Monday,

April
14,
2003
Part
VII
Environmental
Protection
Agency
40
CFR
Part
63
National
Emission
Standards
for
Hazardous
Air
Pollutants:
Flexible
Polyurethane
Foam
Fabrication
Operations;
Final
Rule
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14,
2003
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Rules
and
Regulations
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
63
[
OAR
 
2002
 
0080;
FRL
 
7461
 
1]

RIN
2060
 
AH42
National
Emission
Standards
for
Hazardous
Air
Pollutants:
Flexible
Polyurethane
Foam
Fabrication
Operations
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Final
rule.

SUMMARY:
This
action
promulgates
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
for
new
and
existing
sources
at
flexible
polyurethane
foam
fabrication
facilities.
The
EPA
has
identified
flexible
polyurethane
foam
fabrication
facilities
as
major
sources
of
hazardous
air
pollutants
(
HAP)
emissions.
These
standards
will
implement
section
112(
d)
of
the
Clean
Air
Act
(
CAA)
by
requiring
all
such
major
sources
to
meet
HAP
emission
standards
that
reflect
the
application
of
maximum
achievable
control
technology
(
MACT).
The
primary
HAP
that
will
be
controlled
with
this
action
include
hydrochloric
acid
(
HCl),
2,4­
toluene
diisocyanate
(
TDI),
and
hydrogen
cyanide
(
HCN).
This
action
will
also
preclude
the
use
of
methylene
chloride.
Exposure
to
these
substances
has
been
demonstrated
to
cause
adverse
health
effects
such
as
irritation
of
the
lung,
eye,
and
mucous
membranes,
effects
on
the
central
nervous
system,
and
cancer.
We
do
not
have
the
type
of
current
detailed
data
on
each
of
the
facilities
and
the
people
living
around
the
facilities
covered
by
today's
final
rule
for
this
source
category
that
would
be
necessary
to
conduct
an
analysis
to
determine
the
actual
population
exposures
to
the
HAP
emitted
from
these
facilities
and
the
potential
for
resultant
health
effects.
Therefore,
we
do
not
know
the
extent
to
which
the
adverse
health
effects
described
above
occur
in
the
populations
surrounding
these
facilities.
However,
to
the
extent
the
adverse
effects
do
occur,
and
today's
final
rule
reduces
emissions,
subsequent
exposures
will
be
reduced.
This
final
rule
will
reduce
HAP
emissions
by
6.5
tons
per
year
(
tpy)
from
each
new
or
reconstructed
affected
source
performing
flame
lamination.

EFFECTIVE
DATE:
April
14,
2003.
ADDRESSES:
Docket.
We
have
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OAR
 
2002
 
0080
or
A
 
2000
 
43;
available
for
public
viewing
at
the
Office
of
Air
and
Radiation
Docket
and
Information
Center
(
Air
Docket)
in
the
EPA
Docket
Center,
(
EPA/
DC)
EPA
West,
Room
B102,
1301
Constitution
Avenue,
NW.,
Washington,
DC.

FOR
FURTHER
INFORMATION
CONTACT:
For
information
concerning
applicability
and
rule
determinations,
contact
your
State
or
local
regulatory
agency
representative
or
the
appropriate
EPA
Regional
Office
representative.
For
information
concerning
analyses
performed
in
developing
this
rule,
contact
Ms.
Maria
Noell,
Organic
Chemicals
Group,
Emission
Standards
Division
(
C504
 
04),
U.
S.
EPA,
Research
Triangle
Park,
North
Carolina,
27711;
telephone
number
(
919)
541
 
5607;
fax
number
(
919)
541
 
0942;
electronic
mail
address:
noell.
maria@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
Docket.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566
 
1744,
and
the
telephone
number
for
the
Air
Docket
is
(
202)
566
 
1742.
Electronic
Docket
Access.
You
may
access
the
final
rule
electronically
through
the
EPA
Internet
under
the
Federal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
view
public
comments,
access
the
index
listing
of
the
contents
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
in
the
above
paragraph
entitled
``
Docket.''
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
identification
number.
Judicial
Review.
Under
CAA
section
307(
b),
judicial
review
of
the
final
NESHAP
is
available
only
by
filing
a
petition
for
review
in
the
U.
S.
Court
of
Appeals
for
the
District
of
Columbia
Circuit
on
or
before
June
13,
2003.
Only
those
objections
to
the
NESHAP
which
were
raised
with
reasonable
specificity
during
the
period
for
public
comment
may
be
raised
during
judicial
review.
Under
section
307(
b)(
2)
of
the
CAA,
the
requirements
established
by
today's
final
action
may
not
be
challenged
separately
in
any
civil
or
criminal
proceeding
we
bring
to
enforce
these
requirements.
Regulated
Entities.
Categories
and
entities
potentially
regulated
by
this
action
include:

Category
SICa
NAICSb
Regulated
entities
Industry
................................
3086
32615
Fabricators
of
flexible
polyurethane
foam.

a
Standard
Industrial
Classification.
b
North
American
Information
Classification
System
This
list
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
regulated
by
this
action.
To
determine
whether
your
facility
is
regulated
by
this
action,
you
should
examine
the
applicability
criteria
in
§
63.8782
of
the
rule.
If
you
have
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
your
State
or
local
agency
(
or
EPA
Regional
Office)
described
in
the
preceding
FOR
FURTHER
INFORMATION
CONTACT
section.
Worldwide
Web
(
WWW).
In
addition
to
being
available
in
the
docket,
an
electronic
copy
of
this
final
rule
will
also
be
available
on
the
WWW
through
the
Technology
Transfer
Network
(
TTN).
Following
signature,
a
copy
of
the
rule
will
be
posted
on
the
TTN's
policy
and
guidance
page
for
newly
proposed
or
promulgated
rules
http://
www.
epa.
gov/
ttn/
oarpg.
Outline.
The
information
in
this
preamble
is
organized
as
follows:

I.
Introduction
and
Background
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April
14,
2003
/
Rules
and
Regulations
A.
What
is
the
source
of
authority
for
development
of
NESHAP?
B.
What
criteria
are
used
in
the
development
of
NESHAP?
C.
How
did
the
public
participate
in
developing
the
rule?
D.
Description
of
Source
Category
II.
Summary
of
Changes
Since
Proposal
III.
Summary
of
the
Final
Rule
A.
What
are
the
affected
sources?
B.
What
are
the
emissions
limitations
and
compliance
dates?
C.
What
are
the
testing,
initial
compliance,
and
continuous
compliance
requirements?
D.
What
are
the
notification,
recordkeeping,
and
reporting
requirements?
IV.
Summary
of
Major
Comments
and
Responses
A.
What
sources
are
subject
to
the
rule?
B.
What
issues
were
raised
regarding
adhesive­
use
sources?
C.
What
issues
were
raised
regarding
flame
lamination
sources?
V.
What
are
the
environmental,
cost,
and
economic
impacts
of
the
final
rule?
VI.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866
 
Regulatory
Planning
and
Review
B.
Paperwork
Reduction
Act
C.
Regulatory
Flexibility
Act
(
RFA)
D.
Unfunded
Mandates
Reform
Act
of
1995
E.
Executive
Order
13132
 
Federalism
F.
Executive
Order
13175
 
Consultation
and
Coordination
with
Indian
Tribal
Governments
G.
Executive
Order
13045
 
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
H.
Executive
Order
13211
 
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
I.
National
Technology
Transfer
and
Advancement
Act
of
1995
J.
Congressional
Review
Act
I.
Introduction
and
Background
A.
What
Is
the
Source
of
Authority
for
Development
of
NESHAP?
Section
112
of
the
CAA
requires
us
to
list
categories
and
subcategories
of
major
sources
and
area
sources
of
HAP
and
to
establish
NESHAP
for
the
listed
source
categories
and
subcategories.
The
category
of
major
sources
covered
by
today's
final
rule
was
listed
on
July
16,
1992
(
57
FR
31576).
Major
source
under
section
112
means
any
stationary
source
or
group
of
stationary
sources
located
within
a
contiguous
area
and
under
common
control
that
emits
or
has
the
potential
to
emit,
considering
controls,
10
tpy
or
more
of
any
one
HAP
or
25
tpy
or
more
of
any
combination
of
HAP.

B.
What
Criteria
Are
Used
in
the
Development
of
NESHAP?
Section
112
of
the
CAA
requires
that
we
establish
NESHAP
for
the
control
of
HAP
from
both
new
and
existing
major
sources.
The
CAA
requires
the
NESHAP
to
reflect
the
maximum
degree
of
reduction
in
emissions
of
HAP
that
is
achievable.
This
level
of
control
is
commonly
referred
to
as
the
MACT.
The
minimum
control
level
allowed
for
NESHAP,
which
we
refer
to
as
the
``
MACT
floor,''
is
defined
under
section
112(
d)(
3)
of
the
CAA.
In
essence,
the
MACT
floor
ensures
that
standards
are
set
at
a
level
that
assures
that
all
major
sources
achieve
the
level
of
control
at
least
as
stringent
as
that
already
achieved
by
the
better­
controlled
and
lower­
emitting
sources
in
each
source
category
or
subcategory.
For
new
sources,
the
MACT
floor
cannot
be
less
stringent
than
the
emission
control
that
is
achieved
in
practice
by
the
bestcontrolled
similar
source.
The
MACT
standards
for
existing
sources
can
be
less
stringent
than
standards
for
new
sources,
but
they
cannot
be
less
stringent
than
the
average
emission
limitation
achieved
by
the
bestperforming
12
percent
of
existing
sources
in
the
category
or
subcategory
(
or
the
best­
performing
five
sources
for
categories
or
subcategories
with
fewer
than
30
sources).
In
developing
MACT,
we
also
consider
control
options
that
are
more
stringent
than
the
floor.
We
may
establish
standards
more
stringent
than
the
floor
based
on
consideration
of
the
cost
of
achieving
the
emission
reductions,
any
non­
air
quality
health
and
environmental
impacts,
and
energy
requirements.

C.
How
Did
the
Public
Participate
in
Developing
the
Rule?
Prior
to
proposal,
we
met
with
industry
representatives
and
State
regulatory
authorities
several
times
to
discuss
the
data
and
information
used
to
develop
the
proposed
standards.
In
addition,
these
and
other
potential
stakeholders,
including
equipment
vendors
and
environmental
groups,
had
opportunity
to
comment
on
the
proposed
standards.
The
proposed
rule
was
published
in
the
Federal
Register
on
August
8,
2001
(
66
FR
41718).
The
preamble
to
the
proposed
rule
discussed
the
availability
of
technical
support
documents,
which
described
in
detail
the
information
gathered
during
the
standards
development
process.
Public
comments
were
solicited
at
proposal,
including
a
specific
request
for
comments
with
regard
to
the
potential
existence
of
nonslitter
adhesive
use
by
major
sources.
We
received
eight
public
comment
letters
on
the
proposed
rule.
The
commenters
represent
the
following
affiliations:
foam
fabricators
(
2
companies),
industrial
trade
associations
(
5),
and
one
private
research
group.
In
the
post­
proposal
period,
we
talked
with
commenters
and
other
stakeholders
to
clarify
comments
and
to
assist
in
our
analysis
of
the
comments.
Records
of
these
contacts
are
found
in
Docket
OAR
 
2000
 
0080
or
Docket
A
 
2000
 
43.
All
of
the
comments
have
been
carefully
considered,
and,
where
appropriate,
changes
have
been
made
for
the
final
rule.

D.
Description
of
Source
Category
Today's
NESHAP
apply
to
the
Flexible
Polyurethane
Foam
Fabrication
Operations
source
category.
This
source
category
includes
operations
engaged
in
cutting,
gluing,
and/
or
laminating
pieces
of
flexible
polyurethane
foam.
This
includes
fabrication
operations
that
are
located
at
foam
production
plants,
as
well
as
those
that
are
located
off­
site
from
foam
production
plants.
We
have
identified
two
subcategories
under
the
Flexible
Polyurethane
Foam
Fabrication
Operations
source
category.
These
subcategories
are
loop
slitter
HAP­
based
adhesive
use
and
flame
lamination.
Loop
Slitter
Adhesive
Use:
A
loop
slitter
is
a
large
machine
used
to
create
thin
sheets
of
foam
from
the
large
blocks
of
foam
or
``
buns''
created
at
a
foam
production
plant.
In
order
to
comply
with
Occupational
Health
and
Safety
Administration
(
OSHA)
regulations,
loop
slitters
have
converted
from
a
reliance
on
methylene
chloride­
based
adhesives
to
other
non­
HAP
alternatives
since
the
mid­
1990'
s.
As
a
result
of
the
OSHA
regulations,
we
believe
that
the
foam
fabrication
industry
has
effectively
discontinued
the
use
of
methylene
chloride­
based
adhesives
on
loop
slitters.
Consequently,
our
estimate
of
current
nationwide
HAP
emissions
from
loop
slitter
adhesive
use
prior
to
the
development
of
the
NESHAP
(
referred
to
as
``
baseline
emissions'')
is
zero.
Flame
Lamination:
In
the
flame
lamination
process,
foam
is
scorched
to
adhere
it
to
various
substrates.
This
process
releases
particulates
and
HAP.
We
have
identified
HCN,
TDI,
and
HCl
as
HAP
emitted
as
a
result
of
flame
lamination.
Specific
HAP
released
are
dependent
on
the
contents
of
the
foam
being
laminated
at
a
given
time.
With
the
exception
of
HCl,
these
HAP
are
generally
released
in
very
small
amounts.

II.
Summary
of
Changes
Since
Proposal
In
response
to
comments
received
on
the
proposed
NESHAP
and
further
analysis,
we
made
two
significant
changes
for
the
final
rule,
and
a
small
number
of
other
changes
for
editorial
purposes
and
clarification.

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/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Rules
and
Regulations
The
proposed
rule
included
an
emission
limit
for
loop
slitters
of
zero
HAP
emissions.
Information
subsequently
supplied
by
commenters
and
industry
contacts
demonstrated
that
the
widely
used
n­
propyl
bromide
adhesives
originally
believed
to
be
non­
HAP
actually
contain
small
amounts
of
HAP.
In
accordance
with
the
definition
of
``
HAP­
based''
in
the
Flexible
Polyurethane
Foam
Production
NESHAP
(
40
CFR
part
63,
subpart
III),
we
have
changed
the
definition
of
``
HAP­
based
adhesive''
to
contain
5
percent
(
by
weight)
or
more
of
HAP.
We
also
changed
the
emission
limit
accordingly.
At
post
proposal,
it
came
to
our
attention
that
the
test
methods
specified
for
measurement
of
HCN
emissions
from
process,
storage
tank,
and
transfer
vents
(
EPA
Methods
18,
25,
and
25A)
have
not
been
validated
for
measurement
of
HCN.
Test
methods
that
have
been
used
for
measurement
of
HCN
include
the
EPA
Conditional
Test
Method
CTM
 
033
``
Draft
Method
for
Sampling
and
Analysis
of
Hydrogen
Cyanide
Emissions
for
Stationary
Sources''
and
California
Air
Resources
Board
Method
426
(
http://
www.
epa.
gov/
ttn/
emc/
ctm.
html)
modified
to
use
ion
chromatography
for
sample
analysis.
However,
neither
of
these
methods
have
been
fully
validated
at
this
time.
Consequently,
the
final
rule
has
been
written
to
require
that
the
data
from
any
test
method
used
to
measure
HCN
emissions
from
flame
lamination
sources
must
be
validated
using
EPA
Method
301.
Another
change
made
for
the
final
rule
was
the
addition
of
a
definition
for
``
research
and
development
process''
to
clarify
the
provision
in
§
63.8782(
d)(
2)
that
such
processes
are
not
subject
to
the
rule,
and
a
change
to
§
63.8786(
e)
so
that
collection
of
compliance
data
prior
to
the
compliance
date
is
no
longer
required.
We
proposed
to
exclude
non­
slitters
from
the
source
category
based
on
our
findings
that
there
were
no
non­
slitters
using
HAP­
based
adhesives
located
on
the
site
of
a
major
source,
and
solicited
comment
and
supporting
information
regarding
that
issue.
We
received
no
comment
or
supporting
information
contrary
to
our
findings,
therefore,
we
are
excluding
the
non­
slitter
adhesive
use
from
the
source
category
definition.
Additional
changes
were
insignificant
and
editorial
in
nature.
III.
Summary
of
Final
Rule
A.
What
Are
the
Affected
Sources?

The
final
rule
defines
two
affected
sources
(
units
or
collections
of
units
to
which
a
given
standard
or
limit
applies)
corresponding
to
the
two
subcategories,
loop
slitter
adhesive
use
and
flame
lamination.
The
loop
slitter
adhesive
use
affected
source
is
the
collection
of
loop
slitters
and
associated
adhesive
application
equipment
used
to
apply
HAP­
based
adhesives
to
bond
foam
to
foam
at
a
flexible
polyurethane
foam
fabrication
plant
site.
Loop
slitter
affected
sources,
located
at
plant
sites
that
are
major
sources
of
HAP,
that
are
using
HAP­
based
adhesives
on
or
after
April
14,
2003,
are
subject
to
the
NESHAP,
including
the
applicable
emission
limit
and
reporting
and
recordkeeping
requirements.
However,
loop
slitter
affected
sources
that
have
eliminated
use
of
HAP­
based
adhesives
by
April
14,
2003,
are
not
subject
to
the
NESHAP.
The
flame
lamination
affected
source
is
the
collection
of
all
flame
laminators
and
associated
rollers
at
a
flexible
polyurethane
foam
fabrication
plant
site
associated
with
the
flame
lamination
of
foam
to
any
substrate.

B.
What
Are
the
Emission
Limitations
and
Compliance
Dates?

If
you
own
or
operate
an
existing,
new,
or
reconstructed
loop
slitter
adhesive
use
affected
source,
the
final
rule
prohibits
you
from
using
any
HAPbased
adhesives.
We
are
defining
HAPbased
adhesives
as
adhesives
containing
5
percent
(
by
weight)
or
greater
of
HAP,
where
the
concentration
of
HAP
may
be
determined
using
EPA
Method
311
(
Analysis
of
Hazardous
Air
Pollutant
Compounds
in
Paints
and
Coatings
by
Direct
Injection
Into
a
Gas
Chromatograph)
or
other
approved
information.
Existing
affected
sources
must
be
in
compliance
by
April
14,
2004.
New
or
reconstructed
sources
must
be
in
compliance
by
the
date
of
startup
of
the
affected
source,
or
by
April
14,
2003,
whichever
is
later.
If
you
own
or
operate
an
existing
flame
lamination
affected
source,
you
are
not
required
to
meet
any
emission
limitation;
you
are
only
subject
to
a
requirement
to
submit
an
initial
notification
within
120
days
after
April
14,
2003.
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
the
NESHAP
requires
that
you
reduce
HAP
emissions
from
the
affected
source
by
90
percent.
Your
new
or
reconstructed
flame
lamination
affected
source
must
be
in
compliance
with
the
emission
limit
upon
startup
or
by
April
14,
2003,
whichever
is
later.
C.
What
Are
the
Testing,
Initial
Compliance,
and
Continuous
Compliance
Requirements?

If
you
own
or
operate
a
flexible
polyurethane
foam
fabrication
loop
slitter
adhesive
use
or
flame
lamination
affected
source,
you
must
comply
with
the
testing,
initial
compliance,
and
continuous
compliance
requirements
in
the
following
paragraphs.

Loop
Slitter
Adhesive
Use
If
you
own
or
operate
a
loop
slitter
affected
source,
you
must
demonstrate
initial
and
continuous
compliance
by
certifying
that
no
HAP­
based
adhesives
are
or
will
be
used.
You
must
submit
this
initial
certification
within
60
days
of
the
compliance
date.
The
certification
must
be
accompanied
by
documentation
stating
what
the
facility
will
use
for
adhesives,
along
with
supporting
information
to
document
the
HAP
content
of
adhesives
used
at
the
facility,
such
as
Method
311
results
or
other
approved
information.
Thereafter,
on
a
yearly
basis,
you
must
recertify
compliance,
including
HAP
content
information
on
any
new
adhesives
used
at
the
source.
The
final
rule
allows
you
to
use
methods
other
than
Method
311,
including
an
approved
alternative
method
or
any
other
reasonable
means
to
determine
the
HAP
content
of
adhesives.
Other
reasonable
means
include
a
material
safety
data
sheet
(
MSDS),
a
certified
product
data
sheet
(
CPDS),
or
a
manufacturer's
hazardous
air
pollutant
data
sheet.
However,
if
the
results
of
an
analysis
by
EPA
Method
311
are
different
from
the
HAP
content
determined
by
another
means,
the
EPA
Method
311
results
will
govern
compliance
determinations.
You
are
not
required
to
test
the
materials
used,
but
the
Administrator
may
require
a
test
using
EPA
Method
311
(
or
an
approved
alternative
method)
to
confirm
the
reported
HAP
content.

Flame
Lamination
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
the
final
rule
requires
that
you
demonstrate
initial
compliance
by
conducting
a
performance
test
within
180
days
after
the
compliance
date
that
demonstrates
that
HAP
emissions
are
being
reduced
by
90
percent.
In
order
to
demonstrate
continuous
compliance
with
this
emissions
limit,
you
must
continuously
monitor
control
device
parameters.
Specifically
for
venturi
scrubbers,
which
we
believe
will
be
the
control
device
of
choice
in
most
situations,
you
are
required
to
continuously
monitor
the
pH
of
the
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scrubber
effluent,
the
scrubber
liquid
flow
rate,
and
the
pressure
drop
across
the
venturi.
You
must
demonstrate
continuous
compliance
by
these
monitored
parameters
staying
within
the
operating
limits.
Operating
limits
must
be
established
for
each
parameter
based
on
monitoring
conducted
during
the
initial
performance
test
and
reported
in
your
facility's
Notification
of
Compliance
Status
Report.

D.
What
Are
the
Notification,
Recordkeeping,
and
Reporting
Requirements?
If
you
own
or
operate
foam
fabrication
operations
at
major
sources,
you
must
submit
several
notifications
and
reports,
which
are
listed
and
then
briefly
described
in
this
section.
First,
you
must
submit
an
initial
notification.
In
addition,
if
you
own
or
operate
a
flexible
polyurethane
loop
slitter
adhesive
use
affected
source
or
a
new
or
reconstructed
flame
lamination
affected
source,
you
must
also
submit
the
following
notification
and
reports:
 
Notification
of
Intent
to
Conduct
a
Performance
Test
(
new
or
reconstructed
flame
laminators
only);
 
Notification
of
Compliance
Status
reports;
 
Periodic
Compliance
reports;
and
 
Startup,
Shutdown,
and
Malfunction
reports
(
new
or
reconstructed
flame
laminators
only).
For
the
Initial
Notification,
you
must
notify
us
that
your
facility
is
subject
to
the
Flexible
Polyurethane
Foam
Fabrication
Operations
NESHAP,
and
provide
specified
basic
information
about
your
facility.
You
must
submit
this
notification
within
120
days
after
April
14,
2003,
for
existing
affected
sources.
If
you
own
or
operate
a
new
or
reconstructed
affected
source,
you
are
required
to
submit
the
application
for
construction
or
reconstruction
required
by
§
63.9(
b)(
iii)
of
the
40
CFR
part
63,
subpart
A,
in
lieu
of
the
Initial
Notification.
For
the
Notification
of
Intent
report,
for
each
new
or
reconstructed
flame
lamination
affected
source
that
you
own
or
operate,
you
must
notify
us
in
writing
of
the
intent
to
conduct
a
performance
test
at
least
60
days
before
the
performance
test
is
scheduled
to
begin.
You
must
submit
the
Notification
of
Compliance
Status
report
within
60
days
of
completion
of
the
performance
test.
As
part
of
the
Notification
of
Compliance
Status,
you
must
include
a
certified
notification
of
compliance
that
states
the
compliance
status
of
the
facility,
along
with
supporting
information
(
e.
g.,
performance
test
results
and
operating
parameter
values
and
ranges).
If
you
own
or
operate
a
source
complying
with
the
standards
for
loop
slitter
adhesive
use,
you
must
submit
the
Notification
of
Compliance
Status
within
60
days
of
the
compliance
date.
In
the
Notification
of
Compliance
Status,
you
must
list
each
adhesive
used
at
the
affected
source,
the
manufacturer
or
supplier
of
each,
and
the
individual
HAP
content
(
percent
by
mass)
of
each
adhesive
that
is
used.
If
you
own
or
operate
a
facility
that
is
subject
to
control
requirements
under
these
NESHAP,
you
must
submit
a
Periodic
Compliance
report,
which
reports
continued
compliance
with
the
flame
lamination
new
source
emission
limit
semiannually,
and
continued
compliance
with
the
loop
slitter
adhesive
use
HAP­
based
usage
limit
annually.
Finally,
for
the
Startup,
Shutdown,
and
Malfunction
report,
if
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
you
must
report
any
startup,
shutdown,
or
malfunction
during
the
reporting
period
which
does
not
meet
the
emission
limitations
set
out
in
40
CFR
63.8790
and
is
not
in
the
facility's
startup,
shutdown,
and
malfunction
plan.
If
you
own
or
operate
a
flame
lamination
or
loop
slitter
adhesive
use
source,
you
must
maintain
records
of
reported
information
and
other
information
necessary
to
document
compliance
(
e.
g.,
records
related
to
malfunction,
records
that
show
continuous
compliance
with
emission
limits)
for
5
years.

IV.
Summary
of
Major
Comments
and
Responses
This
section
includes
discussion
of
significant
comments
on
the
proposed
rule.
For
a
complete
summary
of
all
the
comments
received
on
the
proposed
rule
and
our
responses
to
them,
refer
to
the
``
Background
Information
Document
for
Promulgation
of
National
Emissions
Standards
for
Hazardous
Air
Pollutant
(
NESHAP):
Flexible
Polyurethane
Foam
Fabrication''
(
hereafter
called
the
``
response
to
comments
document'')
in
Docket
OAR
 
2002
 
0080
or
A
 
2000
 
43.
The
docket
also
contains
the
actual
comment
letters
and
supporting
documentation
developed
for
the
final
rule.

A.
What
Sources
Are
Subject
to
the
Rule?
Comment:
We
received
one
comment
requesting
that
we
regulate
area
sources
in
the
flexible
polyurethane
foam
fabrication
industry.
The
commenter
asserted
that
there
are
a
large
number
of
area
sources
in
this
source
category
and
cited
examples
of
other
source
categories
for
which
both
area
and
major
sources
are
regulated.
Response:
According
to
section
112(
c)(
3)
of
the
CAA,
the
Administrator
must
list
area
source
categories
separately
from
major
source
categories,
and
only
if
the
Administrator
finds
that
a
category
of
area
sources
''*
*
*
presents
a
threat
of
adverse
effects
to
human
health
or
the
environment
(
by
such
sources
individually
or
in
the
aggregate)
warranting
regulation
under
this
section.''
We
have
listed
flexible
foam
fabrication
operations
as
an
area
source
category
for
further
scrutiny
and
will
address
the
emissions
from
area
sources
in
this
source
category
in
a
separate
action
(
64
FR
38721,
July
19,
1999).

B.
What
Issues
Were
Raised
Regarding
Adhesive­
Use
Sources?
Comment:
The
proposed
rule
included
a
provision
that
loop
slitters
could
use
no
HAP­
based
adhesives,
with
HAP­
based
adhesives
defined
as
``
an
adhesive
containing
detectable
HAP,
according
to
EPA
Method
311
or
another
approved
alternative.''
The
data
for
existing
loop
slitters
that
were
available
to
us
during
the
development
of
the
proposed
rule
indicated
that
22
of
30
facilities
use
no
HAP­
based
adhesives.
Several
commenters
asserted
that
the
adhesives
commonly
used
by
the
industry
on
their
loop
slitters
do
contain
small
amounts
of
HAP.
A
survey
conducted
by
one
of
the
commenters
indicated
that
11
of
the
20
loop
slitter
facilities
surveyed
use
an
npropyl
bromide
adhesive
which
contains
0.32
to
1.0
percent
1,2­
Epoxybutane
by
weight.
Response:
The
information
supplied
by
commenters
and
industry
contacts
demonstrates
that
the
widely­
used
npropyl
bromide
adhesives,
originally
believed
to
be
non­
HAP,
actually
contain
trace
amounts
of
HAP,
which
we
believe
are
present
mostly
as
impurities.
In
accordance
with
the
definition
of
``
HAP­
based''
in
the
Flexible
Polyurethane
Foam
Production
NESHAP
(
40
CFR
part
63,
subpart
III),
we
have
written
the
definition
of
``
HAPbased
adhesive''
in
the
final
rule
to
contain
5
percent
(
by
weight)
or
more
of
HAP.
Comment:
Several
commenters
recommended
that
we
set
a
numerical,
technology­
based
emission
limitation
for
loop
slitters,
rather
than
banning
the
use
of
HAP­
based
adhesives.
The
commenters
explained
that
a
numerical
or
technology­
based
MACT
standard
would
allow
industry
to
lower
their
emissions
using
control
technologies
that
are
currently
available
or
being
developed.

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Regulations
Response:
Our
determination
that
the
MACT
floor
for
loop
slitter
adhesive
use
is
no
HAP­
based
adhesives
makes
the
use
of
a
numerical
or
technology­
based
emission
limitation
inappropriate.
Although
it
may
be
possible
to
greatly
reduce
HAP
emissions
through
use
of
technology,
we
believe
that
elimination
of
the
use
of
HAP­
based
adhesives
in
loop
slitter
operations
is
required
by
section
112(
d)(
3)
of
the
CAA
because
of
the
number
of
facilities
using
no
HAPbased
adhesives
in
their
loop
slitter
operations.
Accordingly,
no
changes
were
made
for
the
final
rule
with
regard
to
this
issue.
Comment:
Comments
were
received
encouraging
us
to
regulate
non­
slitter
adhesive
use
applications
in
order
to
control
emissions
of
methylene
chloride.
The
commenter
asserted
that
many
major
source
facilities
are
still
using
methylene
chloride­
based
adhesives
in
non­
loop
slitter
applications.
Response:
In
the
preamble
to
the
proposed
rule,
we
specifically
requested
comments
on
this
issue.
We
stated
that
if
comments
demonstrated
that
``
there
are
non­
sliter
adhesive
sources
using
HAP­
based
adhesives
that
are
located
on
the
site
of
a
major
source,
we
would
retain
them
in
the
source
category
and
treat
them
as
a
third
subcategory.''
Based
on
available
information,
we
found
no
non­
slitters
on
sites
of
major
sources.
Thus,
there
is
no
basis
to
retain
non­
slitter
adhesive
use
sources
in
this
category.
We
have
listed
flexible
foam
fabrication
operations
as
an
area
source
category
for
further
scrutiny
and
will
address
the
emissions
from
area
sources
under
section
112(
k)
of
the
CAA.
Comment:
Several
comments
were
received
expressing
concerns
regarding
the
adhesives
being
used
as
alternatives
to
HAP­
based
adhesives,
for
both
loop
slitter
and
non­
slitter
adhesive
applications.
Some
commenters
mentioned
that
n­
propyl
bromide
has
been
the
subject
of
a
number
of
``
substantial
risk''
notifications
under
the
Toxic
Substances
Control
Act
and
is
also
the
subject
of
toxicity
testing
under
the
National
Toxicology
Program,
and
urged
us
to
consider
regulating
n­
propyl
bromide
emissions.
Response:
We
are
aware
of
this
situation,
but
have
no
authority
under
section
112
to
regulate
n­
propyl
bromide
since
it
is
not
currently
listed
as
a
HAP.
Comment:
Another
commenter
asked
us
to
investigate
and
identify
the
secondary
air
impacts
of
HAP
or
volatile
organic
compounds
(
VOC)
from
the
use
of
the
adhesives
being
used
as
alternatives
to
methylene
chloride.
If
they
emit
VOC,
the
commenter
recommended
that
we
regulate
those
emissions
so
as
not
to
exacerbate
local
efforts
to
comply
with
other
air
pollution
regulations.
Response:
The
NESHAP
for
foam
fabrication
operations
protects
air
quality
and
promotes
the
public
health
by
reducing
emissions
of
some
of
the
HAP
listed
in
section
112(
b)(
1)
of
the
CAA.
The
mandate
for
the
NESHAP
program
does
not
extend
to
control
of
VOC
(
unless
they
are
HAP).
Additionally,
VOC
emissions
are
addressed
elsewhere
in
the
CAA,
both
in
section
110
which
addresses
State
implementation
plans
for
States
with
ozone
nonattainment
areas
under
the
national
ambient
air
quality
standards;
and
in
section
111,
which
includes
new
source
performance
standards.
Moreover,
the
current
record
does
not
indicate
that
there
are
any
significant
secondary
air
impacts
(
i.
e.,
increased
emissions
of
other
HAP
or
VOC)
from
the
use
of
alternatives
to
methylene
chloride.
Thus,
the
Agency
finds
that
the
investigation
requested
by
the
commenter
is
unwarranted.
We
believe
that
the
reporting
requirements
that
were
proposed
for
loop
slitter
facilities
are
adequate,
and
they
remain
unchanged
for
the
final
rule.

C.
What
Issues
Were
Raised
Regarding
Flame
Lamination
Sources?
Comment:
One
commenter
asserted
that
the
proposed
MACT
for
existing
flame
lamination
sources
(
no
additional
control)
is
not
the
maximum
degree
of
HAP
reduction
that
could
be
achieved
and
requested
that
MACT
for
these
sources
be
based
on
``
the
performance
of
the
best
two
facilities,''
excluding
consideration
of
uncontrolled
sources.
Response:
We
are
required
to
calculate
the
MACT
floor
for
existing
sources
based
on
the
central
tendency
of
the
emission
limitation
achieved
by
the
best
performing
five
major
sources
for
a
subcategory
with
less
than
30
major
sources
(
such
as
flame
lamination).
Evaluation
of
only
the
two
best
performing
sources,
as
requested
by
the
commenter,
is
not
consistent
with
this
statutory
requirement.
The
data
for
existing
flame
lamination
sources
that
were
available
during
the
development
of
the
proposed
rule
indicated
that
two
of
the
top
five
major
sources
control
HAP
emissions
using
a
scrubber
and
three
do
not
control
HAP
emissions.
We
chose
not
to
use
the
mean
as
the
measure
of
central
tendency
because
it
would
result
in
a
MACT
floor
that
does
not
represent
the
performance
of
an
actual
control
device.
In
this
case,
using
the
median
or
the
mode
resulted
in
the
same
MACT
floor
(
no
additional
control).
In
addition
to
controls,
we
also
investigated
the
possibility
that
materials
substitution
or
work
practice
standards
could
represent
the
MACT
floor.
The
flame
lamination
of
any
foam
generates
HAP
emissions,
most
notably
HCN
and
TDI.
These
compounds
are
present
in
the
foam
as
a
result
of
the
polyurethane
foam
manufacturing
process,
which
is
regulated
under
separate
MACT
standards.
Changing
the
use
of
these
compounds
would
change
the
inherent
properties
of
the
foam
and,
thus,
we
rejected
this
raw
material
substitution
as
a
potential
MACT
floor
control
strategy.
In
addition,
the
flame
lamination
of
foams
containing
chlorinated
fire
retardants
also
results
in
emission
of
the
HAP
HCl.
The
frequency
of
use
of
chlorinated
fire
retardant
foams
varies
considerably
from
one
facility
to
another,
and
may
also
vary
over
time
at
any
single
facility.
Although
some
facilities
do
not
use
fire
retardant
foams
at
all,
most
use
them
some
of
the
time.
The
fire
retardancy
is
a
necessary
characteristic
of
the
foam
where
the
customer
requires
fire
retardancy
as
a
product
specification,
e.
g.,
foam
in
automobiles
and
bedding.
The
top
two
facilities
on
our
list
stated
that
they
laminated
fire
retardant
foam
approximately
30
percent
of
the
time
for
the
years
the
data
were
gathered.
As
product
mix
and
customer
demands
change,
the
percent
of
fire
retardant
foam
flame
laminated
at
a
facility
can
vary
considerably.
Because
there
is
no
clear
subdivision
of
the
industry
between
facilities
that
use
fire
retardant
foams
and
those
that
do
not,
we
deemed
any
further
subdivision
of
the
industry
because
of
this
issue
to
be
unreasonable.
Although
there
may
be
nonchlorinated
fire
retardant
foams
available
to
flame
laminators,
they
are
not
currently
in
use
by
any
of
the
lowest­
emitting
five
flame
lamination
facilities.
Thus,
we
determined
that
product
substitution
does
not
represent
the
MACT
floor
for
the
flame
lamination
subcategory.
We
also
considered
the
possibility
that
the
MACT
floor
might
be
represented
by
work
practices.
The
nature
of
the
flame
lamination
process
does
not
lend
itself
to
any
typical
work
practices
used
to
minimize
HAP
emissions.
There
are
no
emissions
related
to
transport
and
storage
of
raw
materials,
or
to
cleaning
of
the
equipment,
and
there
is
no
HAPcontaining
waste.
In
fact,
the
HAP
emissions
are
created
during
the
process
by
the
physical
act
of
scorching
the
foam.
The
scorching
makes
the
foam
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sticky
so
it
will
adhere
to
the
other
substrate,
but
also
releases
HAP.
Because
there
are
no
emission­
reducing
work
practice
standards
in
use
at
flame
lamination
facilities
we
did
not
find
that
the
MACT
floor
may
be
represented
by
any
work
practice
standards.
We
considered
more
stringent
``
abovethe
floor''
options
for
MACT,
including
90
percent
reduction
of
HCl
and
HCN,
95
percent
reduction
of
HCN
and
TDI,
and
banning
the
flame
lamination
of
chlorinated
fire
retardant
foam.
We
rejected
the
first
two
options
as
unreasonably
costly
with
respect
to
the
incremental
emission
reduction
that
would
be
achieved
($
9,700
per
ton
for
the
first
option
and
$
70,300
per
ton
for
the
second
option).
We
rejected
the
third
option
as
technically
infeasible
because
no
alternative
fire
retardant
has
been
identified
that
would
be
adequate
and
appropriate
for
all
flame
lamination
applications
in
which
fire
retardant
foam
is
required.
Discussions
with
industry
suggest
that
alternative
materials
could
present
product
quality
issues
and
result
in
products
that
do
not
meet
product
specifications.
We
have
received
no
further
data
or
information
which
would
lead
to
the
selection
of
a
different
MACT
for
existing
flame
lamination
sources.
Therefore,
we
have
not
changed
the
emission
limitation
for
existing
flame
lamination
sources.

V.
What
Are
the
Environmental,
Cost,
and
Economic
Impacts
of
the
Final
Rule?
We
estimate
that
current
HAP
emissions
from
loop
slitter
adhesive
users
are
essentially
zero
because
of
changes
in
adhesive
composition
as
a
result
of
the
OSHA
permissible
exposure
limit
(
PEL)
for
methylene
chloride.
Therefore,
we
do
not
expect
any
decreases
from
this
subcategory
resulting
from
the
NESHAP.
Costs
should
be
minimal
as
well,
as
most
sources
will
already
be
maintaining
the
necessary
records
in
order
to
comply
with
OSHA
regulations
regarding
availability
of
MSDS.
We
estimated
baseline
emissions
for
flame
laminators
from
data
obtained
from
individual
facilities,
as
well
as
from
State
agencies
to
which
facilities
reported
their
annual
emissions.
Where
reported
emissions
were
not
available,
we
calculated
emission
estimates
using
a
HAP
emission
factor,
the
laminator's
operating
schedule,
the
number
of
flame
lamination
lines,
and
the
percent
of
the
operating
time
that
fire
retardant
foam
is
laminated
(
used
only
when
calculating
HCl
emissions).
Our
estimates
of
nationwide
baseline
emissions
from
all
existing
facilities
in
the
flame
lamination
subcategory
are
58.8
tpy
HCl,
10.3
tpy
HCN,
and
3.0
tpy
TDI,
for
a
total
of
72.1
tpy
HAP.
We
have
not
promulgated
any
emissions
limitations
for
existing
flame
lamination
sources;
therefore,
we
do
not
expect
any
emissions
reductions
from
the
baseline.
However,
the
NESHAP
should
result
in
a
90
percent
reduction
in
HCl
and
HCN
emissions
from
any
new
or
reconstructed
major
sources.
We
calculate
that
a
typical
flame
lamination
operation
emits
7.3
tpy
of
combined
HCl
and
HCN,
which
would
be
reduced
by
90
percent,
for
a
total
HAP
emission
reduction
of
6.5
tpy
from
each
new
or
reconstructed
affected
source.
In
addition,
particulate
matter
emissions
from
flame
lamination
would
also
be
reduced
by
any
scrubber
used
to
reduce
the
HAP
emissions.
Based
on
our
analysis,
we
calculate
that
64,700
gallons
per
year
of
wastewater
will
be
generated
by
a
new
or
reconstructed
flame
lamination
source.
Our
estimate
of
the
annual
cost
to
treat
this
wastewater
is
less
than
$
250
per
year.
We
do
not
expect
that
there
will
be
any
significant
adverse
non­
air
health,
environmental,
or
energy
impacts
associated
with
the
NESHAP
for
flexible
polyurethane
foam
fabrication
operations.
There
will
be
no
capital
costs
for
loop
slitter
adhesive
users
and
existing
flame
laminators
because
the
final
rule
states
that
these
sources
are
only
subject
to
reporting
and
recordkeeping
costs.
We
estimate
that
up
to
three
new
flame
laminators
may
be
built
in
the
next
3
years,
but
only
one
of
these
would
be
a
major
source
subject
to
the
NESHAP.
That
source
would
face
capital
costs
of
approximately
$
65,000
associated
with
installation
of
a
control
device
(
e.
g.,
scrubber)
and
monitoring
equipment.
We
estimate
that
the
average
annualized
cost
for
that
source
would
be
approximately
$
63,000
per
year,
including
annualized
capital
costs
for
a
control
device
and
monitoring
equipment;
labor
costs
associated
with
monitoring,
reporting,
and
recordkeeping
requirements;
and
the
operation
and
maintenance
of
the
required
control
equipment.
In
summary,
we
do
not
expect
any
emissions
reductions
from
existing
foam
fabrication
sources,
and
we
estimate
HAP
emission
reductions
of
6.5
tpy
from
the
single
new
flame
lamination
source
we
assume
will
be
constructed
during
the
three
years
following
the
promulgation
of
this
rule.
The
total
annualized
cost
of
the
final
rule
has
been
estimated
at
$
64,000,
including
$
63,000
annually
for
the
single
new
flame
lamination
facility
subject
to
the
provisions
of
the
final
rule,
and
additional
one­
time
labor
costs
for
existing
facilities
to
read
the
rule.
Given
that
only
one
source
will
need
to
install
new
controls
as
a
result
of
the
rule,
and
cost
of
control
is
a
very
small
portion
of
industry
revenues,
we
consider
the
economic
impacts
associated
with
the
final
rule
to
be
minimal.

VI.
Statutory
and
Executive
Order
Reviews
A.
Executive
Order
12866
 
Regulatory
Planning
and
Review
Under
Executive
Order
12866
(
58
FR
51735,
October
4,
1993),
the
Agency
must
determine
whether
the
regulatory
action
is
``
significant''
and
therefore
subject
to
Office
of
Management
and
Budget
(
OMB)
review
and
the
requirements
of
the
Executive
Order.
The
Executive
Order
defines
``
significant
regulatory
action''
as
one
that
is
likely
to
result
in
a
rule
that
may:
(
1)
Have
an
annual
effect
on
the
economy
of
$
100
million
or
more
or
adversely
affect
in
a
material
way
the
economy,
a
sector
of
the
economy,
productivity,
competition,
jobs,
the
environment,
public
health
or
safety,
or
State,
local,
or
tribal
governments
or
communities;
(
2)
Create
a
serious
inconsistency
or
otherwise
interfere
with
an
action
taken
or
planned
by
another
agency;
(
3)
Materially
alter
the
budgetary
impact
of
entitlements,
grants,
user
fees,
or
loan
programs,
or
the
rights
and
obligation
of
recipients
thereof;
or
(
4)
Raise
novel
legal
or
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
It
has
been
determined
that
the
final
rule
is
not
a
``
significant
regulatory
action''
under
the
terms
of
Executive
Order
12866
and
is
therefore
not
subject
to
OMB
review.

B.
Paperwork
Reduction
Act
The
information
collection
requirements
in
the
final
rule
have
been
submitted
for
approval
to
OMB
under
the
requirements
of
the
Paperwork
Reduction
Act,
44
U.
S.
C.
3501
et
seq.
An
Information
Collection
Request
(
ICR)
document
has
been
prepared
by
EPA
(
ICR
No.
2027.02),
and
a
copy
may
be
obtained
from
Susan
Auby
by
mail
at
the
Office
of
Environmental
Information,
Collection
Strategies
Division
(
2822),
U.
S.
EPA,
1200
Pennsylvania
Avenue,
NW.,
Washington,
DC
20460,
by
e­
mail
at
``
auby.
susan@
epa.
gov,''
or
by
calling
(
202)
566
 
1672.
A
copy
may
also
be
downloaded
from
the
internet
at
http://
www.
epa.
gov/
icr.
The
information
requirements
are
not
effective
until
OMB
approves
them.

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/
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14,
2003
/
Rules
and
Regulations
The
information
requirements
are
based
on
notifications,
records,
and
reports
required
by
the
General
Provisions
(
40
CFR
part
63,
subpart
A),
which
are
mandatory
for
all
operators
subject
to
national
emission
standards.
These
recordkeeping
and
reporting
requirements
are
specifically
authorized
under
section
114
of
the
CAA
(
42
U.
S.
C.
7414).
All
information
submitted
to
the
EPA
pursuant
to
the
recordkeeping
and
reporting
requirements
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
Agency
policies
in
40
CFR
part
2,
subpart
B,
Confidentiality
of
Business
Information.
According
to
the
ICR,
the
total
3­
year
monitoring,
reporting,
and
recordkeeping
burden
for
this
collection
is
3,634
labor
hours,
and
the
annual
average
burden
is
1,211
labor
hours.
The
total
annualized
cost
of
monitoring,
reporting,
and
recordkeeping
is
approximately
$
54,124.
The
labor
cost
over
the
3­
year
period
is
$
154,399
or
$
51,466
per
year.
The
annualized
capital
cost
for
monitoring
equipment
is
$
997.
Annual
operation
and
maintenance
costs
are
$
4,982
over
3
years,
averaging
$
1,661
per
year.
This
estimate
includes
a
one­
time
plan
for
demonstrating
compliance,
annual
compliance
certificate
reports,
notifications,
and
recordkeeping.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purpose
of
collecting,
validating,
and
verifying
information;
process
and
maintain
information
and
disclose
and
provide
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
respond
to
a
collection
of
information;
search
existing
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.
The
OMB
control
number(
s)
for
the
information
collection
requirements
in
the
final
rule
will
be
listed
in
an
amendment
to
40
CFR
part
9
or
48
CFR
chapter
15
in
a
subsequent
Federal
Register
document
after
OMB
approves
the
ICR.
C.
Regulatory
Flexibility
Analysis
EPA
has
determined
that
it
is
not
necessary
to
prepare
a
regulatory
flexibility
analysis
in
connection
with
this
final
rule.
EPA
has
also
determined
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
For
purposes
of
assessing
the
impacts
of
today's
final
rule
on
small
entities,
small
entity
is
defined
as:
(
1)
a
small
business
according
to
the
Small
Business
Administration
(
SBA)
size
standards
by
NAICS
code
(
a
maximum
of
500
employees
for
the
polyurethane
foam
fabrication
industry);
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city,
county,
town,
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
forprofit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
After
considering
the
economic
impacts
of
today's
final
rule
on
small
entities,
EPA
has
concluded
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
We
have
determined
that
one
of
approximately
48
affected
sources
is
a
small
entity,
and
that
the
impact
will
consist
primarily
of
recordkeeping
and
reporting
requirements.

D.
Unfunded
Mandates
Reform
Act
of
1995
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA),
Public
Law
104
 
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
their
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
202
of
the
UMRA,
we
generally
must
prepare
a
written
statement,
including
cost­
benefit
analysis,
for
proposed
and
final
rules
with
``
Federal
mandates''
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
in
any
1
year.
Before
promulgating
an
EPA
rule
for
which
a
written
statement
is
needed,
section
205
of
the
UMRA
generally
requires
us
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
costeffective
or
least
burdensome
alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
us
to
adopt
an
alternative
with
other
than
the
least
costly,
most
cost­
effective,
or
least
burdensome
alternative
if
we
publish
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
we
establish
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
tribal
governments,
we
must
have
developed
under
section
203
of
the
UMRA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
our
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating,
and
advising
small
governments
on
compliance
with
the
regulatory
requirements.
We
have
determined
that
the
final
rule
does
not
contain
a
Federal
mandate
that
may
result
in
expenditures
of
$
100
million
or
more
for
State,
local,
or
tribal
governments,
in
the
aggregate,
or
the
private
sector
in
any
1
year.
The
total
annualized
cost
of
the
final
rule
has
been
estimated
at
$
64,000.
This
figure
includes
the
$
63,000
annually
for
the
single
new
flame
lamination
facility
subject
to
the
provisions
of
the
final
rule,
and
additional
labor
costs
for
existing
facilities.
Thus,
today's
final
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UMRA.
In
addition,
we
have
determined
that
the
final
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquely
affect
small
governments
because
it
contains
no
regulatory
requirements
that
apply
to
such
governments
or
impose
obligations
upon
them.
Therefore,
the
final
rule
is
not
subject
to
the
requirements
of
section
203
of
the
UMRA.

E.
Executive
Order
13132
 
Federalism
Executive
Order
13132,
entitled
``
Federalism''
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
are
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
Government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
Government.''
The
final
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
Government
and
the
States,
or
on
the
distribution
of
power
and
responsibilities
among
the
various
levels
of
Government,
as
specified
in
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and
Regulations
Executive
Order
13132.
The
standards
apply
only
to
flexible
polyurethane
foam
fabricators
and
do
not
pre­
exempt
States
from
adopting
more
stringent
standards
or
otherwise
regulate
State
or
local
governments.
Thus,
Executive
Order
13132
does
not
apply
to
the
final
rule.
Although
section
6
of
Executive
Order
13132
does
not
apply
to
the
final
rule,
EPA
did
consult
with
State
and
local
officials
in
developing
the
final
rule.
No
concerns
were
raised
by
these
officials
during
this
consultation.

F.
Executive
Order
13175
 
Consultation
and
Coordination
With
Indian
Tribal
Governments
Executive
Order
13175,
entitled
``
Consultation
and
Coordination
with
Indian
Tribal
Governments''
(
65
FR
67249,
November
6,
2000),
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
``
Policies
that
have
tribal
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
government
and
the
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes.''
The
final
rule
does
not
have
tribal
implications.
It
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
government
and
Indian
tribes,
as
specified
in
Executive
Order
13175.
This
is
because
no
tribal
governments
own
or
operate
a
flexible
polyurethane
foam
fabrication
facility.
Thus,
Executive
Order
13175
does
not
apply
to
the
final
rule.

G.
Executive
Order
13045
 
Protection
of
Children
From
Environmental
Health
Risks
and
Safety
Risks
Executive
Order
13045,
``
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks''
(
62
FR
19885,
April
23,
1997)
applies
to
any
rule
that
(
1)
is
determined
to
be
``
economically
significant''
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,
the
Agency
must
evaluate
the
environmental
health
or
safety
effects
of
the
planned
rule
on
children
and
explain
why
the
planned
rule
is
preferable
to
other
potentially
effective
and
reasonably
feasible
alternatives
that
we
considered.
The
final
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
an
economically
significant
regulatory
action
as
defined
by
Executive
Order
12866.
In
addition,
EPA
interprets
Executive
Order
13045
as
applying
only
to
those
regulatory
actions
that
are
based
on
health
and
safety
risks,
such
that
the
analysis
required
under
section
5
 
501
of
the
Executive
Order
has
the
potential
to
influence
the
regulation.
The
final
rule
is
not
subject
to
Executive
Order
13045
because
it
is
based
on
technology
performance
and
not
on
health
or
safety
risks.

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

I.
National
Technology
Transfer
and
Advancement
Act
of
1995
Section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
(
NTTAA)
of
1995
(
Pub.
L.
No.
104
 
113;
15
U.
S.
C.
272
note)
directs
EPA
to
use
voluntary
consensus
standards
in
their
regulatory
and
procurement
activities
unless
to
do
so
would
be
inconsistent
with
applicable
law
or
otherwise
impractical.
Voluntary
consensus
standards
are
technical
standards
(
e.
g.,
materials
specifications,
test
methods,
sampling
procedures,
business
practices)
developed
or
adopted
by
one
or
more
voluntary
consensus
bodies.
The
NTTAA
directs
EPA
to
provide
Congress,
through
annual
reports
to
the
Office
of
Management
and
Budget
(
OMB),
with
explanations
when
an
agency
does
not
use
available
and
applicable
voluntary
consensus
standards.
This
rulemaking
involves
technical
standards.
The
EPA
cites
in
the
final
rule
the
EPA
Methods
1,
1A,
2,
2A,
2C,
2D,
2F,
2G,
4,
26A,
311,
and
any
method
to
measure
hydrogen
cyanide
from
flame
lamination
sources
(
validated
with
EPA
Method
301).
Consistent
with
the
NTTAA,
EPA
conducted
searches
to
identify
voluntary
consensus
standards
in
addition
to
these
EPA
methods.
No
applicable
voluntary
consensus
standards
were
identified
for
EPA
Methods
1A,
2A,
2D,
2F,
2G,
311,
and
a
method
to
measure
hydrogen
cyanide.
The
search
and
review
results
have
been
documented
and
are
placed
in
the
docket
(
OAR
 
2002
 
0080
or
A
 
2000
 
43)
for
the
final
rule.
Five
voluntary
consensus
standards:
ASTM
D1979
 
91,
ASTM
D3432
 
89,
ASTM
D4747
 
87,
ASTM
D4827
 
93,
and
ASTM
PS9
 
94
are
incorporated
by
reference
in
EPA
Method
311.
The
search
for
emission
measurement
procedures
identified
seven
voluntary
consensus
standards
potentially
applicable
to
the
final
rule.
The
EPA
determined
that
five
of
these
seven
standards
were
impractical
alternatives
to
EPA
test
methods
for
the
purposes
of
this
rulemaking.
Therefore,
EPA
will
not
adopt
these
standards
today.
The
reasons
for
this
determination
for
the
five
methods
are
in
the
docket.
The
following
two
voluntary
consensus
standards
identified
in
this
search
were
not
available
at
the
time
the
review
was
conducted
for
the
purposes
of
this
rulemaking
because
they
are
under
development
by
a
voluntary
consensus
body:
ASME/
BSR
MFC
13M,
``
Flow
Measurement
by
Velocity
Traverse,''
for
EPA
Method
2
(
and
possibly
1);
and
ASME/
BSR
MFC
12M,
``
Flow
in
Closed
Conduits
Using
Multiport
Averaging
Pitot
Primary
Flowmeters,''
for
EPA
Method
2.
Sections
63.8800
and
63.8802
and
Table
3
to
subpart
MMMMM
list
the
EPA
testing
methods
included
in
the
final
rule.
Under
40
CFR
63.7(
f)
and
63.8(
f),
a
source
may
apply
to
EPA
for
permission
to
use
alternative
test
methods
or
alternative
monitoring
requirements
in
place
of
any
of
the
EPA
testing
methods,
performance
specifications,
or
procedures.

J.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
The
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
This
action
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).
The
final
rule
will
be
effective
on
April
14,
2003.

List
of
Subjects
in
40
CFR
Part
63
Environmental
protection,
Administrative
practice
and
procedure,

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14,
2003
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Rules
and
Regulations
Air
pollution
control,
Hazardous
substances,
Intergovernmental
relations,
Recordkeeping
and
reporting
requirements.

Dated:
February
28,
2003.
Christine
Todd
Whitman,
Administrator.

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

PART
63
 
[
AMENDED]

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

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


2.
Part
63
is
amended
by
adding
subpart
MMMMM
to
read
as
follows:
Sec.

Subpart
MMMMM
 
National
Emission
Standards
for
Hazardous
Air
Pollutants:
Flexible
Polyurethane
Foam
Fabrication
Operations
What
This
Subpart
Covers
63.8780
What
is
the
purpose
of
this
subpart?
63.8782
Am
I
subject
to
this
subpart?
63.8784
What
parts
of
my
plant
does
this
subpart
cover?
63.8786
When
do
I
have
to
comply
with
this
subpart?

Emission
Limitations
63.8790
What
emission
limitations
must
I
meet?

General
Compliance
Requirements
63.8794
What
are
my
general
requirements
for
complying
with
this
subpart?

Testing
and
Initial
Compliance
Requirements
63.8798
By
what
date
must
I
conduct
performance
tests
or
other
initial
compliance
demonstrations?
63.8800
What
performance
tests
and
other
procedures
must
I
use
to
demonstrate
compliance
with
the
emission
limit
for
flame
lamination?
63.8802
What
methods
must
I
use
to
demonstrate
compliance
with
the
emission
limitation
for
loop
slitter
adhesive
use?
63.8806
How
do
I
demonstrate
initial
compliance
with
the
emission
limitations?

Continuous
Compliance
Requirements
63.8810
How
do
I
monitor
and
collect
data
to
demonstrate
continuous
compliance?
63.8812
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

Notifications,
Reports,
and
Records
63.8816
What
notifications
must
I
submit
and
when?
63.8818
What
reports
must
I
submit
and
when?
63.8820
What
records
must
I
keep?
63.8822
In
what
form
and
how
long
must
I
keep
my
records?
Other
Requirements
and
Information
63.8826
What
parts
of
the
General
Provisions
apply
to
me?
63.8828
Who
implements
and
enforces
this
subpart?
63.8830
What
definitions
apply
to
this
subpart?

Tables
to
Subpart
MMMMM
of
Part
63
Table
1
to
Subpart
MMMMM
of
Part
63
 
Emission
Limits
Table
2
to
Subpart
MMMMM
of
Part
63
 
Operating
Limits
for
New
or
Reconstructed
Flame
Lamination
Affected
Sources
Table
3
to
Subpart
MMMMM
of
Part
63
 
Performance
Test
Requirements
for
New
or
Reconstructed
Flame
Lamination
Affected
Sources
Table
4
to
Subpart
MMMMM
of
Part
63
 
Initial
Compliance
With
Emission
Limits
Table
5
to
Subpart
MMMMM
of
Part
63
 
Continuous
Compliance
with
Emission
Limits
and
Operating
Limits
Table
6
to
Subpart
MMMMM
of
Part
63
 
Requirements
for
Reports
Table
7
to
Subpart
MMMMM
of
Part
63
 
Applicability
of
General
Provisions
to
Subpart
MMMMM
What
This
Subpart
Covers
§
63.8780
What
is
the
purpose
of
this
subpart?
This
subpart
establishes
national
emission
standards
for
hazardous
air
pollutants
(
NESHAP)
emitted
from
flexible
polyurethane
foam
fabrication
operations.
This
subpart
also
establishes
requirements
to
demonstrate
initial
and
continuous
compliance
with
the
emission
standards.

§
63.8782
Am
I
subject
to
this
subpart?
(
a)
You
are
subject
to
this
subpart
if
you
own
or
operate
a
flexible
polyurethane
foam
fabrication
plant
site
that
operates
a
flame
lamination
affected
source,
as
defined
at
§
63.8784(
b)(
2),
and
that
is
located
at,
or
is
part
of
a
major
emission
source
of
hazardous
air
pollutants
(
HAP)
or
that
operates
a
loop
slitter
affected
source,
as
defined
at
§
63.8784(
b)(
1),
that
meets
the
criteria
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
The
loop
slitter
affected
source
uses
one
or
more
HAP­
based
adhesives
at
any
time
on
or
after
April
14,
2003.
(
2)
The
loop
slitter
affected
source
is
located
at
or
is
part
of
a
major
source
of
HAP.
(
b)
A
flexible
polyurethane
foam
fabrication
plant
site
is
a
plant
site
where
pieces
of
flexible
polyurethane
foam
are
bonded
together
or
to
other
substrates
using
HAP­
based
adhesives
or
flame
lamination.
(
c)
A
major
source
of
HAP
is
a
plant
site
that
emits
or
has
the
potential
to
emit
any
single
HAP
at
a
rate
of
10
tons
or
more
per
year
or
any
combination
of
HAP
at
a
rate
of
25
tons
or
more
per
year.
(
d)
This
subpart
does
not
apply
to
the
following
processes
in
paragraphs
(
d)(
1)
and
(
2)
of
this
section:
(
1)
Processes
that
produce
flexible
polyurethane
or
rebond
foam
as
defined
in
subpart
III
of
this
part.
(
2)
A
research
and
development
facility,
as
defined
in
section
112(
c)(
7)
of
the
Clean
Air
Act
(
CAA).

§
63.8784
What
parts
of
my
plant
does
this
subpart
cover?

(
a)
This
subpart
applies
to
each
existing,
new,
or
reconstructed
affected
source
at
facilities
engaged
in
flexible
polyurethane
foam
fabrication.
(
b)
The
affected
sources
are
defined
in
this
section
in
paragraphs
(
b)(
1)
and
(
2)
of
this
section.
(
1)
The
loop
slitter
adhesive
use
affected
source
is
the
collection
of
all
loop
slitters
and
associated
adhesive
application
equipment
used
to
apply
HAP­
based
adhesives
to
bond
foam
to
foam
at
a
flexible
polyurethane
foam
fabrication
plant
site.
(
2)
The
flame
lamination
affected
source
is
the
collection
of
all
flame
lamination
lines
associated
with
the
flame
lamination
of
foam
to
any
substrate
at
a
flexible
polyurethane
foam
fabrication
plant
site.
(
c)(
1)
A
new
affected
source
is
one
that
commences
construction
after
August
8,
2001
and
meets
the
applicability
criteria
of
§
63.8782
at
the
time
construction
commences.
(
2)
If
you
add
one
or
more
flame
lamination
lines
at
a
plant
site
where
flame
lamination
lines
already
exist,
the
added
line(
s)
shall
be
a
new
affected
source
and
meet
new
source
requirements
if
the
added
line(
s)
has
the
potential
to
emit
10
tons
per
year
or
more
of
any
HAP
or
25
tons
or
more
per
year
of
any
combination
of
HAP.
(
d)
A
reconstructed
affected
source
is
one
that
commences
reconstruction
after
August
8,
2001
and
meets
the
criteria
for
reconstruction
as
defined
in
§
63.2.
(
e)
An
affected
source
is
existing
if
it
is
not
new
or
reconstructed.

§
63.8786
When
do
I
have
to
comply
with
this
subpart?

(
a)
If
you
have
a
new
or
reconstructed
affected
source,
you
must
comply
with
this
subpart
according
to
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
If
you
start
up
your
new
or
reconstructed
affected
source
before
April
14,
2003,
then
you
must
comply
with
the
emission
standards
for
new
or
reconstructed
sources
in
this
subpart
no
later
than
April
14,
2003.
(
2)
If
you
start
up
your
new
or
reconstructed
affected
source
on
or
after
April
14,
2003,
then
you
must
comply
with
the
emission
standards
for
new
or
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reconstructed
sources
in
this
subpart
upon
startup
of
your
affected
source.
(
b)
If
you
have
an
existing
loop
slitter
affected
source,
you
must
comply
with
the
emission
standards
for
existing
sources
no
later
than
1
year
after
April
14,
2003.
(
c)
If
you
have
an
area
source
that
increases
its
emissions
or
its
potential
to
emit
such
that
it
becomes
a
major
source
of
HAP
and
an
affected
source
subject
to
this
subpart,
the
provisions
in
paragraphs
(
c)(
1)
and
(
2)
of
this
section
apply.
(
1)
A
new
affected
source
as
specified
at
§
63.8784(
c)
or
a
reconstructed
affected
source
as
specified
at
§
63.8784(
d)
must
be
in
compliance
with
this
subpart
upon
startup.
(
2)
An
existing
affected
source
as
specified
at
§
63.8784(
e)
must
be
in
compliance
with
this
subpart
no
later
than
1
year
after
the
date
on
which
the
area
source
became
a
major
source.
(
d)
You
must
meet
the
notification
requirements
in
§
63.8816
according
to
the
schedule
in
§
63.8816
and
in
subpart
A
of
this
part.
Some
of
the
notifications
must
be
submitted
before
you
are
required
to
comply
with
the
emission
standards
in
this
subpart.
(
e)
If
you
have
a
loop
slitter
affected
source,
you
must
have
data
on
hand
beginning
on
the
compliance
date
specified
in
paragraph
(
b)
of
this
section
as
necessary
to
demonstrate
that
your
adhesives
are
not
HAP­
based.
The
types
of
data
necessary
are
described
in
§
§
63.8802
and
63.8810.

Emission
Limitations
§
63.8790
What
emission
limitations
must
I
meet?
(
a)
You
must
meet
each
emission
limit
in
Table
1
to
this
subpart
that
applies
to
you.
(
b)
You
must
meet
each
operating
limit
in
Table
2
to
this
subpart
that
applies
to
you.

General
Compliance
Requirements
§
63.8794
What
are
my
general
requirements
for
complying
with
this
subpart?
(
a)
For
each
loop
slitter
adhesive
use
affected
source,
you
must
be
in
compliance
with
the
requirements
in
this
subpart
at
all
times.
(
b)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
be
in
compliance
with
the
requirements
in
this
subpart
at
all
times,
except
during
periods
of
startup,
shutdown,
and
malfunction.
(
c)
You
must
always
operate
and
maintain
your
affected
source,
including
air
pollution
control
and
monitoring
equipment,
according
to
the
provisions
in
§
63.6(
e)(
1)(
i).
(
d)
During
the
period
between
the
compliance
date
specified
for
your
new
or
reconstructed
flame
lamination
affected
source
in
§
63.8786,
and
the
date
upon
which
continuous
compliance
monitoring
systems
have
been
installed
and
verified
and
any
applicable
operating
limits
have
been
set,
you
must
maintain
a
log
detailing
the
operation
and
maintenance
of
the
process
and
emissions
control
equipment.
(
e)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
develop
and
implement
a
written
startup,
shutdown,
and
malfunction
plan
according
to
the
provisions
in
§
63.6(
e)(
3).
(
f)
For
each
monitoring
system
required
in
this
section
for
new
or
reconstructed
flame
lamination
sources,
you
must
develop
and
submit
for
approval
a
site­
specific
monitoring
plan
that
addresses
the
requirements
in
paragraphs
(
f)(
1)
through
(
3)
of
this
section.
(
1)
Installation
of
the
continuous
monitoring
system
(
CMS)
sampling
probe
or
other
interface
at
a
measurement
location
relative
to
each
affected
process
unit
such
that
the
measurement
is
representative
of
control
of
the
exhaust
emissions
(
e.
g.,
on
or
downstream
of
the
last
control
device);
(
2)
Performance
and
equipment
specifications
for
the
sample
interface,
the
pollutant
concentration
or
parametric
signal
analyzer,
and
the
data
collection
and
reduction
system;
and
(
3)
Performance
evaluation
procedures
and
acceptance
criteria
(
e.
g.,
calibrations).
(
g)
In
your
site­
specific
monitoring
plan,
you
must
also
address
the
ongoing
procedures
specified
in
paragraphs
(
g)(
1)
through
(
3)
of
this
section.
(
1)
Ongoing
operation
and
maintenance
procedures
in
accordance
with
the
general
requirements
of
§
§
63.8(
c)(
1),
(
3),
(
4)(
ii),
(
7),
and
(
8),
and
63.8804;
(
2)
Ongoing
data
quality
assurance
procedures
in
accordance
with
the
general
requirements
of
§
63.8(
d);
and
(
3)
Ongoing
recordkeeping
and
reporting
procedures
in
accordance
with
the
general
requirements
of
§
63.10(
c),
(
e)(
1),
and
(
e)(
2)(
i).

Testing
and
Initial
Compliance
Requirements
§
63.8798
By
what
date
must
I
conduct
performance
tests
or
other
initial
compliance
demonstrations?

(
a)
For
each
loop
slitter
affected
source,
you
must
conduct
the
initial
compliance
demonstration
by
the
compliance
date
that
is
specified
for
your
source
in
§
63.8786.
(
b)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
conduct
performance
tests
within
180
calendar
days
after
the
compliance
date
that
is
specified
for
your
source
in
§
63.8786
and
according
to
the
provisions
in
§
63.7(
a)(
2).

§
63.8800
What
performance
tests
and
other
procedures
must
I
use
to
demonstrate
compliance
with
the
emission
limit
for
flame
lamination?
(
a)
You
must
conduct
each
performance
test
in
Table
3
to
this
subpart
that
applies
to
you.
(
b)
Each
performance
test
must
be
conducted
according
to
the
requirements
in
§
63.7(
e)(
1)
and
under
the
specific
conditions
in
Table
3
to
this
subpart.
(
c)
You
may
not
conduct
performance
tests
during
periods
of
startup,
shutdown,
or
malfunction,
as
specified
in
§
63.7(
e)(
1).
(
d)
You
must
conduct
at
least
three
separate
test
runs
for
each
performance
test
required
in
this
section,
as
specified
in
§
63.7(
e)(
3).
Each
test
run
must
last
at
least
1
hour.
(
e)
You
must
determine
the
percent
reduction
of
HAP
emissions
during
the
performance
test
according
to
paragraphs
(
e)(
1)
through
(
3)
of
this
section.
(
1)
If
you
use
chlorinated
fire
retardant
foams,
determine
the
percent
reduction
of
HCl
to
represent
HAP
emissions
from
the
source.
If
you
do
not
use
chlorinated
fire
retardant
foams,
determine
the
percent
reduction
of
HCN
to
represent
HAP
emissions
from
the
source.
(
2)
Calculate
the
concentration
of
HAP
at
the
control
device
inlet
and
at
the
control
device
outlet
using
the
procedures
in
the
specified
test
method.
(
3)
Compare
the
calculated
HAP
concentration
at
the
control
device
inlet
to
the
calculated
HAP
concentration
at
the
control
device
outlet
to
determine
the
percent
reduction
over
the
period
of
the
performance
test,
using
Equation
1
of
this
section:

R
E
E
E
Eq
inlet
outlet
i
n
i
n
inlet
i
n
=
 
=
=

=
 
 

 
,
,

,
(
)
[
.
i
i
i
1]
1
1
1
100
Where:
R=
Efficiency
of
control
device,
percent.
Einlet,
i=
HAP
concentration
of
control
device
inlet
stream
for
test
run
i,
mg/
dscm.
Eoutlet,
i=
HAP
concentration
of
control
device
outlet
stream
for
test
run
i,
mg/
dscm.

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/
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Regulations
n=
Number
of
runs
conducted
for
the
performance
test.
(
f)
You
must
also
meet
the
requirements
in
paragraphs
(
f)(
1)
and
(
2)
of
this
section.
(
1)
Conduct
the
performance
tests
using
foams
that
are
representative
of
foams
typically
used
at
your
flame
lamination
affected
source.
If
you
use
foams
containing
chlorinated
fire
retardants,
you
must
conduct
the
performance
tests
using
these
foams.
(
2)
Establish
all
applicable
operating
limits
that
correspond
to
the
control
system
efficiency
as
described
in
Table
3
to
this
subpart.

§
63.8802
What
methods
must
I
use
to
demonstrate
compliance
with
the
emission
limitation
for
loop
slitter
adhesive
use?
(
a)
Determine
the
HAP
content
for
each
material
used.
To
determine
the
HAP
content
for
each
material
used
in
your
foam
fabrication
operations,
you
must
use
one
of
the
options
in
paragraphs
(
a)(
1)
through
(
3)
of
this
section.
If
you
use
the
option
in
paragraph
(
a)(
3)
of
this
section,
you
are
subject
to
the
provisions
of
paragraph
(
a)(
4)
of
this
section.
(
1)
Method
311
(
appendix
A
to
40
CFR
part
63).
You
may
use
Method
311
for
determining
the
mass
fraction
of
HAP.
Use
the
procedures
specified
in
paragraphs
(
a)(
1)(
i)
and
(
ii)
of
this
section
when
determining
HAP
content
by
Method
311.
(
i)
Include
in
the
HAP
total
each
HAP
that
is
measured
to
be
present
at
0.1
percent
by
mass
or
more
for
Occupational
Safety
and
Health
Administration
(
OSHA)­
defined
carcinogens
as
specified
in
29
CFR
1910.1200(
d)(
4)
and
at
1.0
percent
by
mass
or
more
for
other
compounds.
For
example,
if
toluene
(
not
an
OSHA
carcinogen)
is
measured
to
be
0.5
percent
of
the
material
by
mass,
you
do
not
need
to
include
it
in
the
HAP
total.
Express
the
mass
fraction
of
each
HAP
you
measure
as
a
value
truncated
to
four
places
after
the
decimal
point
(
for
example,
0.1234).
(
ii)
Calculate
the
total
HAP
content
in
the
test
material
by
adding
up
the
individual
HAP
contents
and
truncating
the
result
to
three
places
after
the
decimal
point
(
for
example,
0.123).
(
2)
Alternative
method.
You
may
use
an
alternative
test
method
for
determining
mass
fraction
of
HAP
if
you
obtain
prior
approval
by
the
Administrator.
You
must
follow
the
procedure
in
§
63.7(
f)
to
submit
an
alternative
test
method
for
approval.
(
3)
Information
from
the
supplier
or
manufacturer
of
the
material.
You
may
rely
on
information
other
than
that
generated
by
the
test
methods
specified
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section
to
determine
the
mass
fraction
of
HAP
according
to
paragraphs
(
a)(
3)(
i)
and
(
ii)
of
this
section.
This
information
may
include,
but
is
not
limited
to,
a
material
safety
data
sheet
(
MSDS),
a
certified
product
data
sheet
(
CPDS),
or
a
manufacturer's
hazardous
air
pollutant
data
sheet.
(
i)
Include
in
the
HAP
total
each
HAP
that
is
present
at
0.1
percent
by
mass
or
more
for
OSHA­
defined
carcinogens
as
specified
in
29
CFR
1910.1200(
d)(
4)
and
at
1.0
percent
by
mass
or
more
for
other
compounds.
For
example,
if
toluene
(
not
an
OSHA
carcinogen)
is
0.5
percent
of
the
material
by
mass,
you
do
not
have
to
include
it
in
the
HAP
total.
(
ii)
If
the
HAP
content
is
provided
by
the
material
supplier
or
manufacturer
as
a
range,
then
you
must
use
the
upper
limit
of
the
range
for
determining
compliance.
(
4)
Verification
of
supplier
or
manufacturer
information.
Although
you
are
not
required
to
perform
testing
to
verify
the
information
obtained
according
to
paragraph
(
a)(
3)
of
this
section,
the
Administrator
may
require
a
separate
measurement
of
the
total
HAP
content
using
the
methods
specified
in
paragraph
(
a)(
1)
or
(
2)
of
this
section.
If
this
measurement
exceeds
the
total
HAP
content
provided
by
the
material
supplier
or
manufacturer,
then
you
must
use
the
measured
HAP
content
to
determine
compliance.
(
b)
[
Reserved]

§
63.8806
How
do
I
demonstrate
initial
compliance
with
the
emission
limitations?

(
a)
You
must
demonstrate
initial
compliance
with
each
emission
limit
that
applies
to
you
according
to
Table
4
to
this
subpart.
(
b)
You
must
establish
each
sitespecific
operating
limit
in
Table
2
to
this
subpart
that
applies
to
you
according
to
the
requirements
in
§
63.8800
and
Table
3
to
this
subpart.
(
c)
You
must
submit
the
Notification
of
Compliance
Status
containing
the
results
of
the
initial
compliance
demonstration
according
to
the
requirements
in
§
63.8816(
e)
through
(
h).

Continuous
Compliance
Requirements
§
63.8810
How
do
I
monitor
and
collect
data
to
demonstrate
continuous
compliance?

(
a)
If
you
own
or
operate
a
loop
slitter
adhesive
use
affected
source,
you
must
meet
the
requirements
in
paragraphs
(
a)(
1)
and
(
2)
of
this
section.
(
1)
Maintain
a
list
of
each
adhesive
and
the
manufacturer
or
supplier
of
each.
(
2)
Maintain
a
record
of
EPA
Method
311
(
appendix
A
to
40
CFR
part
63),
approved
alternative
method,
or
other
reasonable
means
of
HAP
content
determinations
indicating
the
mass
percent
of
each
HAP
for
each
adhesive.
(
b)
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
you
must
meet
the
requirements
in
paragraphs
(
b)(
1)
through
(
3)
of
this
section
if
you
use
a
scrubber,
or
paragraph
(
b)(
4)
of
this
section
if
you
use
any
other
control
device.
(
1)
Keep
records
of
the
daily
average
scrubber
inlet
liquid
flow
rate.
(
2)
Keep
records
of
the
daily
average
scrubber
effluent
pH.
(
3)
If
you
use
a
venturi
scrubber,
keep
records
of
daily
average
pressure
drop
across
the
venturi.
(
4)
Keep
records
of
operating
parameter
values
for
each
operating
parameter
that
applies
to
you.
(
c)
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
you
must
meet
the
requirements
in
paragraphs
(
c)(
1)
through
(
4)
of
this
section.
(
1)
Except
for
periods
of
monitoring
malfunctions,
associated
repairs,
and
required
quality
assurance
or
control
activities
(
including,
as
applicable,
calibration
checks
and
required
zero
and
span
adjustments),
you
must
monitor
continuously
(
or
collect
data
at
all
required
intervals)
at
all
times
that
the
affected
source
is
operating.
This
includes
periods
of
startup,
shutdown,
and
malfunction
when
the
affected
source
is
operating.
A
monitoring
malfunction
includes,
but
is
not
limited
to,
any
sudden,
infrequent,
not
reasonably
preventable
failure
of
the
monitoring
device
to
provide
valid
data.
Monitoring
failures
that
are
caused
by
poor
maintenance
or
careless
operation
are
not
malfunctions.
(
2)
In
data
average
calculations
and
calculations
used
to
report
emission
or
operating
levels,
you
may
not
use
data
recorded
during
monitoring
malfunctions,
associated
repairs,
or
recorded
during
required
quality
assurance
or
control
activities.
Nor
may
such
data
be
used
in
fulfilling
any
applicable
minimum
data
availability
requirement.
You
must
use
all
the
data
collected
during
all
other
periods
in
assessing
the
operation
of
the
control
device
and
associated
control
system.
(
3)
You
must
conduct
a
performance
evaluation
of
each
CMS
in
accordance
with
your
site­
specific
monitoring
plan.
(
4)
You
must
operate
and
maintain
the
CMS
in
continuous
operation
according
to
the
site­
specific
monitoring
plan.

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71
/
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14,
2003
/
Rules
and
Regulations
§
63.8812
How
do
I
demonstrate
continuous
compliance
with
the
emission
limitations?

(
a)
You
must
demonstrate
continuous
compliance
with
each
emission
limit
and
operating
limit
in
Tables
1
and
2
to
this
subpart
that
applies
to
you
according
to
the
methods
specified
in
Table
5
to
this
subpart.
(
b)
You
must
report
each
instance
in
which
you
did
not
meet
each
emission
limit
and
each
operating
limit
in
Tables
1
and
2
to
this
subpart
that
apply
to
you.
For
new
or
reconstructed
flame
lamination
affected
sources,
this
includes
periods
of
startup,
shutdown,
and
malfunction.
These
instances
are
deviations
from
the
operating
limits
in
this
subpart.
These
deviations
must
be
reported
according
to
the
requirements
in
§
63.8818.
(
c)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
operate
in
accordance
with
the
startup,
shutdown,
and
malfunction
plan
during
periods
of
startup,
shutdown,
and
malfunction.
(
d)
Consistent
with
§
§
63.6(
e)
and
63.7(
e)(
1),
deviations
that
occur
at
a
new
or
reconstructed
flame
lamination
affected
source
during
a
period
of
startup,
shutdown,
or
malfunction
are
not
violations
if
you
demonstrate
to
the
Administrator's
satisfaction
that
you
were
operating
in
accordance
with
the
startup,
shutdown,
and
malfunction
plan.
The
Administrator
will
determine
whether
deviations
that
occur
at
a
new
or
reconstructed
flame
lamination
affected
source
during
a
period
of
startup,
shutdown,
or
malfunction
are
violations,
according
to
the
provisions
in
§
63.6(
e).
(
e)
You
also
must
meet
the
following
requirements
if
you
are
complying
with
the
adhesive
use
ban
for
loop
slitter
adhesive
use
described
in
§
63.8790(
a).
(
1)
If,
after
you
submit
the
Notification
of
Compliance
Status,
you
use
an
adhesive
for
which
you
have
not
previously
verified
percent
HAP
mass
using
the
methods
in
§
63.8802,
you
must
verify
that
each
adhesive
used
in
the
affected
source
meets
the
emission
limit,
using
any
of
the
methods
in
§
63.8802.
(
2)
You
must
update
the
list
of
all
the
adhesives
used
at
the
affected
source.
(
3)
With
the
compliance
report
for
the
reporting
period
during
which
you
used
the
new
adhesive,
you
must
submit
the
updated
list
of
all
adhesives
and
a
statement
certifying
that,
as
purchased,
each
adhesive
used
at
the
affected
source
during
the
reporting
period
met
the
emission
limit
in
Table
1
to
this
subpart.
Notification,
Reports,
and
Records
§
63.8816
What
notifications
must
I
submit
and
when?

(
a)
You
must
submit
all
of
the
notifications
in
§
§
63.7(
b)
and
(
c),
63.8(
f),
and
63.9(
b)
through
(
h)
that
apply
to
you.
(
b)
If
you
own
or
operate
an
existing
loop
slitter
or
flame
lamination
affected
source,
submit
an
initial
notification
no
later
than
120
days
after
April
14,
2003.
(
c)
If
you
own
or
operate
a
new
or
reconstructed
loop
slitter
or
flame
lamination
affected
source,
submit
the
application
for
construction
or
reconstruction
required
by
§
63.9(
b)(
1)(
iii)
in
lieu
of
the
initial
notification.
(
d)
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
submit
a
notification
of
intent
to
conduct
a
performance
test
at
least
60
calendar
days
before
the
performance
test
is
scheduled
to
begin,
as
required
in
§
63.7(
b)(
1).
(
e)
If
you
own
or
operate
a
loop
slitter
affected
source,
submit
a
Notification
of
Compliance
Status
according
to
§
63.9(
h)(
2)(
ii)
within
60
days
of
the
compliance
date
specified
in
§
63.8786.
(
f)
If
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source,
submit
a
Notification
of
Compliance
Status
according
to
§
63.9(
h)(
2)(
ii)
that
includes
the
results
of
the
performance
test
conducted
according
to
the
requirements
in
Table
3
to
this
subpart.
You
must
submit
the
notification
before
the
close
of
business
on
the
60th
calendar
day
following
the
completion
of
the
performance
test
according
to
§
63.10(
d)(
2).
(
g)
For
each
new
or
reconstructed
flame
lamination
affected
source,
the
Notification
of
Compliance
Status
must
also
include
the
information
in
paragraphs
(
g)(
1)
and
(
2)
that
applies
to
you.
(
1)
The
operating
parameter
value
averaged
over
the
full
period
of
the
performance
test
(
for
example,
average
pH).
(
2)
The
operating
parameter
range
within
which
HAP
emissions
are
reduced
to
the
level
corresponding
to
meeting
the
applicable
emission
limits
in
Table
1
to
this
subpart.
(
h)
For
each
loop
slitter
adhesive
use
affected
source,
the
Notification
of
Compliance
Status
must
also
include
the
information
listed
in
paragraphs
(
h)(
1)
and
(
2)
of
this
section.
(
1)
A
list
of
each
adhesive
used
at
the
affected
source,
its
HAP
content
(
percent
by
mass),
and
the
manufacturer
or
supplier
of
each.
(
2)
A
statement
certifying
that
each
adhesive
that
was
used
at
the
affected
source
during
the
reporting
period
met
the
emission
limit
in
Table
1
to
this
subpart.

§
63.8818
What
reports
must
I
submit
and
when?

(
a)
You
must
submit
each
report
in
Table
6
to
this
subpart
that
applies
to
you.
(
b)
Unless
the
Administrator
has
approved
a
different
schedule
for
submission
of
reports
under
§
63.10(
a),
you
must
submit
each
compliance
report
for
new
or
reconstructed
flame
lamination
affected
sources
semiannually
according
to
paragraphs
(
b)(
1)
through
(
4)
of
this
section.
(
1)
The
first
compliance
report
must
cover
the
period
beginning
on
the
compliance
date
that
is
specified
for
your
affected
source
in
§
63.8786
and
ending
on
June
30
or
December
31,
whichever
date
is
the
first
date
following
the
end
of
the
first
calendar
half
after
the
compliance
date
that
is
specified
for
your
source
in
§
63.8786.
(
2)
The
first
compliance
report
must
be
postmarked
or
delivered
no
later
than
July
31
or
January
31,
whichever
date
follows
the
end
of
the
first
calendar
half
after
the
compliance
date
that
is
specified
for
your
affected
source
in
§
63.8786.
(
3)
Each
subsequent
compliance
report
must
cover
the
semiannual
reporting
period
from
January
1
through
June
30
or
the
semiannual
reporting
period
from
July
1
through
December
31.
(
4)
Each
subsequent
compliance
report
must
be
postmarked
or
delivered
no
later
than
July
31
or
January
31,
whichever
date
is
the
first
date
following
the
end
of
the
semiannual
reporting
period.
(
c)
For
each
loop
slitter
adhesive
use
affected
source,
you
may
submit
annual
compliance
reports
in
place
of
semiannual
reports.
(
d)
For
each
affected
source
that
is
subject
to
permitting
regulations
pursuant
to
40
CFR
part
70
or
40
CFR
part
71,
and
if
the
permitting
authority
has
established
dates
for
submitting
semiannual
reports
pursuant
to
40
CFR
70.6(
a)(
3)(
iii)(
A)
or
40
CFR
71.6(
a)(
3)(
iii)(
A),
you
may
submit
the
first
and
subsequent
compliance
reports
according
to
the
dates
the
permitting
authority
has
established
instead
of
according
to
the
dates
in
paragraphs
(
b)(
1)
through
(
4)
of
this
section.
(
e)
The
compliance
report
must
contain
the
information
in
paragraphs
(
e)(
1)
through
(
5)
of
this
section.
(
1)
Company
name
and
address.
(
2)
Statement
by
a
responsible
official
with
that
official's
name,
title,
and
signature,
certifying
the
truth,
accuracy
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/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Rules
and
Regulations
and
completeness
of
the
content
of
the
report.
(
3)
Date
of
report
and
beginning
and
ending
dates
of
the
reporting
period.
(
4)
If
there
are
no
deviations
from
any
emission
limitations
(
emission
limit
or
operating
limit)
that
applies
to
you,
a
statement
that
there
were
no
deviations
from
the
emission
limitations
during
the
reporting
period.
(
5)
For
each
deviation
from
an
emission
limitation
that
occurs,
the
compliance
report
must
contain
the
information
specified
in
paragraphs
(
e)(
5)(
i)
through
(
iii)
of
this
section.
(
i)
The
total
operating
time
of
each
affected
source
during
the
reporting
period.
(
ii)
Information
on
the
number,
duration,
and
cause
of
deviations
(
including
unknown
cause,
if
applicable),
as
applicable,
and
the
corrective
action
taken.
(
iii)
Information
on
the
number,
duration,
and
cause
for
continuous
parameter
monitoring
system
(
CPMS)
downtime
incidents,
if
applicable,
other
than
downtime
associated
with
zero
and
span
and
other
daily
calibration
checks.
(
f)
The
compliance
report
for
a
new
or
reconstructed
flame
lamination
affected
source
must
also
contain
the
following
information
in
paragraphs
(
f)(
1)
through
(
3)
of
this
section.
(
1)
If
you
had
a
startup,
shutdown
or
malfunction
at
your
new
or
reconstructed
flame
lamination
affected
source
during
the
reporting
period
and
you
took
actions
consistent
with
your
startup,
shutdown,
and
malfunction
plan,
the
compliance
report
must
include
the
information
in
§
63.10(
d)(
5)(
i).
(
2)
If
there
were
no
periods
during
which
the
CPMS
was
out­
of­
control
in
accordance
with
the
monitoring
plan,
a
statement
that
there
were
no
periods
during
which
the
CPMS
was
out­
ofcontrol
during
the
reporting
period.
(
3)
If
there
were
periods
during
which
the
CPMS
was
out­
of­
control
in
accordance
with
the
monitoring
plan,
the
date,
time,
and
duration
of
each
outof
control
period.
(
g)
The
compliance
report
for
a
loop
slitter
adhesive
use
affected
source
must
also
contain
the
following
information
in
paragraphs
(
g)(
1)
and
(
2)
of
this
section.
(
1)
For
each
annual
reporting
period
during
which
you
use
an
adhesive
that
was
not
included
in
the
list
submitted
with
the
Notification
of
Compliance
Status
in
§
63.8816(
h)
(
1),
an
updated
list
of
all
adhesives
used
at
the
affected
source.
(
2)
A
statement
certifying
that
each
adhesive
that
was
used
at
the
affected
source
during
the
reporting
period
met
the
emission
limit
in
Table
1
to
this
subpart.
(
h)
Each
affected
source
that
has
obtained
a
title
V
operating
permit
pursuant
to
40
CFR
part
70
or
40
CFR
part
71
must
report
all
deviations
as
defined
in
this
subpart
in
the
semiannual
monitoring
report
required
by
40
CFR
70.6(
a)(
3)(
iii)(
A)
or
40
CFR
71.6(
a)(
3)(
iii)(
A).
If
an
affected
source
submits
a
compliance
report
pursuant
to
Table
6
to
this
subpart
along
with,
or
as
part
of,
the
semiannual
monitoring
report
required
by
40
CFR
70.6(
a)(
3)(
iii)(
A)
or
40
CFR
71.6(
a)(
3)(
iii)(
A),
and
the
compliance
report
includes
all
required
information
concerning
deviations
from
any
emission
limitation
(
including
any
operating
limit)
in
this
subpart,
submission
of
the
compliance
report
shall
be
deemed
to
satisfy
any
obligation
to
report
the
same
deviations
in
the
semiannual
monitoring
report.
However,
submission
of
a
compliance
report
shall
not
otherwise
affect
any
obligation
the
affected
source
may
have
to
report
deviations
from
permit
requirements
to
the
permit
authority.
(
i)
For
each
startup,
shutdown,
or
malfunction
during
the
reporting
period
where
the
source
does
not
meet
the
emission
limitations
set
out
in
§
63.8790
that
occurs
at
a
new
or
reconstructed
flame
lamination
affected
source
and
that
is
not
consistent
with
your
startup,
shutdown,
and
malfunction
plan,
you
must
submit
an
immediate
startup,
shutdown
and
malfunction
report.
(
1)
An
initial
report
containing
a
description
of
the
actions
taken
for
the
event
must
be
submitted
by
fax
or
telephone
within
2
working
days
after
starting
actions
inconsistent
with
the
plan.
(
2)
A
followup
report
containing
the
information
listed
in
§
63.10(
d)(
5)(
ii)
must
be
submitted
within
7
working
days
after
the
end
of
the
event
unless
you
have
made
alternative
reporting
arrangements
with
the
permitting
authority.

§
63.8820
What
records
must
I
keep?

(
a)
You
must
keep
a
copy
of
each
notification
and
report
that
you
submit
to
comply
with
this
subpart,
including
all
documentation
supporting
any
Initial
Notification
or
Notification
of
Compliance
Status
that
you
submitted,
according
to
the
requirements
in
§
63.10(
b)(
2)(
xiv).
(
b)
For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
also
keep
the
following
records
specified
in
paragraphs
(
b)(
1)
through
(
4)
of
this
section.
(
1)
The
records
in
§
63.6(
e)(
3)(
iii)
through
(
v)
related
to
startup,
shutdown,
and
malfunction.
(
2)
Records
of
performance
tests,
as
required
in
§
63.10(
b)(
2)(
viii).
(
3)
Records
of
operating
parameter
values.
(
4)
Records
of
the
date
and
time
that
each
deviation
started
and
stopped
and
whether
the
deviation
occurred
during
a
period
of
startup,
shutdown,
or
malfunction
or
during
another
period.
(
c)
For
each
loop
slitter
adhesive
use
affected
source,
you
must
keep
the
following
records
specified
in
paragraphs
(
c)(
1)
and
(
2)
of
this
section.
(
1)
A
list
of
each
adhesive
and
the
manufacturer
or
supplier
of
each.
(
2)
A
record
of
EPA
Method
311
(
appendix
A
to
40
CFR
part
63),
approved
alternative
method,
or
other
reasonable
means
of
determining
the
mass
percent
of
total
HAP
for
each
adhesive
used
at
the
affected
source.

§
63.8822
In
what
form
and
how
long
must
I
keep
my
records?
(
a)
Your
records
must
be
in
a
form
suitable
and
readily
available
for
expeditious
review,
according
to
§
63.10(
b)(
1).
(
b)
As
specified
in
§
63.10(
b)(
1),
you
must
keep
each
record
for
5
years
following
the
date
of
each
occurrence,
measurement,
maintenance,
corrective
action,
report,
or
record.
(
c)
You
must
keep
each
record
on
site
for
at
least
2
years
after
the
date
of
each
occurrence,
measurement,
maintenance,
corrective
action,
report,
or
record,
according
to
§
63.10(
b)(
1).
You
can
keep
the
records
offsite
for
the
remaining
3
years.

Other
Requirements
and
Information
§
63.8826
What
parts
of
the
General
Provisions
apply
to
me?
Table
7
to
this
subpart
shows
which
sections
of
the
General
Provisions
in
§
§
63.1
through
63.15
apply
to
you.

§
63.8828
Who
implements
and
enforces
this
subpart?
(
a)
This
subpart
can
be
implemented
and
enforced
by
us,
the
U.
S.
Environmental
Protection
Agency
(
U.
S.
EPA),
or
a
delegated
authority
such
as
your
State,
local,
or
tribal
agency.
If
the
U.
S.
EPA
Administrator
has
delegated
authority
to
your
State,
local,
or
tribal
agency,
then
that
agency,
in
addition
to
the
U.
S.
EPA,
has
the
authority
to
implement
and
enforce
this
subpart.
You
should
contact
your
U.
S.
EPA
Regional
Office
to
find
out
if
implementation
and
enforcement
of
this
subpart
is
delegated
to
your
State,
local,
or
tribal
agency.
(
b)
In
delegating
implementation
and
enforcement
authority
of
this
subpart
to
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a
State,
local,
or
tribal
agency
under
40
CFR
part
63,
subpart
E,
the
authorities
contained
in
paragraph
(
c)
of
this
section
are
retained
by
the
Administrator
of
U.
S.
EPA
and
are
not
transferred
to
the
State,
local,
or
tribal
agency.
(
c)
The
authorities
in
paragraphs
(
c)(
1)
through
(
4)
that
cannot
be
delegated
to
State,
local,
or
tribal
agencies
are
as
follows:
(
1)
Approval
of
alternatives
to
requirements
in
§
§
63.8780,
63.8782,
63.8784,
63.8786,
and
63.8790.
(
2)
Approval
of
major
alternatives
to
test
methods
under
§
63.7(
e)(
2)(
ii)
and
(
f)
and
as
defined
in
§
63.90.
(
3)
Approval
of
major
alternatives
to
monitoring
under
§
63.8(
f)
and
as
defined
in
§
63.90.
(
4)
Approval
of
major
alternatives
to
recordkeeping
and
reporting
under
§
63.10(
f)
and
as
defined
in
§
63.90.

§
63.8830
What
definitions
apply
to
this
subpart?

Terms
used
in
this
subpart
are
defined
in
the
CAA,
in
40
CFR
63.2,
and
in
this
section
as
follows:
Adhesive
means
any
chemical
substance
that
is
applied
for
the
purpose
of
bonding
foam
to
foam,
foam
to
fabric,
or
foam
to
any
other
substrate,
other
than
by
mechanical
means.
Products
used
on
humans
and
animals,
adhesive
tape,
contact
paper,
or
any
other
product
with
an
adhesive
incorporated
onto
it
in
an
inert
substrate
shall
not
be
considered
adhesives
under
this
subpart.
Deviation
means
any
instance
in
which
an
affected
source
subject
to
this
subpart,
or
an
owner
or
operator
of
such
a
source:
(
1)
Fails
to
meet
any
requirement
or
obligation
established
by
this
subpart,
including
but
not
limited
to
any
emission
limitation
(
including
any
operating
limit);
or
(
2)
Fails
to
meet
any
term
or
condition
that
is
adopted
to
implement
an
applicable
requirement
in
this
subpart
and
that
is
included
in
the
operating
permit
for
any
affected
source
required
to
obtain
such
a
permit;
or
(
3)
Fails
to
meet
any
emission
limitation
(
including
any
operating
limit)
in
this
subpart
during
startup,
shutdown,
or
malfunction,
regardless
of
whether
or
not
such
failure
is
permitted
by
this
subpart.
Emission
limitation
means
any
emission
limit
or
operating
limit.
Flame
lamination
means
the
process
of
bonding
flexible
foam
to
one
or
more
layers
of
material
by
heating
the
foam
surface
with
an
open
flame.
Flame
lamination
line
means
the
flame
laminator
and
associated
rollers.
HAP­
based
adhesive
means
an
adhesive
containing
5
percent
(
by
weight)
or
more
of
HAP,
according
to
EPA
Method
311
(
appendix
A
to
40
CFR
part
63)
or
another
approved
alternative.
Loop
slitter
means
a
machine
used
to
create
thin
sheets
of
foam
from
the
large
blocks
of
foam
or
``
buns''
created
at
a
slabstock
flexible
polyurethane
foam
production
plant.
Research
and
development
process
means
a
laboratory
or
pilot
plant
operation
whose
primary
purpose
is
to
conduct
research
and
development
into
new
processes
and
products
where
the
operations
are
under
the
close
supervision
of
technically
trained
personnel,
and
which
is
not
engaged
in
the
manufacture
of
products
for
commercial
sale,
except
in
a
de
minimis
manner.
Responsible
official
means
responsible
official
as
defined
in
40
CFR
70.2.

Tables
to
Subpart
MMMMM
of
Part
63
TABLE
1
TO
SUBPART
MMMMM
OF
PART
63.
 
EMISSION
LIMITS
[
As
stated
in
§
63.8790(
a),
you
must
comply
with
the
emission
limits
in
the
following
table:]

For
.
.
.
You
must
.
.
.

1.
Each
existing,
new,
or
reconstructed
loop
slitter
adhesive
use
affected
source.
Not
use
any
HAP­
based
adhesives.

2.
Each
new
or
reconstructed
flame
lamination
affected
source
.............
Reduce
HAP
emissions
by
90
percent.
3.
Each
existing
flame
lamination
affected
sources
.................................
There
are
no
emission
limits
for
existing
flame
lamination
sources.
However,
you
must
submit
an
initial
notification
per
§
63.8816(
b).

TABLE
2
TO
SUBPART
MMMMM
OF
PART
63.
 
OPERATING
LIMITS
FOR
NEW
OR
RECONSTRUCTED
FLAME
LAMINATION
AFFECTED
SOURCES
[
As
stated
in
§
63.8790(
b),
you
must
comply
with
the
operating
limits
in
the
following
table:]

For
each
.
.
.
You
must
.
.
.

1.
Scrubber
......................................................................................................................................
a.
Maintain
the
daily
average
scrubber
inlet
liquid
flow
rate
above
the
minimum
value
established
during
the
performance
test.
b.
Maintain
the
daily
average
scrubber
effluent
pH
within
the
operating
range
value
established
during
the
performance
test.
c.
If
you
use
a
venturi
scrubber,
maintain
the
daily
average
pressure
drop
across
the
venturi
within
the
operating
range
value
established
during
the
performance
test.
2.
Other
type
of
control
device
to
which
flame
lamination
emissions
are
ducted
..........................
Maintain
your
operating
parameter(
s)
within
the
ranges
established
during
the
performance
test
and
according
to
your
monitoring
plan.

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Regulations
TABLE
3
TO
SUBPART
MMMMM
OF
PART
63.
 
PERFORMANCE
TEST
REQUIREMENTS
FOR
NEW
OR
RECONSTRUCTED
FLAME
LAMINATION
AFFECTED
SOURCES
[
As
stated
in
§
63.8800,
you
must
comply
with
the
requirements
for
performance
tests
for
new
or
reconstructed
flame
lamination
affected
sources
in
the
following
table
using
the
requirements
in
rows
1
through
5
of
the
table
if
you
are
measuring
HCl
and
using
a
scrubber,
row
6
if
you
are
measuring
HCN
and
using
a
scrubber,
and
row
7
if
you
are
using
any
other
control
device:]

For
each
new
or
reconstructed
flame
lamination
affected
source,
you
must
.
.
.
Using
.
.
.
According
to
the
following
requirements
.
.
.

1.
Select
sampling
port's
location
and
the
number
of
traverse
ports.
Method
1
or
1A
in
appendix
A
to
part
60
of
this
chapter.
Sampling
sites
must
be
located
at
the
inlet
and
outlet
of
the
scrubber
and
prior
to
any
releases
to
the
atmosphere.
2.
Determine
velocity
........................
Method
2,
2A,
2C,
2D,
2F,
or
2G
in
appendix
A
to
part
60
of
this
chapter.
3.
Determine
gas
molecular
weight
..
Not
applicable
...............................
Assume
a
molecular
weight
of
29
(
after
moisture
correction)
for
calculation
purposes.
4.
Measure
moisture
content
of
the
stack
gas.
Method
4
in
appendix
A
to
part
60
of
this
chapter.
5.
Measure
HCl
concentration
if
you
use
chlorinated
fire
retardants
in
the
laminated
foam.
a.
Method
26A
in
appendix
A
to
part
60
of
this
chapter.
i.
Measure
total
HCl
emissions
and
determine
the
reduction
efficiency
of
the
control
device
using
Method
26A.
ii.
Collect
scrubber
liquid
flow
rate,
scrubber
effluent
pH,
and
pressure
drop
(
pressure
drop
data
only
required
for
venturi
scrubbers)
every
15
minutes
during
the
entire
duration
of
each
1­
hour
test
run,
and
determine
the
average
scrubber
liquid
flow
rate,
scrubber
effluent
pH,
and
pressure
drop
(
pressure
drop
data
only
required
for
Venturi
scrubbers)
over
the
period
of
the
performance
test
by
computing
the
average
of
all
of
the
15­
minute
readings.
6.
Measure
HCN
concentration
if
you
do
not
use
chlorinated
fire
retardants
in
the
laminated
foam.
a.
A
method
approved
by
the
Administrator
i.
Conduct
the
performance
test
according
to
the
site­
specific
test
plan
submitted
according
to
§
63.7(
c)(
2)(
i).
Measure
total
HCN
emissions
and
determine
the
reduction
efficiency
of
the
control
device
Any
performance
test
which
measures
HCN
concentrations
must
be
submitted
for
the
administrator's
approval
prior
to
testing.
You
must
use
EPA
Method
301
(
40
CFR
part
63,
Appendix
A)
to
validate
your
method.
ii.
Collect
scrubber
liquid
flow
rate,
scrubber
effluent
pH,
and
pressure
drop
(
pressure
drop
data
only
required
for
venturi
scrubbers)
every
15
minutes
during
the
entire
duration
of
each
1­
hour
test
run,
and
determine
the
average
scrubber
liquid
flow
rate,
scrubber
effluent
pH,
and
pressure
drop
(
pressure
drop
data
only
required
for
venturi
scrubbers)
over
the
period
of
the
performance
test
by
computing
the
average
of
all
of
the
15­
minute
readings.
7.
Determine
control
device
efficiency
and
establish
operating
parameter
limits
with
which
you
will
demonstrate
continuous
compliance
with
the
emission
limit
that
applies
to
the
source
if
you
use
any
control
device
other
than
a
scrubber.
a.
EPA­
approved
methods
and
data
from
the
continuous
parameter
monitoring
system.
i.
Conduct
the
performance
test
according
to
the
site­
specific
test
plan
submitted
according
to
§
63.7(
c)(
2)(
i).
ii.
Collect
operating
parameter
data
as
specified
in
the
site­
specific
test
plan.

TABLE
4
TO
SUBPART
MMMMM
OF
PART
63.
 
INITIAL
COMPLIANCE
WITH
EMISSION
LIMITS
[
As
stated
in
§
63.8806,
you
must
comply
with
the
requirements
to
demonstrate
initial
compliance
with
the
applicable
emission
limits
in
the
following
table:]

For
.
.
.
For
the
following
emission
limit
.
.
.
You
have
demonstrated
initial
compliance
if
.
.
.

1.
Each
new,
reconstructed,
or
existing
loop
slitter
adhesive
use
affected
source.
Eliminate
use
of
HAP­
based
adhesives
..........
You
do
not
use
HAP­
based
adhesives.

2.
Each
new
or
reconstructed
flame
lamination
affected
source
using
a
scrubber.
Reduce
HAP
emissions
by
90
percent
............
The
average
HAP
emissions,
measured
over
the
period
of
the
performance
test(
s),
are
reduced
by
90
percent.
3.
Each
new
or
reconstructed
flame
lamination
affected
source
using
any
other
control
device
emissions
by.
Reduce
HAP
emissions
by
90
percent
............
The
average
HAP
emissions,
measured
over
the
period
of
the
performance
test(
s),
are
reduced
by
90
percent.

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71
/
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April
14,
2003
/
Rules
and
Regulations
TABLE
5
TO
SUBPART
MMMMM
OF
PART
63.
 
CONTINUOUS
COMPLIANCE
WITH
EMISSION
LIMITS
AND
OPERATING
LIMITS
[
As
stated
in
§
63.8812(
a),
you
must
comply
with
the
requirements
to
demonstrate
continuous
compliance
with
the
applicable
emission
limits
or
operating
limits
in
the
following
table:]

For
.
.
.
For
the
following
emission
limits
or
operating
limits
.
.
.
You
must
demonstrate
continuous
compliance
by
.
.
.

1.
Each
new,
reconstructed,
or
existing
loop
slitter
affected
source.
Eliminate
use
of
HAP­
based
adhesives
..........
Not
using
HAP­
based
adhesives.

2.
Each
new
or
reconstructed
flame
lamination
affected
source
using
a
scrubber.
a.
Maintain
the
daily
average
scrubber
inlet
liquid
flow
rate
above
the
minimum
value
established
during
the
performance.
b.
Maintain
the
daily
average
scrubber
effluent
pH
within
the
operating
range
established
during
the
performance
test.
c.
Maintain
the
daily
average
pressure
drop
across
the
venturi
within
the
operating
range
established
during
the
performance
test.
If
you
use
another
type
of
scrubber
(
e.
g.,
packed
bed
or
spray
tower
scrubber),
monitoring
pressure
drop
is
not
required.
i.
Collecting
the
scrubber
inlet
liquid
flow
rate
and
effluent
pH
monitoring
data
according
to
§
63.8804(
a)
through
(
c).
ii.
Reducing
the
data
to
1­
hour
and
daily
block
averages
according
to
the
requirements
in
§
63.8804(
a).
iii.
Maintaining
each
daily
average
scrubber
inlet
liquid
flow
rate
above
the
minimum
value
established
during
the
performance
test.
iv.
Maintaining
the
daily
average
scrubber
effluent
pH
within
the
operating
range
established
during
the
performance
test.
v.
If
you
use
a
venturi
scrubber,
maintaining
the
daily
average
pressure
drop
across
the
venturi
within
the
operating
range
established
during
the
performance
test.
3.
Each
new
or
reconstructed
flame
lamination
affected
source
using
any
other
control
device
a.
Maintain
the
daily
average
operating
parameters
above
the
minimum
value
established
during
the
performance
test,
or
within
the
range
established
during
the
performance
test,
as
applicable.
i.
Collected
the
operating
parameter
data
according
to
the
site­
specific
test
plan.
ii.
Reducing
the
data
to
one­
hour
averages
according
to
the
requirements
in
§
63.8804(
a).
iii.
Maintaining
the
daily
average
during
the
rate
above
the
minimum
value
established
during
the
performance
test,
or
within
the
range
established
during
the
performance
test,
as
applicable.

TABLE
6
TO
SUBPART
MMMMM
OF
PART
63.
 
REQUIREMENTS
FOR
REPORTS
[
As
stated
in
§
63.8818(
a),
you
must
submit
a
compliance
report
that
includes
the
information
in
§
63.8818(
e)
through
(
g)
as
well
as
the
information
in
the
following
table.
Rows
1
and
3
of
the
following
table
apply
to
loop
slitter
affected
sources.
Rows
1
through
5
apply
to
flame
lamination
affected
sources.
You
must
also
submit
startup,
shutdown,
and
malfunction
reports
according
to
the
requirements
in
the
following
table
if
you
own
or
operate
a
new
or
reconstructed
flame
lamination
affected
source:]

If
.
.
.
Then
you
must
submit
a
report
or
statement
that
.
.

1.
There
are
no
deviations
from
any
emission
limitations
that
apply
to
you.
There
were
no
deviations
from
the
emission
limitations
during
the
reporting
period.
2.
There
were
no
periods
during
which
the
operating
parameter
monitoring
systems
were
out­
of­
control
in
accordance
with
the
monitoring
plan.
There
were
no
periods
during
which
the
CPMS
were
out­
of­
control
during
the
reporting
period.

3.
There
was
a
deviation
from
any
emission
limitation
during
the
reporting
period.
Contains
the
information
in
§
63.8818(
e)(
5).

4.
There
were
periods
during
which
the
operating
parameter
monitoring
systems
were
out­
of­
control
in
information
in
accordance
with
the
monitoring
plan.
Contains
the
information
in
§
63.8818(
f)(
3).

5.
There
was
a
startup,
shutdown,
or
malfunction
where
the
source
did
not
meet
the
emission
limitations
set
out
in
§
63.8790
at
a
new
or
reconstructed
flame
lamination
affected
source
during
the
reporting
period
that
is
not
consistent
with
your
startup,
shutdown,
and
malfunction
plan..
Contains
the
information
in
§
63.8818(
i).

TABLE
7
TO
SUBPART
MMMMM
OF
PART
63.
 
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
MMMMM
[
As
stated
in
§
63.8826,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:]

Citation
Requirement
Applies
to
subpart
MMMMM
Explanation
§
63.1
...................................
Initial
applicability
determination;
applicability
after
standard
established;
permit
requirements;
extensions;
notifications.
Yes.

§
63.2
...................................
Definitions
...............................................
Yes
.....................................
Additional
definitions
are
found
in
§
63.8830.

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68,
No.
71
/
Monday,
April
14,
2003
/
Rules
and
Regulations
TABLE
7
TO
SUBPART
MMMMM
OF
PART
63.
 
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
MMMMM
 
Continued
[
As
stated
in
§
63.8826,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:]

Citation
Requirement
Applies
to
subpart
MMMMM
Explanation
§
63.3
...................................
Units
and
abbreviations
..........................
Yes.
§
63.4
...................................
Prohibited
activities;
compliance
date;
circumvention,
severability.
Yes.

§
63.5
...................................
Construction/
reconstruction
applicability;
applications;
approvals.
Yes.

§
63.6(
a)
...............................
Compliance
with
standards
and
maintenance
requirements­
applicability.
Yes.

§
63.6(
b)(
1)
 
(
4)
....................
Compliance
dates
for
new
or
reconstructed
sources.
Yes
.....................................
§
63.8786
specifies
compliance
dates.

§
63.6(
b)(
5)
..........................
Notification
if
commenced
construction
or
reconstruction
after
proposal.
Yes.

§
63.6(
b)(
6)
..........................
[
Reserved]
...............................................
Yes.
§
63.6(
b)(
7)
..........................
Compliance
dates
for
new
or
reconstructed
area
sources
that
become
major.
Yes
.....................................
§
63.8786
specifies
compliance
dates.

§
63.6(
c)(
1)
 
(
2)
....................
Compliance
dates
for
existing
sources
...
Yes
.....................................
§
63.8786
specifies
compliance
dates.
§
63.6(
c)(
3)
 
(
4)
....................
[
Reserved]
...............................................
Yes.
§
63.6(
c)(
5)
...........................
Compliance
dates
for
existing
area
sources
that
become
major.
Yes
.....................................
§
63.8786
specifies
compliance
dates.

§
63.6(
d)
...............................
[
Reserved]
...............................................
Yes.
§
63.6(
e)(
1)
..........................
Operation
and
maintenance
requirements.
Yes.

§
63.6(
e)(
2)
..........................
[
Reserved]
...............................................
Yes.
§
63.6(
e)(
3)
..........................
Startup,
shutdown,
and
malfunction
plans.
Yes
.....................................
Only
applies
to
new
or
reconstructed
flame
lamination
affected
sources.
§
63.6(
f)(
1)
...........................
Compliance
except
during
SSM
.............
Yes
.....................................
Only
applies
to
new
or
reconstructed
flame
lamination
affected
sources.
§
63.6(
f)(
2)
 
(
3)
.....................
Methods
for
determining
compliance
......
Yes.
§
63.6(
g)
...............................
Use
of
an
alternative
nonopacity
emission
standard.
Yes.

§
63.6(
h)
...............................
Compliance
with
opacity/
visible
emission
standards.
No
.......................................
Subpart
MMMMM
does
not
specify
opacity
or
visible
emission
standards.
§
63.6(
i)
................................
Extension
of
compliance
with
emission
standards.
Yes.

§
63.6(
j)
................................
Presidential
compliance
exemption
........
Yes.
§
63.7(
a)(
1)
 
(
2)
....................
Performance
test
dates
...........................
Yes
.....................................
Except
for
loop
slitter
affected
sources
as
specified
in
in
§
63.8798(
a).
§
63.7(
a)(
3)
..........................
Administrator's
section
114
authority
to
require
a
performance
test.
Yes.

§
63.7(
b)
...............................
Notification
of
performance
test
and
rescheduling.
Yes.

§
63.7(
c)
...............................
Quality
assurance
program
and
site­
specific
test
plans.
Yes.

§
63.7(
d)
...............................
Performance
testing
facilities
..................
Yes.
§
63.7(
e)(
1)
..........................
Conditions
for
conducting
performance
tests.
Yes.

§
63.7(
f)
................................
Use
of
an
alternative
test
method
..........
Yes.
§
63.7(
g)
...............................
Performance
test
data
analysis,
recordkeeping
and
reporting.
Yes.

§
63.7(
h)
...............................
Waiver
of
performance
tests
...................
Yes.
§
63.8(
a)(
1)
 
(
2)
....................
Applicability
of
monitoring
requirements
Yes
.....................................
Unless
otherwise
specified,
all
of
§
63.8
applies
only
to
new
or
reconstructed
flame
lamination
sources.
Additional
monitoring
requirements
for
these
sources
are
found
in
§
§
63.8794(
f)
and
(
g)
and
63.8804.
§
63.8(
a)(
3)
..........................
[
Reserved]
...............................................
Yes.
§
63.8(
a)(
4)
..........................
Monitoring
with
flares
..............................
No
.......................................
Subpart
MMMMM
does
not
refer
directly
or
indirectly
to
§
63.11.
§
63.8(
b)
...............................
Conduct
of
monitoring
and
procedures
when
there
are
multiple
effluents
and
multiple
monitoring
systems.
Yes.

§
63.8(
c)(
1)
 
(
3)
....................
Continuous
monitoring
system
(
CMS)
operation
and
maintenance.
Yes
.....................................
Applies
as
modified
by
§
63.8794(
f)
and
(
g).
§
63.8(
c)(
4)
...........................
Continuous
monitoring
system
requirements
during
breakdown,
out­
of­
control
repair,
maintenance,
and
highlevel
calibration
drifts.
Yes
.....................................
Applies
as
modified
by
§
63.8794(
g).

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Federal
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/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Rules
and
Regulations
TABLE
7
TO
SUBPART
MMMMM
OF
PART
63.
 
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
MMMMM
 
Continued
[
As
stated
in
§
63.8826,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:]

Citation
Requirement
Applies
to
subpart
MMMMM
Explanation
§
63.8(
c)(
5)
...........................
Continuous
opacity
monitoring
system
(
COMS)
minimum
procedures.
No
.......................................
Subpart
MMMMM
does
not
have
opacity
or
visible
emission
standards.
§
63.8(
c)(
6)
...........................
Zero
and
high
level
calibration
checks
...
Yes
.....................................
Applies
as
modified
by
§
63.8794(
f).
§
63.8(
c)(
7)
 
(
8)
....................
Out­
of­
control
periods,
including
reporting.
Yes.

§
63.8(
d)
 
(
e)
........................
Quality
control
program
and
CMS
performance
evaluation.
No
.......................................
Applies
as
modified
by
§
63.8794(
f)
and
(
g).
§
63.8(
f)(
1)
 
(
5)
.....................
Use
of
an
alternative
monitoring
method
Yes.
§
63.8(
f)(
6)
...........................
Alternative
to
relative
accuracy
test
........
No
.......................................
Only
applies
to
sources
that
use
continuous
emissions
monitoring
systems
(
CEMS).
§
63.8(
g)
...............................
Data
reduction
.........................................
Yes
.....................................
Applies
as
modified
by
§
63.8794(
g).
§
63.9(
a)
...............................
Notification
requirements
 
applicability
..
Yes.
§
63.9(
b)
...............................
Initial
notifications
....................................
Yes
.....................................
Except
§
63.8816(
c)
requires
new
or
reconstructed
affected
sources
to
submit
the
application
for
construction
or
reconstruction
required
by
§
63.9(
b)(
1)(
iii)
in
lieu
of
the
initial
notification
§
63.9(
c)
...............................
Request
for
compliance
extension
.........
Yes.
§
63.9(
d)
...............................
Notification
that
a
new
source
is
subject
to
special
compliance
requirements.
Yes.

§
63.9(
e)
...............................
Notification
of
performance
test
..............
Yes.
§
63.9(
f)
................................
Notification
of
visible
emissions/
opacity
test.
No
.......................................
Subpart
MMMMM
does
not
have
opacity
or
visible
emission
standards.
§
63.9(
g)(
1)
..........................
Additional
CMS
notifications
 
date
of
CMS
performance
evaluation.
Yes.

§
63.9(
g)(
2)
..........................
Use
of
COMS
data
.................................
No
.......................................
Subpart
MMMMM
does
not
require
the
use
of
COMS.
§
63.9(
g)(
3)
..........................
Alternative
to
relative
accuracy
testing
...
No
.......................................
Applies
only
to
sources
with
CEMS.
§
63.9(
h)
...............................
Notification
of
compliance
status
............
Yes.
§
63.9(
i)
................................
Adjustment
of
submittal
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
.....................................
§
§
63.8820
and
63.8822
specify
additional
recordkeeping
requirements.
§
63.10(
b)(
2)(
i)
 
(
xi)
..............
Records
related
to
startup,
shutdown,
and
malfunction
periods
and
CMS.
Yes
.....................................
Only
applies
to
new
or
reconstructed
flame
lamination
affected
sources.
§
63.10(
b)(
2)(
xii)
...................
Records
when
under
waiver
...................
Yes.
§
63.10(
b)(
2)(
xiii)
..................
Records
when
using
alternative
to
relative
accuracy
test.
No
.......................................
Applies
only
to
sources
with
CEMS.

§
63.10(
b)(
2)(
xiv)
..................
All
documentation
supporting
initial
notification
and
notification
of
compliance
status.
Yes
§
63.10(
b)(
3)
........................
Recordkeeping
requirements
for
applicability
determinations.
Yes.

§
63.10(
c)
.............................
Additional
recordkeeping
requirements
for
sources
with
CMS.
Yes
.....................................
Applies
as
modified
by
§
63.8794(
g).

§
63.10(
d)(
1)
........................
General
reporting
requirements
..............
Yes
.....................................
§
63.8818
specifies
additional
reporting
requirements.
§
63.10(
d)(
2)
........................
Performance
test
results
.........................
Yes
§
63.10(
d)(
3)
........................
Opacity
or
visible
emissions
observations
No
.......................................
Subpart
MMMMM
does
not
specify
opacity
or
visible
emission
standards.
§
63.10(
d)(
4)
........................
Progress
reports
for
sources
with
compliance
extensions.
Yes.

§
63.10(
d)(
5)
........................
Startup,
shutdown,
and
malfunction
reports
Yes
.....................................
Only
applies
to
new
or
reconstructed
flame
lamination
affected
sources.
§
63.10(
e)(
1)
........................
Additional
CMS
reports
 
general
...........
Yes
.....................................
Applies
as
modified
by
§
63.8794(
g).
§
63.10(
e)(
2)(
i)
.....................
Results
of
CMS
performance
evaluations
Yes
.....................................
Applies
as
modified
by
§
63.8794(
g).

§
63.10(
e)(
2)
........................
Results
of
continuous
opacity
monitoring
systems
performance
evaluations.
No
.......................................
Subpart
MMMMM
does
require
the
use
of
COMS.
§
63.10(
e)(
3)
........................
Excess
emissions/
CMS
performance
reports
Yes
.....................................
Only
applies
to
new
or
reconstructed
flame
lamination
affected
sources.
§
63.10(
e)(
4)
........................
Continuous
opacity
monitoring
system
data
reports.
No
.......................................
Subpart
MMMMM
does
not
require
the
use
of
COMS.
§
63.10(
f)
..............................
Recordkeeping/
reporting
waiver
.............
Yes
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Federal
Register
/
Vol.
68,
No.
71
/
Monday,
April
14,
2003
/
Rules
and
Regulations
TABLE
7
TO
SUBPART
MMMMM
OF
PART
63.
 
APPLICABILITY
OF
GENERAL
PROVISIONS
TO
SUBPART
MMMMM
 
Continued
[
As
stated
in
§
63.8826,
you
must
comply
with
the
applicable
General
Provisions
requirements
according
to
the
following
table:]

Citation
Requirement
Applies
to
subpart
MMMMM
Explanation
§
63.11.
................................
Control
device
requirements
 
applicability
No
.......................................
Facilities
subject
to
subpart
MMMMM
do
not
use
flares
as
control
devices.
§
63.12
.................................
State
authority
and
delegations
..............
Yes
.....................................
§
63.8828
lists
those
sections
of
subparts
MMMMM
and
A
that
are
not
delegated
§
63.13
.................................
Addresses
...............................................
Yes.
§
63.14
.................................
Incorporation
by
reference
......................
Yes
.....................................
Subpart
MMMMM
does
not
incorporate
any
material
by
reference.
§
63.15
.................................
Availability
of
information/
confidentiality.
Yes.

[
FR
Doc.
03
 
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Filed
4
 
11
 
03;
8:
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am]

BILLING
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