption option described inparagraph (b) of this section todemonstrate that you are not a majorsource, you must comply with therequirements of paragraphs (c)(1)through (3) of this section.

(1) If your facility has HAP emissionsthat do not originate from boatmanufacturing operations or materialsdescribed in paragraph (b), then youmust keep any records necessary todemonstrate that the 90 percentcriterion is met.

(2) A rolling 12-month periodincludes the previous 12 months ofoperation. You must maintain records ofthe total amount of materials describedin paragraph (b) of this section usedeach month, and, if necessary, the HAPcontent of each material and thecalculation of the total HAP consumedeach month. Because records are neededfor a 12-month period, you must keeprecords beginning no later than 12months before the compliance datespecified in § 63.5695. Records must bekept for 5 years after they are created.

(3) In determining whether the 90percent criterion included in paragraph(b) of this section is met, you do notneed to include materials used in

routine janitorial, building, or facilitygrounds maintenance; personal uses byemployees or other persons; or productsused for maintaining motor vehiclesoperated by the facility.

§ 63.5689 What parts of my facility arecovered by this subpart?

The affected source (the portion ofyour boat manufacturing facilitycovered by this subpart) is thecombination of all of the boatmanufacturing operations listed inparagraphs (a) through (f) of this section.

(a) Open molding resin and gel coatoperations (including pigmented gelcoat, clear gel coat, production resin,tooling gel coat, and tooling resin).

(b) Closed molding resin operations.(c) Resin and gel coat mixing

operations.(d) Resin and gel coat application

equipment cleaning operations.(e) Carpet and fabric adhesive

operations.(f) Aluminum hull and deck coating

operations, including solvent wipedownoperations and paint spray gun cleaningoperations, on aluminum recreationalboats.

§ 63.5692 How do I know if my boatmanufacturing facility is a new source or anexisting source?

(a) A boat manufacturing facility is anew source if it meets the criteria inparagraphs (a)(1) through (3) of thissection.

(1) You commence construction of theaffected source after July 14, 2000.

(2) It is a major source.(3) It is a completely new boat

manufacturing affected source where noother boat manufacturing affectedsource existed prior to the constructionof the new source.

(b) For the purposes of this subpart,an existing source is any source that isnot a new source.

§ 63.5695 When must I comply with thissubpart?

You must comply with the standardsin this subpart by the compliance datesspecified in Table 1 to this subpart.

Standards for Open Molding Resin andGel Coat Operations

§ 63.5698 What emission limit must I meetfor open molding resin and gel coatoperations?

(a) You must limit organic HAPemissions from the five open moldingoperations listed in paragraphs (a)(1)through (5) of this section to theemission limit specified in paragraph (b)of this section. Operations listed inparagraph (d) are exempt from thislimit.

(1) Production resin.



(2) Pigmented gel coat.(3) Clear gel coat.(4) Tooling resin.

(5) Tooling gel coat.(b) You must limit organic HAP

emissions from open molding

operations to the limit specified byequation 1 of this section, based on a 12-month rolling average.

HAP Limit M M M M M EqR PG CG TR TG= ( ) + ( ) + ( ) + ( ) + ( )[ ] ( )46 159 291 54 214 . 1

Where:HAP Limit= total allowable organic

HAP that can be emitted from theopen molding operations,kilograms.

MR = mass of production resin used inthe past 12 months, excluding anymaterials exempt under paragraph(d) of this section, megagrams.

MPG = mass of pigmented gel coat usedin the past 12 months, excludingany materials exempt underparagraph (d) of this section,megagrams.

MCG = mass of clear gel coat used in thepast 12 months, excluding anymaterials exempt under paragraph(d) of this section, megagrams.

MTR = mass of tooling resin used in thepast 12 months, excluding anymaterials exempt under paragraph(d) of this section, megagrams.

MTG = mass of tooling gel coat used inthe past 12 months, excluding anymaterials exempt under paragraph(d) of this section, megagrams.

(c) The open molding emission limitis the same for both new and existingsources.

(d) The materials specified inparagraphs (d)(1) through (3) of thissection are exempt from the openmolding emission limit specified inparagraph (b) of this section.

(1) Production resins (including skincoat resins) that must meetspecifications for use in military vesselsor must be approved by the U.S. CoastGuard for use in the construction oflifeboats, rescue boats, and other life-saving appliances approved under 46CFR subchapter Q or the construction ofsmall passenger vessels regulated by 46CFR subchapter T. Production resins forwhich this exemption is used must beapplied with nonatomizing (non-spray)resin application equipment. You mustkeep a record of the resins for whichyou are using this exemption.

(2) Pigmented, clear, and tooling gelcoat used for part or mold repair andtouch up. The total gel coat materialsincluded in this exemption must notexceed 1 percent by weight of all gelcoat used at your facility on a 12-monthrolling-average basis. You must keep arecord of the amount of gel coats usedper month for which you are using thisexemption and copies of calculations

showing that the exempt amount doesnot exceed 1 percent of all gel coat used.

(3) Pure, 100 percent vinylester resinused for skin coats. This exemptiondoes not apply to blends of vinylesterand polyester resins used for skin coats.The total resin materials included in theexemption cannot exceed 5 percent byweight of all resin used at your facilityon a 12-month rolling-average basis.You must keep a record of the amountof 100 percent vinylester skin coat resinused per month that is eligible for thisexemption and copies of calculationsshowing that the exempt amount doesnot exceed 5 percent of all resin used.

§ 63.5701 What are my options forcomplying with the open molding emissionlimit?

You must use one or more of theoptions listed in paragraphs (a) through(c) of this section to meet the emissionlimit in § 63.5698 for the resins and gelcoats used in open molding operationsat your facility.

(a) Maximum achievable controltechnology (MACT) model point valueaveraging (emissions averaging) option.

(1) Demonstrate that emissions fromthe open molding resin and gel coatoperations that you average meet theemission limit in § 63.5698 using theprocedures described in § 63.5710.Compliance with this option is based ona 12-month rolling average.

(2) Those operations and materials notincluded in the emissions average mustcomply with either paragraph (b) or (c)of this section.

(b) Compliant materials option.Demonstrate compliance by using resinsand gel coats that meet the organic HAPcontent requirements in Table 2 to thissubpart. Compliance with this option isbased on a 12-month rolling average.

(c) Add-on control option. Use anenclosure and add-on control device,and demonstrate that the resultingemissions meet the emission limit in§ 63.5698. Compliance with this optionis based on control device performancetesting and control device monitoring.

§ 63.5704 What are the generalrequirements for complying with the openmolding emission limit?

(a) Emissions averaging option. Forthose open molding operations andmaterials complying using theemissions averaging option, you must

demonstrate compliance by performingthe steps in paragraphs (a)(1) through (5)of this section.

(1) Use the methods specified in§ 63.5758 to determine the organic HAPcontent of resins and gel coats.

(2) Complete the calculationsdescribed in § 63.5710 to show that theorganic HAP emissions do not exceedthe limit specified in § 63.5698.

(3) Keep records as specified inparagraphs (a)(3)(i) through (iv) of thissection for each resin and gel coat.

(i) Hazardous air pollutant content.(ii) Amount of material used per

month.(iii) Application method used for

production resin and tooling resin. Thisrecord is not required if all productionresins and tooling resins are appliedwith nonatomized technology.

(iv) Calculations performed todemonstrate compliance based onMACT model point values, as describedin § 63.5710.

(4) Prepare and submit theimplementation plan described in§ 63.5707 to the Administrator and keepit up to date.

(5) Submit semiannual compliancereports to the Administrator as specifiedin § 63.5764.

(b) Compliant materials option. Foreach open molding operation complyingusing the compliant materials option,you must demonstrate compliance byperforming the steps in paragraphs(b)(1) through (4) of this section.

(1) Use the methods specified in§ 63.5758 to determine the organic HAPcontent of resins and gel coats.

(2) Complete the calculationsdescribed in § 63.5713 to show that theweighted-average organic HAP contentdoes not exceed the limit specified inTable 2 to this subpart.

(3) Keep records as specified inparagraphs (b)(3)(i) through (iv) of thissection for each resin and gel coat.

(i) Hazardous air pollutant content.(ii) Application method for

production resin and tooling resin. Thisrecord is not required if all productionresins and tooling resins are appliedwith nonatomized technology.

(iii) Amount of material used permonth. This record is not required foran operation if all materials used forthat operation comply with the organicHAP content requirements.



(iv) Calculations performed, ifrequired, to demonstrate compliancebased on weighted-average organic HAPcontent as described in § 63.5713.

(4) Submit semiannual compliancereports to the Administrator as specifiedin § 63.5764.

(c) Add-on control option. If you areusing an add-on control device, youmust demonstrate compliance byperforming the steps in paragraphs (c)(1)through (5) of this section.

(1) Conduct a performance test of thecontrol device as specified in §§ 63.5719and 63.5722 to demonstrate initialcompliance.

(2) Use the performance test results todetermine control device parameters tomonitor after the performance test asspecified in § 63.5725.

(3) Comply with the operating limitsspecified in § 63.5715 and the controldevice and emission capture systemmonitoring requirements specified in§ 63.5725 to demonstrate continuouscompliance.

(4) Keep the records specified in§ 63.5767.

(5) Submit to the Administrator thenotifications and reports specified in§§ 63.5761 and 63.5764.

§ 63.5707 What is an implementation planfor open molding operations and when doI need to prepare one?

(a) You must prepare animplementation plan for all openmolding operations for which youcomply by using the emissionsaveraging option described in§ 63.5704(a).

(b) The implementation plan mustdescribe the steps you will take to bringthe open molding operations covered bythis subpart into compliance. For eachoperation included in the emissionsaverage, your implementation plan mustinclude the elements listed inparagraphs (b)(1) through (3) of thissection.

(1) A description of each operationincluded in the average.

(2) The maximum organic HAPcontent of the materials used, theapplication method used (if anyatomized resin application methods areused in the average), and any othermethods used to control emissions.

(3) Calculations showing that theoperations covered by the plan willcomply with the open molding emissionlimit specified in § 63.5698.

(c) You must submit theimplementation plan to theAdministrator with the notification of

compliance status specified in§ 63.5761.

(d) You must keep theimplementation plan on site andprovide it to the Administrator whenasked.

(e) If you revise the implementationplan, you must submit the revised planwith your next semiannual compliancereport specified in § 63.5764.

§ 63.5710 How do I demonstratecompliance using emissions averaging?

(a) Compliance using the emissionsaveraging option is demonstrated on a12-month rolling-average basis and isdetermined at the end of every month(12 times per year). The first 12-monthrolling-average period begins on thecompliance date specified in § 63.5695.

(b) At the end of the twelfth monthafter your compliance date and at theend of every subsequent month, useequation 1 of this section to demonstratethat the organic HAP emissions fromthose operations included in the averagedo not exceed the emission limit in§ 63.5698 calculated for the same 12-month period. (Include terms inequation 1 of § 63.5698 and equation 1of this section for only those operationsand materials included in the average.)

HAP emissi M PV M PV M PV M PV M EqR PG PG CG CG TR TR TG TGons = PV 1R( )( ) + ( )( ) + ( )( ) + ( )( ) + ( )( )[ ] ( ).

Where:HAP emissions= Organic HAP

emissions calculated using MACTmodel point values for eachoperation included in the average,kilograms.

PVR= Weighted-average MACT modelpoint value for production resinused in the past 12 months,kilograms per megagram.

MR= Mass of production resin used inthe past 12 months, megagrams.

PVPG= Weighted-average MACT modelpoint value for pigmented gel coatused in the past 12 months,kilograms per megagram.

MPG= Mass of pigmented gel coat usedin the past 12 months, megagrams.

PVCG= Weighted-average MACT modelpoint value for clear gel coat usedin the past 12 months, kilogramsper megagram.

MCG= Mass of clear gel coat used in thepast 12 months, megagrams.

PVTR= Weighted-average MACT modelpoint value for tooling resin used inthe past 12 months, kilograms permegagram.

MTR= Mass of tooling resin used in thepast 12 months, megagrams.

PVTG= Weighted-average MACT modelpoint value for tooling gel coat usedin the past 12 months, kilogramsper megagram.

MTG= Mass of tooling gel coat used inthe past 12 months, megagrams.

(c) At the end of every month, useequation 2 of this section to computethe weighted-average MACT modelpoint value for each open molding resinand gel coat operation included in theaverage.

PV

M

EqOP

ii

n

=( )

( )( )=

∑

∑

PV

M

2i

ii=1

n1 .

Where:

PVOP=weighted-average MACT modelpoint value for each open moldingoperation (PVR, PVPG, PVCG,PVPVTR, and PVPVTG) included inthe average, kilograms of HAP permegagram of material applied.

Mi=mass of resin or gel coat i usedwithin an operation in the past 12months, megagrams.

n=number of different open moldingresins and gel coats used within anoperation in the past 12 months.

PVi=the MACT model point value forresin or gel coat i used within anoperation in the past 12 months,kilograms of HAP per megagram ofmaterial applied.

(d) You must use the equations inTable 3 to this subpart to calculate theMACT model point value (PVi) for eachresin and gel coat used in eachoperation in the past 12 months.

(e) If the organic HAP emissions, ascalculated in paragraph (b) of thissection, are less than the organic HAPlimit calculated in § 63.5698(b) for thesame 12-month period, then you are incompliance with the emission limit in§ 63.5698 for those operations andmaterials included in the average.

§ 63.5713 How do I demonstratecompliance using compliant materials?

(a) Compliance using the organic HAPcontent requirements listed in Table 2 tothis subpart is based on a 12-monthrolling average that is calculated at theend of every month. The first 12-monthrolling-average period begins on thecompliance date specified in § 63.5695.



If you are using filled material(production resin or tooling resin), youmust comply according to the proceduredescribed in § 63.5714.

(b) At the end of the twelfth monthafter your compliance date and at theend of every subsequent month, reviewthe organic HAP contents of the resinsand gel coats used in the past 12 months

in each operation. If all resins and gelcoats used in an operation have organicHAP contents no greater than theapplicable organic HAP content limitsin Table 2 to this subpart, then you arein compliance with the emission limitspecified in § 63.5698 for that 12-monthperiod for that operation. In addition,you do not need to complete the

weighted-average organic HAP contentcalculation contained in paragraph (c) ofthis section for that operation.

(c) At the end of every month, youmust use equation 1 of this section tocalculate the weighted-average organicHAP content for all resins and gel coatsused in each operation in the past 12months.

Weighted Average HA

M

M

Eqi i

i

n

ii

n- P Content %

HAP

1( ) =( )

( )( )=

=

∑

∑1

1

.

Where:Mi = mass of open molding resin or gel

coat i used in the past 12 months inan operation, megagrams.

HAPi = Organic HAP content, by weightpercent, of open molding resin orgel coat i used in the past 12months in an operation. Use themethods in § 63.5758 to determineorganic HAP content.

n = number of different open moldingresins or gel coats used in the past12 months in an operation.

(d) If the weighted-average organicHAP content does not exceed theapplicable organic HAP content limitspecified in Table 2 to this subpart, thenyou are in compliance with theemission limit specified in § 63.5698.

§ 63.5714 How do I demonstratecompliance if I use filled resins?

(a) If you are using a filled productionresin or filled tooling resin, you mustdemonstrate compliance for the filledmaterial on an as-applied basis usingequation 1 of this section.

PV PV EqF u= × −( ) ( )100

100

%.

Filler 1

Where:PVF = The as-applied MACT model

point value for a filled productionresin or tooling resin, kilogramsorganic HAP per megagram of filledmaterial.

PVu = The MACT model point value forthe neat (unfilled) resin, beforefiller is added, as calculated usingthe formulas in Table 3 to thissubpart.

% Filler =The weight-percent of filler inthe as-applied filled resin system.

(b) If the filled resin is used as aproduction resin and the value of PVF

calculated by equation 1 of this sectiondoes not exceed 46 kilograms of organicHAP per megagram of filled resin

applied, then the filled resin is incompliance.

(c) If the filled resin is used as atooling resin and the value of PVF

calculated by equation 1 of this sectiondoes not exceed 54 kilograms of organicHAP per megagram of filled resinapplied, then the filled resin is incompliance.

(d) If you are including a filled resinin the emissions averaging proceduredescribed in § 63.5710, then use thevalue of PVF calculated using equation1 of this section for the value of PV i inequation 2 of § 63.5710.

Demonstrating Compliance for OpenMolding Operations Controlled by Add-On Control Devices

§ 63.5715 What operating limits must Imeet?

(a) For open molding operations onwhich you use a thermal oxidizer as anadd-on control device, you must meetthe operating limits specified in Table 4to this subpart that apply to theemission capture system and thermaloxidizer. You must establish theoperating limits during the performancetest according to the procedures in§ 63.5725. You must meet the operatinglimits at all times after you establishthem.

(b) If you use an add-on controldevice other than a thermal oxidizer, orwish to monitor an alternativeparameter and comply with a differentoperating limit, you must apply to theAdministrator for approval ofalternative monitoring under § 63.8(f).

§ 63.5716 When must I conduct aperformance test?

(a) If your source is an existing source,you must complete the add-on controldevice performance test no later thanthe compliance date specified in§ 63.5695.

(b) If your source is a new source, youmust complete the add-on control

device performance test no later than180 days after the compliance datespecified in § 63.5695.

(c) You must conduct a performancetest every 5 years as part of renewingyour 40 CFR part 70 or 71 operatingpermit.

§ 63.5719 How do I conduct a performancetest?

(a) You must capture the emissionsusing a permanent enclosure (such as aspray booth or similar containmentdevice) and direct the capturedemissions to the add-on control device.

(b) You must measure emissions asspecified in paragraph (b)(1) or (2) ofthis section.

(1) If the enclosure vented to thecontrol device is a permanent totalenclosure as defined in Method 204 ofappendix M to 40 CFR part 51, then youmay measure emissions only at theoutlet of the control device.

(2) If the permanent enclosure ventedto the control device is not a totalenclosure, you must build a temporarytotal enclosure, as defined in Method204 of appendix M to 40 CFR part 51,around the permanent enclosure. Youmust then simultaneously measureemissions from the control device outletand the emissions from the temporarytotal enclosure outlet. You determinecompliance from the combinedemissions from the control device outletand the temporary total enclosureoutlet.

(c) You must conduct the controldevice performance test using theemission measurement methodsspecified in paragraphs (c)(1) through(4) of this section.

(1) Use either Method 1 or 1A ofappendix A to 40 CFR part 60, asappropriate, to select the sampling sites.

(2) Use Method 2, 2A, 2C, 2D, 2F or2G of appendix A to 40 CFR part 60, asappropriate, to measure gas volumetricflow rate.



(3) Use Method 18 of appendix A to40 CFR part 60 to measure organic HAPemissions or use Method 25A ofappendix A to 40 CFR part 60 tomeasure total gaseous organic emissionsas a surrogate for total organic HAPemissions. If you use Method 25A, youmust assume that all gaseous organicemissions measured as carbon areorganic HAP emissions. If you useMethod 18 and the number of organicHAP in the exhaust stream exceeds five,you must take into account the use ofmultiple chromatographic columns andanalytical techniques to get an accuratemeasure of at least 90 percent of thetotal organic HAP mass emissions. Donot use Method 18 to measure organicHAP emissions from a combustiondevice; use instead Method 25A andassume that all gaseous organic massemissions measured as carbon areorganic HAP emissions.

(4) You may use American Society forTesting and Materials (ASTM) D6420–99 (available for purchase from at leastone of the following addresses: 100 BarrHarbor Drive, West Conshohocken, PA19428–2959; or University MicrofilmsInternational, 300 North Zeeb Road,Ann Arbor, MI 48106.) in lieu ofMethod 18 of 40 CFR part 60, appendixA, under the conditions specified inparagraphs (c)(4)(i) through (iii) of thissection.

(i) If the target compound(s) is listedin Section 1.1 of ASTM D6420–99 andthe target concentration is between 150parts per billion by volume and 100parts per million by volume.

(ii) If the target compound(s) is notlisted in Section 1.1 of ASTM D6420–99, but is potentially detected by massspectrometry, an additional systemcontinuing calibration check after eachrun, as detailed in Section 10.5.3 ofASTM D6420–99, must be followed,met, documented, and submitted withthe performance test report even if youdo not use a moisture condenser or thecompound is not considered soluble.

(iii) If a minimum of one sample/analysis cycle is completed at leastevery 15 minutes.

(d) The control device performancetest must consist of three runs and eachrun must last at least 1 hour. Theproduction conditions during the testruns must represent normal productionconditions with respect to the types ofparts being made and materialapplication methods. The productionconditions during the test must alsorepresent maximum potential emissionswith respect to the organic HAP contentof the materials being applied and thematerial application rates.

(e) During the test, you must alsomonitor and record separately the

amounts of production resin, toolingresin, pigmented gel coat, clear gel coat,and tooling gel coat applied inside theenclosure that is vented to the controldevice.

§ 63.5722 How do I use the performancetest data to demonstrate initial compliance?

Demonstrate initial compliance withthe open molding emission limit asdescribed in paragraphs (a) through (c)of this section:

(a) Calculate the organic HAP limityou must achieve using equation 1 of§ 63.5698. For determining initialcompliance, the organic HAP limit isbased on the amount of material usedduring the performance test, inmegagrams, rather than during the past12 months. Calculate the limit using themegagrams of resin and gel coat appliedinside the enclosure during the threeruns of the performance test andequation 1 of § 63.5698.

(b) Add the total measured emissions,in kilograms, from all three of the 1-hour runs of the performance test.

(c) If the total emissions from thethree 1-hour runs of the performancetest are less than the organic HAP limitcalculated in paragraph (a) of thissection, then you have demonstratedinitial compliance with the emissionlimit in § 63.5698 for those operationsperformed in the enclosure andcontrolled by the add-on control device.

§ 63.5725 What are the requirements formonitoring and demonstrating continuouscompliance?

(a) You must establish control deviceparameters that indicate properoperation of the control device.

(b) You must install, operate, andmaintain a continuous parametermonitoring system as specified inparagraphs (b)(1) through (8) of thissection.

(1) The continuous parametermonitoring system must complete aminimum of one cycle of operation foreach successive 15-minute period. Youmust have a minimum of foursuccessive cycles of operation to have avalid hour of data.

(2) You must have valid data from atleast 90 percent of the hours duringwhich the process operated.

(3) You must determine the average ofall recorded readings for eachsuccessive 3-hour period of theemission capture system and add-oncontrol device operation.

(4) You must maintain the continuousparameter monitoring system at alltimes and have available necessary partsfor routine repairs of the monitoringequipment.

(5) You must operate the continuousparameter monitoring system and

collect emission capture system andadd-on control device parameter data atall times that a controlled open moldingoperation is being performed, exceptduring monitoring malfunctions,associated repairs, and required qualityassurance or control activities(including, if applicable, calibrationchecks and required zero and spanadjustments).

(6) You must not use emission capturesystem or add-on control deviceparameter data recorded duringmonitoring malfunctions, associatedrepairs, out-of-control periods, orrequired quality assurance or controlactivities when calculating dataaverages. You must use all the datacollected during all other periods incalculating the data averages fordetermining compliance with theemission capture system and add-oncontrol device operating limits.

(7) You must record the results ofeach inspection, calibration, andvalidation check.

(8) Any period for which themonitoring system is out-of-control, asdefined in § 63.7(d)(7), ormalfunctioning, and data are notavailable for required calculations is adeviation from the monitoringrequirements. A monitoring malfunctionis any sudden, infrequent, notreasonably preventable failure of thecontinuous parameter monitoringsystem to provide valid data.Monitoring failures that are caused inpart by poor maintenance or carelessoperation are not malfunctions.

(c) Enclosure bypass line. You mustmeet the requirements of paragraphs(c)(1) and (2) of this section for eachemission capture system enclosure thatcontains bypass lines that could divertemissions away from the add-on controldevice to the atmosphere.

(1) You must monitor or secure thevalve or closure mechanism controllingthe bypass line in a nondivertingposition in such a way that the valve orclosure mechanism cannot be openedwithout creating a record that the valvewas opened. The method used tomonitor or secure the valve or closuremechanism must meet one of therequirements specified in paragraphs(c)(1)(i) through (iv) of this section.

(i) Flow control position indicator.Install, calibrate, maintain, and operateaccording to the manufacturer’sspecifications a flow control positionindicator that takes a reading at leastonce every 15 minutes and provides arecord indicating whether the emissionsare directed to the add-on control deviceor diverted from the add-on controldevice. The time of occurrence and flowcontrol position must be recorded, as



well as every time the flow direction ischanged. The flow control positionindicator must be installed at theentrance to any bypass line that coulddivert the emissions away from the add-on control device to the atmosphere.

(ii) Car-seal or lock-and-key valveclosures. Secure any bypass line valvein the closed position with a car-seal ora lock-and-key type configuration. Youmust visually inspect the seal or closuremechanism at least once every month toensure that the valve is maintained inthe closed position, and the emissionsare not diverted away from the add-oncontrol device to the atmosphere.

(iii) Valve closure continuousmonitoring. Ensure that any bypass linevalve is in the closed (non-diverting)position through monitoring of valveposition at least once every 15 minutes.You must inspect the monitoring systemat least once every month to verify thatthe monitor will indicate valve position.

(iv) Automatic shutdown system. Usean automatic shutdown system in whichthe open molding operation is stoppedwhen flow is diverted by the bypass lineaway from the add-on control device tothe atmosphere when the open moldingoperation is running. You must inspectthe automatic shutdown system at leastonce every month to verify that it willdetect diversions of flow and shut downthe open molding operation.

(2) If any bypass line is opened, youmust include a description of why thebypass line was opened and the lengthof time it remained open in thesemiannual compliance reports requiredin § 63.5764(d).

(d) Thermal oxidizers. If you are usinga thermal oxidizer or incinerator as anadd-on control device, you must complywith the requirements in paragraphs(d)(1) through (6) of this section.

(1) You must install a combustiontemperature monitoring device in thefirebox of the thermal oxidizer orincinerator, or in the duct immediatelydownstream of the firebox before anysubstantial heat exchange occurs. Youmust meet the requirements inparagraphs (b) and (d)(1)(i) through (vii)of this section for each temperaturemonitoring device.

(i) Locate the temperature sensor in aposition that provides a representativetemperature.

(ii) Use a temperature sensor with aminimum tolerance of 2.2° C or 0.75percent of the temperature value,whichever is larger.

(iii) Shield the temperature sensorsystem from electromagneticinterference and chemicalcontaminants.

(iv) If a chart recorder is used, it musthave a sensitivity in the minor divisionof at least 10° C.

(v) Perform an electronic calibrationat least semiannually according to theprocedures in the manufacturer’sowners manual. Following theelectronic calibration, you must conducta temperature sensor validation check inwhich a second or redundanttemperature sensor placed nearby theprocess temperature sensor must yield areading within 16.7° C of the processtemperature sensor’s reading.

(vi) Conduct calibration andvalidation checks any time the sensorexceeds the manufacturer’s specifiedmaximum operating temperature rangeor install a new temperature sensor.

(vii) At least monthly, inspect allcomponents for integrity and allelectrical connections for continuity,oxidation, and galvanic corrosion.

(2) Before or during the performancetest, you must conduct a performanceevaluation of the combustiontemperature monitoring systemaccording to § 63.8(e). Section 63.8(e)specifies the general requirements forcontinuous monitoring systems andrequirements for notifications, the site-specific performance evaluation plan,conduct of the performance evaluation,and reporting of performance evaluationresults.

(3) During the performance testrequired by § 63.5716, you must monitorand record the combustion temperatureand determine the average combustiontemperature for the three 1-hour testruns. This average temperature is theminimum operating limit for thethermal oxidizer.

(4) Following the performance test,you must continuously monitor thecombustion temperature and record theaverage combustion temperature no lessfrequently than every 15 minutes.

(5) You must operate the incineratoror thermal oxidizer so that the averagecombustion temperature in any 3-hourperiod does not fall below the averagecombustion temperature recordedduring the performance test.

(6) If the average combustiontemperature in any 3-hour period fallsbelow the average combustiontemperature recorded during theperformance test, or if you fail to collectthe minimum data specified inparagraph (d)(4) of this section, it is adeviation for the operating limit in§ 63.5715.

(e) Other control devices. If you areusing a control device other a thermaloxidizer, then you must comply withalternative monitoring requirements andoperating limits approved by theAdministrator under § 63.8(f).

(f) Emission capture system. For eachenclosure in the emission capturesystem, you must comply with therequirements in paragraphs (f)(1)through (5) of this section.

(1) You must install a device tomeasure and record either the flow rateor the static pressure in the duct fromeach enclosure to the add-on controldevice.

(2) You must install a device tomeasure and record the pressure dropacross at least one opening in eachenclosure.

(3) Each flow measurement devicemust meet the requirements inparagraphs (b) and (f)(3)(i) through (iv)of this section.

(i) Locate the flow sensor in a positionthat provides a representative flowmeasurement in the duct between eachenclosure in the emission capturesystem and the add-on control device.

(ii) Reduce swirling flow or abnormalvelocity distributions due to upstreamand downstream disturbances.

(iii) Conduct a flow sensor calibrationcheck at least semiannually.

(iv) At least monthly, inspect allcomponents for integrity, all electricalconnections for continuity, and allmechanical connections for leakage.

(4) For each pressure measurementdevice, you must comply with therequirements in paragraphs (a) and(f)(4)(i) through (vii) of this section.

(i) Locate each pressure drop sensorin or as close to a position that providesa representative measurement of thepressure drop across each enclosureopening you are monitoring.

(ii) Locate each duct static pressuresensor in a position that provides arepresentative measurement of the staticpressure in the duct between theenclosure and control device.

(iii) Minimize or eliminate pulsatingpressure, vibration, and internal andexternal corrosion.

(iv) Check the pressure tap forplugging daily.

(v) Use an inclined manometer with ameasurement sensitivity of 0.0004millimeters mercury (mmHg) to checkgauge calibration quarterly andtransducer calibration monthly.

(vi) Conduct calibration checks anytime the sensor exceeds themanufacturer’s specified maximumoperating pressure range or install a newpressure sensor.

(vii) At least monthly, inspect allcomponents for integrity, all electricalconnections for continuity, and allmechanical connections for leakage.

(5) For each capture device that is notpart of a permanent total enclosure asdefined in Method 204 in appendix Mto 40 CFR part 51, you must establish



an operating limit for either the gasvolumetric flow rate or duct staticpressure, as specified in paragraphs(f)(5)(i) and (ii) of this section. You mustalso establish an operating limit forpressure drop across at least oneopening in each enclosure according toparagraphs (f)(5)(iii) and (iv) of thissection. The operating limits for apermanent total enclosure are specifiedin Table 4 to this subpart.

(i) During the emission test requiredby § 63.5716 and described in § 63.5719,you must monitor and record either thegas volumetric flow rate or the ductstatic pressure for each separateenclosure in your emission capturesystem at least once every 15 minutesduring each of the three test runs at apoint in the duct between the enclosureand the add-on control device inlet.

(ii) Following the emission test,calculate and record the average gasvolumetric flow rate or duct staticpressure for the three test runs for eachenclosure. This average gas volumetricflow rate or duct static pressure is theminimum operating limit for thatspecific enclosure.

(iii) During the emission test requiredby § 63.5716 and described in § 63.5719,you must monitor and record thepressure drop across the opening ofeach enclosure in your emission capturesystem at least once every 15 minutesduring each of the three test runs.

(iv) Following the emission test,calculate and record the averagepressure drop for the three test runs foreach enclosure. This average pressuredrop is the minimum operating limit forthat specific enclosure.

Standards for Closed Molding ResinOperations

§ 63.5728 What standards must I meet forclosed molding resin operations?

(a) If a resin application operationmeets the definition of closed moldingspecified in § 63.5779, there is norequirement to reduce emissions fromthat operation.

(b) If the resin application operationdoes not meet the definition of closedmolding, then you must comply withthe limit for open molding resinoperations specified in § 63.5698.

(c) Open molding resin operationsthat precede a closed molding operationmust comply with the limit for openmolding resin and gel coat operationsspecified in § 63.5698. Examples ofthese operations include gel coat or skincoat layers that are applied beforelamination is performed by closedmolding.

Standards for Resin and Gel CoatMixing Operations

§ 63.5731 What standards must I meet forresin and gel coat mixing operations?

(a) All resin and gel coat mixingcontainers with a capacity equal to orgreater than 208 liters, including thoseused for on-site mixing of putties andpolyputties, must have a cover with novisible gaps in place at all times.

(b) The work practice standard inparagraph (a) of this section does notapply when material is being manuallyadded to or removed from a container,or when mixing or pumping equipmentis being placed in or removed from acontainer.

(c) To demonstrate compliance withthe work practice standard in paragraph(a) of this section, you must visuallyinspect all mixing containers subject tothis standard at least once per month.The inspection should ensure that allcontainers have covers with no visiblegaps between the cover and thecontainer, or between the cover andequipment passing through the cover.

(d) You must keep records of whichmixing containers are subject to thisstandard and the results of theinspections, including a description ofany repairs or corrective actions taken.

Standards for Resin and Gel CoatApplication Equipment CleaningOperations

§ 63.5734 What standards must I meet forresin and gel coat application equipmentcleaning operations?

(a) For routine flushing of resin andgel coat application equipment (e.g.,spray guns, flowcoaters, brushes, rollers,and squeegees), you must use a cleaningsolvent that contains no more than 5percent organic HAP by weight. Forremoving cured resin or gel coat fromapplication equipment, no organic HAPcontent limit applies.

(b) You must store organic HAP-containing solvents used for removingcured resin or gel coat in containerswith covers. The covers must have novisible gaps and must be in place at alltimes, except when equipment to becleaned is placed in or removed fromthe container. On containers with acapacity greater than 7.6 liters, thedistance from the top of the container tothe solvent surface must be no less than0.75 times the diameter of the container.Containers that store organic HAP-containing solvents used for removingcured resin or gel coat are exempt fromthe requirements of 40 CFR part 63,subpart T. Cured resin or gel coat meansresin or gel coat that has changed froma liquid to a solid.

§ 63.5737 How do I demonstratecompliance with the resin and gel coatapplication equipment cleaning standards?

(a) Determine and record the organicHAP content of the cleaning solventssubject to the standards specified in§ 63.5734 using the methods specifiedin § 63.5758.

(b) If you recycle cleaning solvents onsite, you may use documentation fromthe solvent manufacturer or supplier ora measurement of the organic HAPcontent of the cleaning solvent asoriginally obtained from the solventsupplier for demonstrating compliance,subject to the conditions in § 63.5758 fordemonstrating compliance with organicHAP content limits.

(c) At least once per month, you mustvisually inspect any containers holdingorganic HAP-containing solvents usedfor removing cured resin and gel coat toensure that the containers have coverswith no visible gaps. Keep records of themonthly inspections and any repairsmade to the covers.

Standards for Carpet and FabricAdhesive Operations

§ 63.5740 What emission limit must I meetfor carpet and fabric adhesive operations?

(a) You must use carpet and fabricadhesives that contain no more than 5percent organic HAP by weight.

(b) To demonstrate compliance withthe emission limit in paragraph (a) ofthis section, you must determine andrecord the organic HAP content of thecarpet and fabric adhesives using themethods in § 63.5758.

Standards for Aluminum RecreationalBoat Surface Coating Operations

§ 63.5743 What standards must I meet foraluminum recreational boat surface coatingoperations?

(a) For aluminum wipedown solventoperations and aluminum surfacecoating operations, you must complywith either the separate emission limitsin paragraphs (a)(1) and (2) of thissection, or the combined emission limitin paragraph (a)(3) of this section.Compliance with these limitations isbased on a 12-month rolling average thatis calculated at the end of every month.

(1) You must limit emissions fromaluminum wipedown solvents to nomore than 0.33 kilograms of organicHAP per liter of total coating solidsapplied from aluminum primers, clearcoats, and top coats combined. No limitapplies when cleaning surfaces arereceiving decals or adhesive graphics.

(2) You must limit emissions fromaluminum recreational boat surfacecoatings (including thinners, activators,primers, topcoats, and clear coats) to no



more than 1.22 kilograms of organicHAP per liter of total coating solidsapplied from aluminum primers, clearcoats, and top coats combined.

(3) You must limit emissions from thecombined aluminum surface coatingsand aluminum wipedown solvents to nomore than 1.55 kilograms of organicHAP per liter of total coating solidsapplied from aluminum primers, clearcoats, and top coats combined.

(b) You must comply with the workpractice standard in paragraph (b)(1),(2), (3), or (4) of this section whencleaning aluminum coating spray gunswith solvents containing more than 5percent organic HAP by weight.

(1) Clean spray guns in an encloseddevice. Keep the device closed exceptwhen you place spray guns in or removethem from the device.

(2) Disassemble the spray gun andmanually clean the components in a vat.Keep the vat closed when you are notusing it.

(3) Clean spray guns by placingsolvent in the pressure pot and forcingthe solvent through the gun. Do not useatomizing air during this procedure.Direct the used cleaning solvent fromthe spray gun into a container that youkeep closed when you are not using it.

(4) An alternative gun cleaningprocess or technology approved by theAdministrator according to theprocedures in § 63.6(g).

§ 63.5746 How do I demonstratecompliance with the emission limits foraluminum wipedown solvents andaluminum coatings?

To demonstrate compliance with theemission limits for aluminumwipedown solvents and aluminumcoatings specified in § 63.5743(a), youmust meet the requirements ofparagraphs (a) through (f) of this section.

(a) Determine and record the organicHAP content (kilograms of organic HAPper kilogram of material, or weightfraction) of each aluminum wipedownsolvent and aluminum coating(including primers, topcoats, clear coats,thinners, and activators). Use themethods in § 63.5758 to determineorganic HAP content.

(b) Use the methods in § 63.5758(b) todetermine the solids content (liters ofsolids per liter of coating, or volumefraction) of each aluminum surfacecoating, including primers, topcoats,and clear coats. Keep records of thesolids content.

(c) Use the methods in § 63.5758(c) todetermine the density of each aluminumsurface coating and wipedown solvent.

(d) Compliance is based on a 12-month rolling average calculated at theend of every month. The first 12-monthrolling-average period begins on thecompliance date specified in § 63.5695.

(e) At the end of the twelfth monthafter your compliance date and at theend of every subsequent month, use theprocedures in § 63.5749 to calculate theorganic HAP from aluminum wipedownsolvents per liter of coating solids, anduse the procedures in § 63.5752 tocalculate the kilograms of organic HAPfrom aluminum coatings per liter ofcoating solids.

(f) Keep records of the calculationsused to determine compliance.

(g) Approval of alternative means ofdemonstrating compliance. You mayapply to the Administrator forpermission to use an alternative means(such as an add-on control system) oflimiting emissions from aluminumwipedown solvent and coatingoperations and demonstratingcompliance with the emission limits in§ 63.5743(a).

(1) The application must include theinformation listed in paragraphs (g)(1)(i)through (iii) of this section.

(i) An engineering evaluation thatcompares the emissions using thealternative means to the emissions thatwould result from using the strategyspecified in paragraphs (a) through (e) ofthis section. The engineering evaluationmay include the results from anemission test that accurately measuresthe capture efficiency and controldevice efficiency achieved by thecontrol system and the composition ofthe associated coatings so that theemissions comparison can be made.

(ii) A proposed monitoring protocolthat includes operating parametervalues to be monitored for complianceand an explanation of how the operatingparameter values will be establishedthrough a performance test.

(iii) Details of appropriaterecordkeeping and reportingprocedures.

(2) The Administrator will approvethe alternative means of limitingemissions if the Administratordetermines that HAP emissions will beno greater than if the source uses theprocedures described in paragraphs (a)through (e) of this section todemonstrate compliance.

(3) The Administrator’s approval mayspecify operation, maintenance, andmonitoring requirements to ensure thatemissions from the regulated operationsare no greater than those that wouldotherwise result from regulatedoperations in compliance with thissubpart.

§ 63.5749 How do I calculate the organicHAP content of aluminum wipedownsolvents?

(a) Use equation 1 of this section tocalculate the weighted-average organicHAP content of aluminum wipedownsolvents used in the past 12 months.

HAP

Vol D W

Vol Solids

EqWD

j j jj

n

i ii

m=( )( )( )

( )( )=

=

∑

∑1

1

( . 1)

Where:HAPWD= weighted-average organic

HAP content of aluminum wipedownsolvents, kilograms of HAP per liter oftotal coating solids from aluminumprimers, top coats, and clear coats.

n = number of different wipedownsolvents used in the past 12 months.

Volj= volume of aluminum wipedownsolvent j used in the past 12 months,liters.

Dj= density of aluminum wipedownsolvent j, kilograms per liter.

Wj= mass fraction of organic HAP inaluminum wipedown solvent j.

m = number of different aluminumsurface coatings (primers, top coats, andclear coats) used in the past 12 months.

Voli = volume of aluminum primer,top coat, or clear coat i used in the past12 months, liters.

Solidsi= solids content aluminumprimer, top coat, or clear coat i, litersolids per liter of coating.

(b) Compliance is based on a 12-month rolling average. If the weighted-average organic HAP content does notexceed 0.33 kilograms of organic HAPper liter of total coating solids, then youare in compliance with the emissionlimit specified in § 63.5743(a)(1).

§ 63.5752 How do I calculate the organicHAP content of aluminum recreational boatsurface coatings?

(a) Use equation 1 of this section tocalculate the weighted-average HAPcontent for all aluminum surfacecoatings used in the past 12 months.



HAP

Vol D W Vol D W

Vol Solids

EqSC

i i ii

m

k k kk

D

i ii

m=( )( )( ) + ( )( )( )

( )( )= =

=

∑ ∑

∑1 1

1

( . 1)

Where:

HAPSC = weighted-average organic HAPcontent for all aluminum coatingmaterials, kilograms of organic HAPper liter of coating solids.

m = number of different aluminumprimers, top coats, and clear coatsused in the past 12 months.

Voli = volume of aluminum primer, topcoat, or clear coat i used in the past12 months, liters.

Di= density of coating i, kilograms perliter.

Wi= mass fraction of organic HAP incoating i, kilograms of organic HAPper kilogram of coating.

p = number of different thinners,activators, and other coatingadditives used in the past 12months.

Volk= total volume of thinner, activator,or additive k used in the past 12months, liters.

Dk= density of thinner, activator, oradditive k, kilograms per liter.

Wk= mass fraction of organic HAP inthinner, activator, or additive k,kilograms of organic HAP perkilogram of thinner or activator.

Solidsi= solids content of aluminumprimer, top coat, or clear coat i, litersolids per liter of coating.

(b) Compliance is based on a 12-month rolling average. If the weighted-average organic HAP content does notexceed 1.22 kilograms of organic HAPper liter of coating solids, then you arein compliance with the emission limitspecified in § 63.5743(a)(2).

§ 63.5753 How do I calculate the combinedorganic HAP content of aluminumwipedown solvents and aluminumrecreational boat surface coatings?

(a) Use equation 1 of this section tocalculate the combined weighted-average organic HAP content ofaluminum wipedown solvents andaluminum recreational boat surfacecoatings.

HAP HAP HAP EqCombined SC= +WD 1)( .

Where:HAPWD = the weighted-average organic

HAP content of aluminumwipedown solvents used in the past12 months, calculated usingequation 1 of § 63.5749.

HAPSC = the weighted average organicHAP content of aluminumrecreational boat surface coatingsused in the past 12 months,calculated using equation 1 of§ 63.5752.

(b) Compliance is based on a 12-month rolling average. If the combinedorganic HAP content does not exceed1.55 kilograms of organic HAP per literof total coating solids, then you are incompliance with the emission limitspecified in § 63.5743(a)(3).

§ 63.5755 How do I demonstratecompliance with the aluminum recreationalboat surface coating spray gun cleaningwork practice standards?

You must demonstrate compliancewith the aluminum coating spray guncleaning work practice standards bymeeting the requirements of paragraph(a) or (b) of this section.

(a) Demonstrate that solvents used toclean the aluminum coating spray gunscontain no more than 5 percent organicHAP by weight by determining organicHAP content with the methods in§ 63.5758. Keep records of the organicHAP content determination.

(b) For solvents containing more than5 percent organic HAP by weight,comply with the requirements in

paragraph (b)(1) or (b)(2), and paragraph(b)(3) of this section.

(1) If you are using an enclosed spraygun cleaner, visually inspect it at leastonce per month to ensure that covers arein place and the covers have no visiblegaps when the cleaner is not in use, andthat there are no leaks from hoses orfittings.

(2) If you are manually cleaning thegun or spraying solvent into a containerthat can be closed, visually inspect allsolvent containers at least once permonth to ensure that the containershave covers and the covers fit with novisible gaps.

(3) Keep records of the monthlyinspections and any repairs that aremade to the enclosed gun cleaners orthe covers.

Methods for Determining HazardousAir Pollutant Content

§ 63.5758 How do I determine the organicHAP content of materials?

(a) Determine the organic HAPcontent for each material used. Todetermine the organic HAP content foreach material used in your openmolding resin and gel coat operations,carpet and fabric adhesive operations, oraluminum recreational boat surfacecoating operations, you must use one ofthe options in paragraphs (a)(1) through(6) of this section.

(1) Method 311 (appendix A to 40CFR part 63). You may use Method 311for determining the mass fraction of

organic HAP. Use the proceduresspecified in paragraphs (a)(1)(i) and (ii)of this section when determiningorganic HAP content by Method 311.

(i) Include in the organic HAP totaleach organic HAP that is measured to bepresent at 0.1 percent by mass or morefor Occupational Safety and HealthAdministration (OSHA)-definedcarcinogens as specified in 29 CFR1910.1200(d)(4) and at 1.0 percent bymass or more for other compounds. Forexample, if toluene (not an OSHAcarcinogen) is measured to be 0.5percent of the material by mass, you donot need to include it in the organicHAP total. Express the mass fraction ofeach organic HAP you measure as avalue truncated to four places after thedecimal point (for example, 0.1234).

(ii) Calculate the total organic HAPcontent in the test material by adding upthe individual organic HAP contentsand truncating the result to three placesafter the decimal point (for example,0.123).

(2) Method 24 (appendix A to 40 CFRpart 60). You may use Method 24 todetermine the mass fraction of non-aqueous volatile matter of aluminumcoatings and use that value as asubstitute for mass fraction of organicHAP.

(3) ASTM D1259–85 (Standard TestMethod for Nonvolatile Content ofResins). You may use ASTM D1259–85(available for purchase from ASTM) tomeasure the mass fraction of volatile



matter of resins and gel coats for openmolding operations and use that valueas a substitute for mass fraction oforganic HAP.

(4) Alternative method. You may usean alternative test method fordetermining mass fraction of organicHAP if you obtain prior approval by theAdministrator. You must follow theprocedure in § 63.7(f) to submit analternative test method for approval.

(5) Information from the supplier ormanufacturer of the material. You mayrely on information other than thatgenerated by the test methods specifiedin paragraphs (a)(1) through (4) of thissection, such as manufacturer’sformulation data, according toparagraphs (a)(5)(i) through (iii) of thissection.

(i) Include in the organic HAP totaleach organic HAP that is present at 0.1percent by mass or more for OSHA-defined carcinogens as specified in 29CFR 1910.1200(d)(4) and at 1.0 percentby mass or more for other compounds.For example, if toluene (not an OSHAcarcinogen) is 0.5 percent of thematerial by mass, you do not have toinclude it in the organic HAP total.

(ii) If the organic HAP content isprovided by the material supplier ormanufacturer as a range, then you mustuse the upper limit of the range fordetermining compliance. If a separatemeasurement of the total organic HAPcontent using the methods specified inparagraphs (a)(1) through (4) of thissection exceeds the upper limit of therange of the total organic HAP contentprovided by the material supplier ormanufacturer, then you must use themeasured organic HAP content todetermine compliance.

(iii) If the organic HAP content isprovided as a single value, you mayassume the value is a manufacturingtarget value and actual organic HAPcontent may vary from the target value.If a separate measurement of the totalorganic HAP content using the methodsspecified in paragraphs (a)(1) through(4) of this section is less than 2percentage points higher than the valuefor total organic HAP content providedby the material supplier ormanufacturer, then you may use theprovided value to demonstratecompliance. If the measured totalorganic HAP content exceeds theprovided value by 2 percentage pointsor more, then you must use themeasured organic HAP content todetermine compliance.

(6) Solvent blends. Solvent blendsmay be listed as single components forsome regulated materials incertifications provided bymanufacturers or suppliers. Solvent

blends may contain organic HAP whichmust be counted toward the totalorganic HAP content of the materials.When detailed organic HAP contentdata for solvent blends are not available,you may use the values for organic HAPcontent that are listed in Table 5 or 6 tothis subpart. You may use Table 6 tothis subpart only if the solvent blendsin the materials you use do not matchany of the solvent blends in Table 5 tothis subpart and you know only whetherthe blend is either aliphatic or aromatic.However, if test results indicate highervalues than those listed in Table 5 or 6to this subpart, then the test resultsmust be used for determiningcompliance.

(b) Determine the volume fractionsolids in aluminum recreational boatsurface coatings. To determine thevolume fraction of coating solids (litersof coating solids per liter of coating) foreach aluminum recreational boat surfacecoating, you must use one of themethods specified in paragraphs (b)(1)through (3) of this section. If the resultsobtained with paragraphs (b)(2) or (3) ofthis section do not to agree with thoseobtained according to paragraph (b)(1)of this section, you must use the resultsobtained with paragraph (b)(1) of thissection to determine compliance.

(1) ASTM Method D2697–86(1998) orD6093–97. You may use ASTM MethodD2697–86(1998) or D6093–97 (availablefor purchase from ASTM) to determinethe volume fraction of coating solids foreach coating. Divide the nonvolatilevolume percent obtained with themethods by 100 to calculate volumefraction of coating solids.

(2) Information from the supplier ormanufacturer of the material. You mayobtain the volume fraction of coatingsolids for each coating from the supplieror manufacturer.

(3) Calculation of volume fraction ofcoating solids. You may determine itusing equation 1 of this section:

Solids = 1 1)volatiles− m

DEq

avg

( .

Where:Solids=volume fraction of coating

solids, liters coating solids per litercoating.

mvolatiles=Total volatile matter contentof the coating, including organicHAP, volatile organic compounds,water, and exempt compounds,determined according to Method 24in appendix A of 40 CFR part 60,grams volatile matter per litercoating.

Davg=average density of volatile matterin the coating, grams volatile matterper liter volatile matter, determined

from test results using ASTMMethod D1475–90 (available forpurchase from ASTM), informationfrom the supplier or manufacturerof the material, or reference sourcesproviding density or specific gravitydata for pure materials. If there isdisagreement between ASTMMethod D1475–90 test results andother information sources, the testresults will take precedence.

(c) Determine the density of eachaluminum recreational boat wipedownsolvent and surface coating. Determinethe density of all aluminum recreationalboat wipedown solvents, surfacecoatings, thinners, and other additivesfrom test results using ASTM MethodD1475–90, information from thesupplier or manufacturer of thematerial, or reference sources providingdensity or specific gravity data for purematerials. If there is disagreementbetween ASTM Method D1475–90 testresults and other information sources,you must use the test results todemonstrate compliance.

Notifications, Reports, and Records

§ 63.5761 What notifications must I submitand when?

(a) You must submit all of thenotifications in Table 7 to this subpartthat apply to you by the dates in thetable. The notifications are describedmore fully in 40 CFR part 63, subpart A,General Provisions, referenced in Table8 to this subpart.

(b) If you change any informationsubmitted in any notification, you mustsubmit the changes in writing to theAdministrator within 15 calendar daysafter the change.

§ 63.5764 What reports must I submit andwhen?

(a) You must submit the applicablereports specified in paragraphs (b)through (e) of this section. To the extentpossible, you must organize each reportaccording to the operations covered bythis subpart and the complianceprocedure followed for that operation.

(b) Unless the Administrator hasapproved a different schedule forsubmission of reports under § 63.10(a),you must submit each report by thedates in paragraphs (b)(1) through (5) ofthis section.

(1) If your source is not controlled byan add-on control device (i.e., you arecomplying with organic HAP contentlimits, application equipmentrequirements, or MACT model pointvalue averaging provisions), the firstcompliance report must cover theperiod beginning 12 months after thecompliance date specified for yoursource in § 63.5695 and ending on June



30 or December 31, whichever date isthe first date following the end of thefirst 12-month period after thecompliance date that is specified foryour source in § 63.5695. If your sourceis controlled by an add-on controldevice, the first compliance report mustcover the period beginning on thecompliance date specified for yoursource in § 63.5695 and ending on June30 or December 31, whichever date isthe first date following the end of thefirst calendar half after the compliancedate that is specified for your source in§ 63.5695.

(2) The first compliance report mustbe postmarked or delivered no later than60 calendar days after the end of thecompliance reporting period specifiedin paragraph (b)(1) of this section.

(3) Each subsequent compliancereport must cover the applicablesemiannual reporting period fromJanuary 1 through June 30 or from July1 through December 31.

(4) Each subsequent compliancereport must be postmarked or deliveredno later than 60 calendar days after theend of the semiannual reporting period.

(5) For each affected source that issubject to permitting regulationspursuant to 40 CFR part 70 or 71, andif the permitting authority hasestablished dates for submittingsemiannual reports pursuant to 40 CFR70.6(a)(3)(iii)(A) or 40 CFR71.6(a)(3)(iii)(A), you may submit thefirst and subsequent compliance reportsaccording to the dates the permittingauthority has established instead ofaccording to the dates in paragraphs(b)(1) through (4) of this section.

(c) The compliance report mustinclude the information specified inparagraphs (c)(1) through (7) of thissection.

(1) Company name and address.(2) A statement by a responsible

official with that official’s name, title,and signature, certifying the truth,accuracy, and completeness of thereport.

(3) The date of the report and thebeginning and ending dates of thereporting period.

(4) A description of any changes inthe manufacturing process since the lastcompliance report.

(5) A statement or table showing, foreach regulated operation, the applicableorganic HAP content limit, applicationequipment requirement, or MACTmodel point value averaging provisionwith which you are complying. Thestatement or table must also show theactual weighted-average organic HAPcontent or weighted-average MACTmodel point value (if applicable) foreach operation during each of the

rolling 12-month averaging periods thatend during the reporting period.

(6) If you were in compliance with theemission limits and work practicestandards during the reporting period,you must include a statement to thateffect.

(7) If you deviated from an emissionlimit or work practice standard duringthe reporting period, you must alsoinclude the information listed inparagraphs (c)(7)(i) through (iv) of thissection in the semiannual compliancereport.

(i) A description of the operationinvolved in the deviation.

(ii) The quantity, organic HAPcontent, and application method (ifrelevant) of the materials involved inthe deviation.

(iii) A description of any correctiveaction you took to minimize thedeviation and actions you have taken toprevent it from happening again.

(iv) A statement of whether or notyour facility was in compliance for the12-month averaging period that ended atthe end of the reporting period.

(d) If your facility has an add-oncontrol device, you must submitsemiannual compliance reports andquarterly excess emission reports asspecified in § 63.10(e). The contents ofthe reports are specified in § 63.10(e).

(e) If your facility has an add-oncontrol device, you must complete astartup, shutdown, and malfunctionplan as specified in § 63.6(e), and youmust submit the startup, shutdown, andmalfunction reports specified in§ 63.10(e)(5).

§ 63.5767 What records must I keep?You must keep the records specified

in paragraphs (a) through (d) of thissection in addition to records specifiedin individual sections of this subpart.

(a) You must keep a copy of eachnotification and report that yousubmitted to comply with this subpart.

(b) You must keep all documentationsupporting any notification or reportthat you submitted.

(c) If your facility is not controlled byan add-on control device (i.e., you arecomplying with organic HAP contentlimits, application equipmentrequirements, or MACT model pointvalue averaging provisions), you mustkeep the records specified in paragraphs(c)(1) through (3) of this section.

(1) The total amounts of open moldingproduction resin, pigmented gel coat,clear gel coat, tooling resin, and toolinggel coat used per month and theweighted-average organic HAP contentsfor each operation, expressed as weight-percent. For open molding productionresin and tooling resin, you must also

record the amounts of each applied byatomized and nonatomized methods.

(2) The total amount of eachaluminum coating used per month(including primers, top coats, clearcoats, thinners, and activators) and theweighted-average organic HAP contentas determined in § 63.5752.

(3) The total amount of eachaluminum wipedown solvent used permonth and the weighted-average organicHAP content as determined in§ 63.5749.

(d) If your facility has an add-oncontrol device, you must keep therecords specified in § 63.10(b) relative tocontrol device startup, shut down, andmalfunction events; control deviceperformance tests; and continuousmonitoring system performanceevaluations.

§ 63.5770 In what form and for how longmust I keep my records?

(a) Your records must be readilyavailable and in a form so they can beeasily inspected and reviewed.

(b) You must keep each record for 5years following the date that each recordis generated.

(c) You must keep each record on sitefor at least 2 years after the date thateach record is generated. You can keepthe records offsite for the remaining 3years.

(d) You can keep the records on paperor an alternative media, such asmicrofilm, computer, computer disks,magnetic tapes, or on microfiche.

Other Information You Need To Know

§ 63.5773 What parts of the GeneralProvisions apply to me?

You must comply with therequirements of the General Provisionsin 40 CFR part 63, subpart A, asspecified in Table 8 to this subpart.

§ 63.5776 Who implements and enforcesthis subpart?

(a) If the Administrator has delegatedauthority to your State or local agency,the State or local agency has theauthority to implement and enforce thissubpart.

(b) In delegating implementation andenforcement authority of this subpart toa State or local agency under 40 CFRpart 63, subpart E, the authorities thatare retained by the Administrator of theU.S. EPA and are not transferred to theState or local agency are listed inparagraphs (b)(1) through (4) of thissection.

(1) Under § 63.6(g), the authority toapprove alternatives to the standardslisted in paragraphs (b)(1)(i) through(vii) of this section is not delegated.

(i) § 63.5698—Emission limit for openmolding resin and gel coat operations.



(ii) § 63.5728—Standards for closedmolding resin operations.

(iii) § 63.5731(a)—Standards for resinand gel coat mixing operations.

(iv) § 63.5734—Standards for resinand gel coat application equipmentcleaning operations.

(v) § 63.5740(a)—Emission limit forcarpet and fabric adhesive operations.

(vi) § 63.5743—Standards foraluminum recreational boat surfacecoating operations.

(vii) § 63.5746(g)—Approval ofalternative means of demonstratingcompliance with the emission limits foraluminum recreational boat surfacecoating operations.

(2) Under § 63.7(e)(2)(ii) and (f), theauthority to approve alternatives to thetest methods listed in paragraphs(b)(2)(i) through (iv) of this section isnot delegated.

(i) § 63.5719(b)—Method fordetermining whether an enclosure is atotal enclosure.

(ii) § 63.5719(c)—Methods formeasuring emissions from a controldevice.

(iii) § 63.5725(d)(1)—Performancespecifications for thermal oxidizercombustion temperature monitors.

(iv) § 63.5758—Method fordetermining hazardous air pollutantcontent of regulated materials.

(3) Under § 63.8(f), the authority toapprove major alternatives to themonitoring requirements listed in§ 63.5725 is not delegated. A ‘‘majoralternative’’ is defined in § 63.90.

(4) Under § 63.10(f), the authority toapprove major alternatives to thereporting and recordkeepingrequirements listed in §§ 63.5764,63.5767, and 63.5770 is not delegated. A‘‘major alternative’’ is defined in§ 63.90.

Definitions

§ 63.5779 What definitions apply to thissubpart?

Terms used in this subpart aredefined in the Clean Air Act, in § 63.2,and in this section as follows:

Add-on control means an air pollutioncontrol device, such as a thermaloxidizer, that reduces pollution in an airstream by destruction or removal beforedischarge to the atmosphere.

Administrator means theAdministrator of the United StatesEnvironmental Protection Agency (U.S.EPA) or an authorized representative(for example, a State delegated theauthority to carry out the provisions ofthis subpart).

Aluminum recreational boat meansany marine or freshwater recreationalboat that has a hull or deck constructed

primarily of aluminum. A recreationalboat is a vessel which by design andconstruction is intended by themanufacturer to be operated primarilyfor pleasure, or to be leased, rented orchartered to another for the latter’spleasure (rather than for commercial ormilitary purposes); and whose majorstructural components are fabricatedand assembled in an indoor,production-line manufacturing plant orsimilar land-side operation and not in adry dock, graving dock, or marinerailway on the navigable waters of theUnited States.

Aluminum recreational boat surfacecoating operation means the applicationof primers or top coats to aluminumrecreational boats. It also includes theapplication of clear coats over top coats.Aluminum recreational boat surfacecoating operations do not include theapplication of wood coatings orantifoulant coatings to aluminumrecreational boats.

Aluminum coating spray gun cleaningmeans the process of flushing orremoving paints or coatings from theinterior or exterior of a spray gun usedto apply aluminum primers, clear coats,or top coats to aluminum recreationalboats.

Aluminum wipedown solvents meanssolvents used to remove oil, grease,welding smoke, or other contaminantsfrom the aluminum surfaces of a boatbefore priming or painting. Aluminumwipedown solvents contain no coatingsolids; aluminum surface preparationmaterials that contain coating solids areconsidered coatings for the purpose ofthis subpart and are not wipedownsolvents.

Antifoulant coating means anycoating that is applied to the underwaterportion of a boat specifically to preventor reduce the attachment of biologicalorganisms and that is registered withEPA as a pesticide under the FederalInsecticide, Fungicide, and RodenticideAct (7 U.S.C. section 136, et seq.). Forthe purpose of this subpart, primersused with antifoulant coatings toprepare the surface to accept theantifoulant coating are consideredantifoulant coatings.

Assembly adhesive means anychemical material used in the joining ofone fiberglass, metal, foam, or woodparts to another to form a temporary orpermanently bonded assembly.Assembly adhesives include, but are notlimited to, methacrylate adhesives andputties made from polyester orvinylester resin mixed with inert fillersor fibers.

Atomized resin application means aresin application technology in whichthe resin leaves the application

equipment and breaks into droplets oran aerosol as it travels from theapplication equipment to the surface ofthe part. Atomized resin applicationincludes, but is not limited to, resinspray guns and resin chopper sprayguns.

Boat means any type of vessel, otherthan a seaplane, that can be used fortransportation on the water.

Boat manufacturing facility means afacility that manufactures the hulls ordecks of boats from fiberglass oraluminum or assembles boats frompremanufactured hulls and decks, orbuilds molds to make fiberglass hulls ordecks. A facility that manufactures onlyparts of boats (such as hatches, seats, orlockers) or boat trailers, but no boathulls or decks or molds for fiberglassboat hulls or decks, is not considered aboat manufacturing facility for thepurpose of this subpart.

Carpet and fabric adhesive means anychemical material that permanentlyattaches carpet, fabric, or upholstery toany surface of a boat.

Clear gel coat means gel coats that areclear or translucent so that underlyingcolors are visible. Clear gel coats areused to manufacture parts for sale. Cleargel coats do not include tooling gel coatsused to build or repair molds.

Closed molding means any moldingprocess in which pressure is used todistribute the resin through thereinforcing fabric placed between twomold surfaces to either saturate thefabric or fill the mold cavity. Thepressure may be clamping pressure,fluid pressure, atmospheric pressure, orvacuum pressure used either alone or incombination. The mold surfaces may berigid or flexible. Closed moldingincludes, but is not limited to,compression molding with sheetmolding compound, infusion molding,resin injection molding (RIM), vacuum-assisted resin transfer molding(VARTM), resin transfer molding (RTM),and vacuum-assisted compressionmolding. Processes in which a closedmold is used only to compact saturatedfabric or remove air or excess resin fromthe fabric (such as in vacuum bagging),are not considered closed molding.Open molding steps, such as applicationof a gel coat or skin coat layer byconventional open molding prior to aclosed molding process, are not closedmolding.

Cured resin and gel coat means resinor gel coat that has been polymerizedand changed from a liquid to a solid.

Deviation means any instance inwhich an affected source subject to thissubpart or an owner or operator of sucha source:



(1) Fails to meet any requirement orobligation established by this subpart,including, but not limited to, anyemission limit, operating limit, or workpractice requirement;

(2) Fails to meet any term or conditionwhich is adopted to implement anapplicable requirement in this subpartand which is included in the operatingpermit for any affected source requiredto obtain such permit; or

(3) Fails to meet any emission limit,operating limit, or work practicerequirement in this subpart during anystartup, shutdown, or malfunction,regardless of whether or not such failureis permitted by this subpart.

Enclosure means a structure, such asa spray booth, that surrounds a sourceof emissions and captures and directsthe emissions to an add-on controldevice.

Fiberglass boat means a vessel inwhich either the hull or deck is builtfrom a composite material consisting ofa thermosetting resin matrix reinforcedwith fibers of glass, carbon, aramid, orother material.

Fiberglass hull and deck coatingsmeans coatings applied to the exterioror interior surface of fiberglass boathulls and decks on the completed boat.Polyester and vinylester resins and gelcoats used in building fiberglass partsare not fiberglass hull and deck coatingsfor the purpose of this subpart.

Filled resin means a resin to which aninert material has been added to changeviscosity, density, shrinkage, or otherphysical properties.

Gel coat means a thermosetting resinsurface coating containing styrene(Chemical Abstract Service or CAS No.100–42–5) or methyl methacrylate (CASNo. 80–62–6), either pigmented or clear,that provides a cosmetic enhancementor improves resistance to degradationfrom exposure to the elements. Gel coatlayers do not contain any reinforcingfibers and gel coats are applied directlyto mold surfaces or to a finishedlaminate.

Hazardous air pollutant or HAPmeans any air pollutant listed in, orpursuant to section 112(b) of the CleanAir Act.

Hazardous air pollutant content orHAP content means the amount of HAPcontained in a regulated material at thetime it is applied to the part beingmanufactured. If no HAP is added to amaterial as a thinner or diluent, then theHAP content is the same as the HAPcontent of the material as purchasedfrom the supplier. For resin and gelcoat, HAP content does not include anyHAP contained in the catalyst added tothe resin or gel coat during applicationto initiate curing.

Hazardous air pollutant data sheet(HDS) means documentation furnishedby a material supplier or an outsidelaboratory to provide the organic HAPcontent of the material by weight,measured using an EPA Method,manufacturer’s formulation data, or anequivalent method. For aluminumcoatings, the HDS also documents thesolids content by volume, determinedfrom the manufacturer’s formulationdata. The purpose of the HDS is to helpthe affected source in showingcompliance with the organic HAPcontent limits contained in this subpart.The HDS must state the maximum totalorganic HAP concentration, by weight,of the material. It must include anyorganic HAP concentrations equal to orgreater than 0.1 percent by weight forindividual organic HAP that arecarcinogens, as defined by theOccupational Safety and HealthAdministration Hazard CommunicationStandard (29 CFR part 1910), and 1.0percent by weight for all otherindividual organic HAP, as formulated.The HDS must also include testconditions if EPA Method 311 is usedfor determining organic HAP content.

Maximum achievable controltechnology (MACT) model point valuemeans a number calculated for openmolding operations that is a surrogatefor emissions and is used to determineif your open molding operations are incompliance with the provisions of thissubpart. The units for MACT modelpoint values are kilograms of organicHAP per megagram of resin or gel coatapplied.

Manufacturer’s certification meansdocumentation furnished by a materialsupplier that shows the organic HAPcontent of a material and includes aHDS.

Mold means the cavity or surface intoor on which gel coat, resin, and fibersare placed and from which finishedfiberglass parts take their form.

Mold sealing and release agentsmeans materials applied to a mold toseal, polish, and lubricate the mold toprevent parts from sticking to the mold.Mold sealers, waxes, and glazing andbuffing compounds are considered moldsealing and release agents for thepurposes of this subpart.

Mold stripping and cleaning solventsmeans materials used to remove moldsealing and release agents from a moldbefore the mold surface is repaired,polished, or lubricated during normalmold maintenance.

Month means a calendar month.Neat resin means a resin to which no

filler has been added.Nonatomized resin application means

any application technology in which the

resin is not broken into droplets or anaerosol as it travels from the applicationequipment to the surface of the part.Nonatomized resin applicationtechnology includes, but is not limitedto, flowcoaters, chopper flowcoaters,pressure fed resin rollers, resinimpregnators, and hand application (forexample, paint brush or paint roller).

Open molding resin and gel coatoperation means any process in whichthe reinforcing fibers and resin areplaced in the mold and are open to thesurrounding air while the reinforcingfibers are saturated with resin. For thepurposes of this subpart, open moldingincludes operations in which a vacuumbag or similar cover is used to compressan uncured laminate to remove airbubbles or excess resin, or to achieve abond between a core material and alaminate.

Pigmented gel coat means opaque gelcoats used to manufacture parts for sale.Pigmented gel coats do not includetooling gel coats used to build or repairmolds.

Production resin means any resinused to manufacture parts for sale.Production resins do not include toolingresins used to build or repair molds, orassembly adhesives as defined in thissection.

Recycled resin and gel coatapplication equipment cleaning solventmeans cleaning solvents recycled on-site or returned to the supplier oranother party to remove resin or gel coatresidues so that the solvent can bereused.

Research and development activitiesmeans:

(1) Activities conducted at alaboratory to analyze air, soil, water,waste, or product samples forcontaminants, environmental impact, orquality control;

(2) Activities conducted to test moreefficient production processes ormethods for preventing or reducingadverse environmental impacts,provided that the activities do notinclude the production of anintermediate or final product for sale orexchange for commercial profit, exceptin a de minimis manner; and

(3) Activities conducted at a researchor laboratory facility that is operatedunder the close supervision oftechnically trained personnel, theprimary purpose of which is to conductresearch and development into newprocesses and products and that is notengaged in the manufacture of productsfor sale or exchange for commercialprofit, except in a de minimis manner.

Resin means any thermosetting resinwith or without pigment containingstyrene (CAS No. 100–42–5) or methyl



methacrylate (CAS No. 80–62–6) andused to encapsulate and bind togetherreinforcement fibers in the constructionof fiberglass parts.

Resin and gel coat applicationequipment cleaning means the processof flushing or removing resins and gelcoats from the interior or exterior ofequipment that is used to apply resin orgel coat in the manufacture of fiberglassparts.

Resin and gel coat mixing operationmeans any operation in which resin orgel coat, including the mixing of puttiesor polyputties, is combined withadditives that include, but are notlimited to, fillers, promoters, orcatalysts.

Roll-out means the process of usingrollers, squeegees, or similar tools tocompact reinforcing materials saturatedwith resin to remove trapped air orexcess resin.

Skin coat is a layer of resin and fibersapplied over the gel coat to protect thegel coat from being deformed by thenext laminate layers.

Tooling resin means the resin used tobuild or repair molds (also known astools) or prototypes (also known asplugs) from which molds will be made.

Tooling gel coat means the gel coatused to build or repair molds (alsoknown as tools) or prototypes (alsoknown as plugs) from which molds willbe made.

Vacuum bagging means any moldingtechnique in which the reinforcingfabric is saturated with resin and thencovered with a flexible sheet that issealed to the edge of the mold andwhere a vacuum is applied under thesheet to compress the laminate, removeexcess resin, or remove trapped air fromthe laminate during curing. Vacuumbagging does not include processes thatmeet the definition of closed molding.

Vinylester resin means athermosetting resin containing esters ofacrylic or methacrylic acids and havingdouble-bond and ester linkage sites onlyat the ends of the resin molecules.

Volume fraction of coating solidsmeans the ratio of the volume of coatingsolids (also known as volume ofnonvolatiles) to the volume of coating;liters of coating solids per liter ofcoating.

Wood coatings means coatingsapplied to wooden parts and surfaces ofboats, such as paneling, cabinets,railings, and trim. Wood coatingsinclude, but are not limited to, primers,stains, sealers, varnishes, and enamels.Polyester and vinylester resins or gelcoats applied to wooden parts toencapsulate them or bond them to otherparts are not wood coatings.

Tables to Subpart VVVV

Table 1 to Subpart VVVV—Compliance Dates for New and Existing Boat Manufacturing Facilities

As specified in § 63.5695, you must comply by the dates in the following table:

If your facility is— And— Then you must comply by this date—

1. An existing source ............................... Is a major source on or before August22, 20011.

August 23, 2004.

2. An existng or new area source ............ Becomes a major source after August22, 20011.

1 year after becoming a major source or August 22, 2002,whichever is later.

3. A new source ....................................... Is a major source at startup 1 ................ Upon startup or August 22, 2001, whichever is later.

1Your facility is a major source if it is a stationary source or group of stationary sources located within a contiguous area and under commoncontrol that emits or can potentially emit, considering controls, in the aggregate, 9.1 megagrams or more per year of a single hazardous air pol-lutant or 22.7 megagrams or more per year of a combination of hazardous air pollutants.

Table 2 to Subpart VVVV—Alternative Organic HAP Content Requirements for Open Molding Resin and Gel CoatOperations

As specified in §§ 63.5701(b), 63.5704(b)(2), and 63.5713(a), (b), and (d), you must comply with the requirementsin the following table:

For this operation— And this applicaton method—You must not exceed this weight-ed-average organic HAP content(weight percent) requirement—

1. Production resin operations ..................................... Atomized (spray) ......................................................... 28 percent.2. Production resin operations ..................................... Nonatomized (nonspray) ............................................ 35 percent.3. Pigmented gel coat operations ................................ Any method ................................................................. 33 percent.4. Clear gel coat operations ......................................... Any method ................................................................. 48 percent5. Tooling resin operations ........................................... Atomized (spray) ......................................................... 30 percent.6. Tooling resin operations ........................................... Nonatomized (nonspray) ............................................ 39 percent.7. Tooling gel coat operations ...................................... Any method ................................................................. 40 percent.

Table 3 to Subpart VVVV—MACT Model Point Value Formulas for Open Molding Operations 1

As specified in §§ 63.5710(d) and 63.5714(a), you must calculate point values using the formulas in the followingtable:

For this operation— And this application method—Use this formula to calculate the

MACT model plant value foreach resin and gel coat—

1. Production resin, tooling resin ................................. a. Atomized ................................................................. 0.014 × (Resin HAP%) 2.425

b. Atomized, plus vacumm bagging with roll-out ....... 0.01185 × (Resin HAP%) 2.425

c. Atomized, plus vacuum bagging without roll-out .... 0.00945 × (Resin HAP%) 2.425

d. Nonatomized ........................................................... 0.014 × (Resin HAP%) 2.275

e. Nonatomized, plus vaccum bagging with roll-out .. 0.0110 × (Resin HAP%) 2.275

f. Nonatomized, plus vacuum bagging without roll-out.

0.0076 × (Resin HAP%) 2.275



For this operation— And this application method—Use this formula to calculate the

MACT model plant value foreach resin and gel coat—

2. Pigmented gel coat, clear gel coat, tooling gel coat All methods ................................................................. 0.445 × (Gel coat HAP%) 1.675

1Equations calculate MACT model point value in kilograms of organic HAP per megagrams of resin or gel coat applied. The equations for vac-uum bagging with roll-out are applicable when a facility rolls out the applied resin and fabric prior to applying the vacuum bagging materials. Theequations for vacuum bagging without roll-out are applicable when a facility applies the vacuum bagging materials immediately after resin appli-cation without rolling out the resin and fabric. HAP% = organic HAP content as supplied, expressed as a weight-percent value between 0 and100 percent.

Table 4 to Subpart VVVV—Operating Limits if Using an Add-on Control Device for Open Molding OperationsAs specified in §§ 63.5715(a) and 63.5725(f)(5), you must meet the operating limits in the following table:

For the following device— You must meet the following operating limit— And you must demonstrate continuous compliance withthe operating limit by—

1. Thermal oxidizer .............. The average combustion temperature in any 3-hour pe-riod must not fall below the combustion temperaturelimit established according to § 63.5725(d).

a. Collecting the combustion temperature data accord-ing to § 63.5725(d); b. reducing the data to 3-hourblock averages; and c. maintaining the 3-hour aver-age combustion temperature at or above the tem-perature limit.

2. Other control devices ....... An operating limit approved by the Administrator ac-cording to § 63.8(f).

a. Collecting parameter monitoring as approved by theAdministrator according to § 63.8(f); and b. maintain-ing the parameters within the operating limits ap-proved according to § 63.8(f).

3. Emission capture systemthat is a PTE according to§ 63.5719(b).

a. The direction of the air flow at all times must be intothe enclosure; and b. in any 3-hour period, either theaverage facial velocity of air through all natural draftopenings in the enclosure must be at least 200 feetper minute; or c. the pressure drop across the enclo-sure must be at least 0.007 inch H2O, as establishedin Method 204 of appendix M to 40 CFR part 51.

i. Collecting the direction of air flow, and either the fa-cial velocity of air through all natural draft openingsaccording to § 63.5725(f)(3) or the pressure dropacross the enclosure according to § 63.5725(f)(4);and ii. reducing the data for facial velocity or pres-sure drop to 3-hour block averages; and iii. maintain-ing the 3-hour average facial velocity of air flowthrough all natural draft openings or the pressuredrop at or above the facial velocity limit or pressuredrop limit, and maintaining the direction of air flowinto the enclosure at all times.

4. Emission capture systemthat is not a PTE accord-ing to § 63.5719(b).

a. The average gas volumetric flow rate or duct staticpressure in each duct between a capture device andadd-on control device inlet in any 3-hour period mustnot fall below the average volumetric flow rate orduct static pressure limit established for that capturedevice according to § 63.5725(f)(5); and b. the aver-age pressure drop across an opening in each enclo-sure in any 3-hour period must not fall below the av-erage pressure drop limit established for that capturedevice according to § 63.5725(f)(5).

i. Collecting the gas volumetric flow rate or duct staticpressure for each capture device according to§ 63.5725(f)(1) and (3); ii. reducing the data to 3-hourblock averages; iii. maintaining the 3-hour averagegas volumetric flow rate or duct static pressure foreach capture device at or above the gas volumetricflow rate or duct static pressure limit; iv. collectingdata for the pressure drop across an opening in eachenclosure according to § 63.5725(f)(2) and (4); v. re-ducing the data to 3-hour block averages; and vi.maintaining the 3-hour average pressure drop acrossthe opening for each enclosure at or above the gasvolumetric flow rate or duct static pressure limit.

Table 5 to Subpart VVVV—Default Organic HAP Contents of Solvents and Solvent BlendsAs specified in § 63.5758(a)(6), when detailed organic HAP content data for solvent blends are not available, you

may use the values in the following table:

Solvent/solvent blend CAS No.Average organic

HAP content,percent by mass

Typical organic HAP, percent by mass

1. Toluene ................................................................................ 108–88–3 100 Toluene.2. Xylene(s) .............................................................................. 1330–20–7 100 Xylenes, ethylbenzene.3. Hexane ................................................................................. 110–54–3 50 n-hexane.4. n-hexane .............................................................................. 110–54–3 100 n-hexane.5. Ethylbenzene ........................................................................ 100–41–4 100 Ethylbenzene.6. Aliphatic 140 ......................................................................... ............................ 0 None.7. Aromatic 100 ........................................................................ ............................ 2 1% xylene, 1% cumene.8. Aromatic 150 ........................................................................ ............................ 9 Naphthalene.9. Aromatic naptha ................................................................... 64742–95–6 2 1% xylene, 1% cumene.10. Aromatic solvent ................................................................. 64742–94–5 10 Naphthalene.11. Exempt mineral spirits ........................................................ 8032–32–4 0 None.12. Ligroines (VM & P) ............................................................. 8032–32–4 0 None.13. Lactol spirits ....................................................................... 64742–89–6 15 Toluene.14. Low aromatic white spirit ................................................... 64742–82–1 0 None.15. Mineral spirits ..................................................................... 64742–88–7 1 Xylenes.16. Hydrotreated naphtha ........................................................ 64742–48–9 0 None.



Solvent/solvent blend CAS No.Average organic

HAP content,percent by mass


17. Hydrotreated light distillate ................................................. 64742–47–8 0.1 Toluene.18. Stoddard solvent ................................................................ 8052–41–3 1 Xylenes.19. Super high-flash naphtha ................................................... 64742–95–6 5 Xylenes.20. Varol solvent .................................................................... 8052–49–3 1 0.5% xylenes, 0.5% ethyl benzene.21. VM & P naphtha ................................................................. 64742–89–8 6 3% toluene, 3% xylene.22. Petroleum distillate mixture ................................................ 68477–31–6 8 4% naphthalene, 4% biphenyl.

Table 6 to Subpart VVVV—Default Organic HAP Contents of Petroleum Solvent GroupsAs specified in § 63.5758(a)(6), when detailed organic HAP content data for solvent blends are not available, you

may use the values in the following table:

Solvent typeAverage organic

HAP content, per-cent by mass


Aliphatic (Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydro-carbon, Aliphatic Hydrocarbon, Aliphatic Naptha, Naphthol Spirits, PetroleumSpirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent Blend.).

3 1% Xylene, 1% Toluene, and 1%Ethylbenzene.

Aromatic (Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, LightAromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons,Light Aromatic Solvent.).

6 4% Xylene, 1% Toluene, and 1%Ethylbenzene.

Table 7 to Subpart VVVV—Applicability and Timing of NotificationsAs specified in § 63.5761(a), you must submit notifications according to the following table:

If your facility— You must submit— By this date—

1. Is an existing source subject to this subpart An initial notification containing the informa-tion specified in § 63.9(b)(2).

No later than the dates specified in§ 63.9(b)(2).

2. Is a new source subject to this subpart ......... The notifications specified in § 63.9(b) (3) to(5).

No later than the dates specified § 63.9(b)(4)and (5).

3. Qualifies for a compliance extension asspecified in § 63.9(c).

A request for a compliance extension asspecified in § 63.9(c).

No later than the dates specified in § 63.6(i).

4. Is complying with organic HAP content limits,application equipment requirements; orMACT model point value averaging provi-sions.

A notification of compliance status as speci-fied in § 63.9(h).

No later than 30 calendar days after the endof the first 12-month averaging period afteryour facility’s compliance date.

5. Is complying by using an add-on control de-vice.

a. notification of intent to conduct a perform-ance test as specified in § 63.9(e).

No later than the date specified in § 63.9(e).

b. A notification of the date for the continuousmonitoring system performance evaluationas specified in § 63.9(g).

With the notification of intent to conduct a per-formance test.

c. A notification of compliance status as spec-ified in § 63.9(h).

No later than 60 calendar days after the com-pletion of the add-on control device per-formance test and continuous monitoringsystem performance evaluation.

Table 8 to Subpart VVVV—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart VVVVAs specified in § 63.5773, you must comply with the applicable requirements of the General Provisions according

to the following table:

Citation Requirement Applies to subpart VVVV Explanation

§ 63.1(a) ............................... General Applicability ................................ Yes.§ 63.1(b) ............................... Initial Applicability Determination ............ Yes.§ 63.1(c)(1) ........................... Applicability After Standard Established Yes.§ 63.1(c)(2) ........................... .................................................................. Yes .................................... Area sources are not regulated by sub-

part VVVV.§ 63.1(c)(3) ........................... .................................................................. No ...................................... [Reserved]§ 63.1(c)(4)–(5) .................... .................................................................. Yes.§ 63.1(d) ............................... .................................................................. No ...................................... [Reserved]63.1(e) ................................. Applicability of Permit Program ............... Yes.§ 63.2 ................................... Definitions ................................................ Yes .................................... Additional definitions are found in

§ 63.5779.§ 63.3 ................................... Units and Abbreviations .......................... Yes.§ 63.4(a) ............................... Prohibited Activities ................................. Yes.§ 63.4(b)–(c) ......................... Circumvention/Severability ...................... Yes.§ 63.5(a) ............................... Construction/Reconstruction ................... Yes.§ 63.5(b) ............................... Requirements for Existing, Newly Con-

structed, and Reconstructed Sources.Yes.




§ 63.5(c) ............................... .................................................................. No ...................................... [Reserved]§ 63.5(d) ............................... Application for Approval of Construction/

Reconstruction.Yes.

§ 63.5(e) ............................... Approval of Construction/Reconstruction Yes.§ 63.5(f) ................................ Approval of Construction/Reconstruction

Based on prior State Review.Yes.

§ 63.6(a) ............................... Compliance with Standards and Mainte-nance Requirements—Applicability.

Yes.

§ 63.6(b) ............................... Compliance Dates for New and Recon-structed Sources.

Yes .................................... § 63.695 specifies compliance dates, in-cluding the compliance date for newarea sources that become majorsources after the effective date of therule.

§ 63.6(c) ............................... Compliance Dates for Existing Sources Yes .................................... § 63.5695 specifies compliance dates,including the compliance date for ex-isting area sources that become majorsources after the effective date of therule.

§ 63.6(d) ............................... .................................................................. No ...................................... [Reserved]§ 63.6(e)(1)–(2) .................... Operation and Maintenance Require-

ments.No ...................................... Operating requirements for open mold-

ing operations with add-on controlsare specified in § 63.5725.

§ 63.6(e)(3) .......................... Startup, Shut Down, and MalfunctionPlans.

Yes .................................... Only sources with add-on controls mustcomplete startup, shutdown, and mal-function plans.

§ 63.6(f) ................................ Compliance with Nonopacity EmissionStandards.

Yes.

§ 63.6(g) ............................... Use of an Alternative Nonopacity Emis-sion Standard.

Yes.

§ 63.6(h) ............................... Compliance with Opacity/Visible Emis-sions Standards.

No ...................................... Subpart VVVV does not specify opacityor visible emission standards.

§ 63.6(i) ................................ Extension of Compliance with EmissionStandards.

Yes.

§ 63.6(j) ................................ Exemption from Compliance with Emis-sion Standards.

Yes.

§ 63.7(a)(1) .......................... Performance Test Requirements ............ Yes.§ 63.7(a)(2) .......................... Dates for performance tests .................... No ...................................... § 63.5716 specifies performance test

dates.§ 63.7(a)(3) .......................... Performance testing at other times ......... Yes.§ 63.7(b)–(h) ........................ Other performance testing requirements Yes.§ 63.8(a)(1)–(2) .................... Monitoring Requirements—Applicability .. Yes .................................... All of § 63.8 applies only to sources with

add-on controls. Additional monitoringrequirements for sources with add-oncontrols are found in § 63.5725.

§ 63.8(a)(3) .......................... .................................................................. No ...................................... [Reserved]§ 63.8(a)(4) .......................... .................................................................. No ...................................... Subpart VVVV does not refer directly or

indirectly to § 63.11.§ 63.8(b)(1) .......................... Conduct of Monitoring ............................. Yes.§ 63.8(b)(2)–(3) .................... Multiple Effluents and Multiple Contin-

uous Monitoring Systems (CMS).Yes .................................... Applies to sources that use a CMS on

the control device stack.§ 63.8(c)(1)–(4) .................... Continuous Monitoring System Oper-

ation and Maintenance.Yes.

§ 63.8(c)(5) ........................... Continuous Opacity Monitoring Systems(COMS).

No ...................................... Subpart VVVV does not have opacity orvisible emission standards.

§ 63.8(c)(6)–(8) .................... Continuous Monitoring System Calibra-tion Checks and Out-of-Control Peri-ods.

Yes.

§ 63.8(d) ............................... Quality Control Program .......................... Yes.§ 63.8(e) ............................... CMS Performance Evaluation ................. Yes.§ 63.8(f)(1)–(5) ..................... Use of an Alternative Monitoring Method Yes.§ 63.8(f)(6) ........................... Alternative to Relative Accuracy Test ..... Yes .................................... Applies only to sources that use contin-

uous emission monitoring systems(CEMS).

§ 63.8(g) ............................... Data Reduction ........................................ Yes ....................................§ 63.9(a) ............................... Notification Requirements—Applicability Yes.§ 63.9(b) ............................... Initial Notifications ................................... Yes ....................................§ 63.9(c) ............................... Request for Compliance Extension ......... Yes.§ 63.9(d) ............................... Notification That a New Source Is Sub-

ject to Special Compliance Require-ments.

Yes.

§ 63.9(e) ............................... Notification of Performance Test ............. Yes .................................... Applies only to sources with add-on con-trols.

§ 63.9(f) ................................ Notification of Visible Emissions/OpacityTest.

No ...................................... Subpart VVVV does not have opacity orvisible emission standards.




§ 63.9(g)(1) .......................... Additional CMS Notifications—Date ofCMS Performance Evaluation.

Yes .................................... Applies only to sources with add-on con-trols.

§ 63.9(g)(2) .......................... Use of COMS Data ................................. No ...................................... Subpart VVVV does not require the useof COMS.

§ 63.9(g)(3) .......................... Alternative to Relative Accuracy Testing Yes .................................... Applies only to sources with CEMS.§ 63.9(h) ............................... Notification of Compliance Status ........... Yes.§ 63.9(i) ................................ Adjustment of Deadlines ......................... Yes.§ 63.9(j) ................................ Change in Previous Information .............. Yes.§ 63.10(a) ............................. Recordkeeping/Reporting—Applicability Yes.§ 63.10(b)(1) ........................ General Recordkeeping Requirements ... Yes .................................... §§ 63.567 and 63.5770 specify additional

recordkeeping requirements.§ 63.10(b)(2)(i)–(xi) .............. Recordkeeping Relevant to Startup,

Shutdown, and Malfunction Periodsand CMS.


§ 63.10(b)(2)(xii)–(xiv) .......... General Recordkeeping Requirements ... Yes.§ 63.10(b)(3) ........................ Recordkeeping Requirements for Appli-

cability Determinations.Yes .................................... § 63.5686 specifies applicability deter-

minations for non-major sources.§ 63.10(c) ............................. Additional Recordkeeping for Sources

with CMS.Yes .................................... Applies only to sources with add-on con-

trols.§ 63.10(d)(1) ........................ General Reporting Requirements ........... Yes .................................... § 63.5764 specifies additional reporting

requirements.§ 63.10(d)(2) ........................ Performance Test Results ....................... Yes .................................... § 63.5764 specifies additional require-

ments for reporting performance testresults.

§ 63.10(d)(3) ........................ Opacity or Visible Emissions Observa-tions.

No ...................................... Subpart VVVV does not specify opacityor visible emission standards.

§ 63.10(d)(4) ........................ Progress Reports for Sources with Com-pliance Extensions.

Yes.

§ 63.10(d)(5) ........................ Startup, Shutdown, and Malfunction Re-ports.


§ 63.10(e)(1) ........................ Additional CMS Reports—General ......... Yes .................................... Applies only to sources with add-on con-trols.

§ 63.10(e)(2) ........................ Reporting Results of CMS PerformanceEvaluations.


§ 63.10(e)(3) ........................ Excess Emissions/CMS PerformanceReports.


§ 63.10(e)(4) ........................ COMS Data Reports ............................... No ...................................... Subpart VVVV does not specify opacityor visible emission standards.

§ 63.10(f) .............................. Recordkeeping/Reporting Waiver ........... Yes.§ 63.11 ................................. Control Device Requirements—Applica-

bility.No ...................................... Facilities subject to subpart VVVV do not

use flares as control devices.§ 63.12 ................................. State Authority and Delegations ............. Yes .................................... § 63.5776 lists those sections of subpart

A that are not delegated.§ 63.13 ................................. Addresses ................................................ Yes.§ 63.14 ................................. Incorporation by Reference ..................... Yes.§ 63.15 ................................. Availability of Information/Confidentiality Yes.

[FR Doc. 01–20895 Filed 8–21–01; 8:45 am]BILLING CODE 6560–50–P


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