

[Federal Register: April 24, 2007 (Volume 72, Number 78)]
[Rules and Regulations]               
[Page 20227-20237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap07-4]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2002-0093; FRL-8304-2]
RIN 2060-AN10

 
National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks; National Emission 
Standards for Hazardous Air Pollutants for Surface Coating of Plastic 
Parts and Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on amendments to the 
National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks (Automobiles and Light-
Duty Trucks NESHAP) which were promulgated on April 26, 2004, under the 
authority of section 112(d) of the Clean Air Act. The direct final rule 
amends provisions in the Automobiles and Light-Duty Trucks NESHAP to 
clarify the interaction between the Automobiles and Light-Duty Trucks 
NESHAP and the National Emission Standards for Hazardous Air Pollutants 
for Surface Coating of Plastic Parts and Products (Plastic Parts 
NESHAP), to clarify the meaning of certain regulatory provisions, and 
to correct certain errors identified in the regulatory text. EPA is 
also taking direct final action on amendments to the Plastic Parts 
NESHAP to clarify that screen printing is not subject to that rule.

DATES: The direct final rule is effective on June 25, 2007 without 
further notice,

[[Page 20228]]

unless EPA receives adverse written comment or a public hearing is 
requested. If we receive adverse comment or a request for a public 
hearing, we will publish a timely withdrawal in the Federal Register 
informing the public that this rule, or the relevant provisions of this 
rule, will not take effect. Written comments must be received on or 
before May 24, 2007 unless a public hearing is requested by May 4, 
2007. If a public hearing is requested, written comments must be 
received on or before June 8, 2007. If anyone contacts EPA requesting 
to speak at a public hearing, a public hearing will be held on May 9, 
2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0093, by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
     E-mail: a-and-r-docket@epa.gov and salman.dave@epa.gov.

     Fax: (202) 566-1741 and (919) 541-0246.
     Mail: U.S. Postal Service, send comments to: Air and 
Radiation Docket (6102T), 1200 Pennsylvania Avenue, NW., Washington, DC 
20460. Please include a total of two copies.
     Hand Delivery: In person or by courier, deliver comments 
to: Air and Radiation Docket (6102T), EPA West, Room 3334, 1301 
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. Please include a total of two copies.
    We request that you also send a separate copy of each comment to 
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0093. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation Docket, 

EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The 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 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For further information contact Mr. 
David Salman, EPA, Office of Air Quality Planning and Standards, Sector 
Policies and Programs Division, Coatings and Chemicals Group (E143-01), 
Research Triangle Park, NC 27711; telephone number (919) 541-0859; fax 
number (919) 541-0246; e-mail address: salman.dave@epa.gov.

SUPPLEMENTARY INFORMATION:
    Why is EPA using a direct final rule? EPA is publishing this rule 
without a prior proposed rule because we view this as a 
noncontroversial action and anticipate no adverse comment. This direct 
final rule amends provisions in the Automobiles and Light-Duty Trucks 
NESHAP to clarify the interaction between the Automobiles and Light-
Duty Trucks NESHAP and the Plastic Parts NESHAP, to clarify the meaning 
of certain regulatory provisions, and to correct certain errors 
identified in the regulatory text. The direct final rule also amends 
the Plastic Parts NESHAP to clarify that screen printing is not subject 
to that rule.
    However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule if adverse comments are received on this direct final 
rule or a public hearing is requested, and the direct final rule is, 
therefore, withdrawn. We will not institute a second comment period on 
the proposed rule. Any parties interested in commenting must do so at 
this time. For further information about commenting on this direct 
final rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment or a public hearing is requested, 
we will publish a timely withdrawal in the Federal Register informing 
the public that this direct final rule will not take effect. We would 
address all public comments in any subsequent final rule based on the 
proposed rule.
    If we receive adverse comment on a distinct provision of this 
rulemaking, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are 
not withdrawn will become effective on the date set out above, 
notwithstanding adverse comment on any other provision.
    Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of the 

information that you claim to be CBI. For CBI information on a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

[[Page 20229]]



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                                               Examples of potentially
           Category            NAICS* code       regulated entities
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Industry.....................       336111  Automobile manufacturing.
                                    336112  Light truck and utility
                                             vehicle manufacturing.
                                    336211  Motor vehicle body
                                             manufacturing.
                                    336120  Heavy duty truck
                                             manufacturing.
                                    323113  Commercial screen printing.
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* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria of the rule. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's direct final action will also be 
available on the WWW through the Technology Transfer Network (TTN). 
Following the Administrator's signature, a copy of the NESHAP will be 
posted on the TTN's policy and guidance page for newly proposed or 
promulgated rules at http://www.epa.gov/ttn/oarpg/. The TTN at EPA's 

Web site provides information and technology exchange in various areas 
of air pollution control.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, NC, or at an alternate site nearby.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act 
(CAA), judicial review of the direct final rule amendments is available 
only by filing a petition for review in the United States Court of 
Appeals for the District of Columbia Circuit by June 25, 2007. 
Moreover, under section 307(b)(2) of the CAA, the requirements 
established by the direct final rule amendments may not be challenged 
separately in any civil or criminal proceeding brought by EPA to 
enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
II. Amendments
    A. Applicability
    B. Recordkeeping
    C. Electrodeposition Primer
    D. Transfer Efficiency
    E. Equations
    F. Monitoring
    G. Uncounted Capture and Control
    H. Definitions
III. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132, Federalism
    F. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045, Protection of Children From 
Environmental Health 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
    J. Congressional Review Act

I. Background

    On April 26, 2004, we issued the final Automobiles and Light-Duty 
Trucks NESHAP (69 FR 22602). The final NESHAP established standards to 
control organic hazardous air pollutant (HAP) emissions from new and 
existing automobile and light-duty truck surface coating operations. 
This action amends the final Automobiles and Light-Duty Trucks NESHAP 
to clarify the interaction between that rule and the Plastic Parts 
NESHAP, to clarify the meaning of certain regulatory provisions, and to 
correct certain errors in the regulatory text. On April 19, 2004, we 
issued the final Plastic Parts NESHAP (69 FR 20968). The final NESHAP 
established standards to control organic hazardous air pollutant (HAP) 
emissions from new and existing plastic parts coating operations. 
Today's action amends the Plastic Parts NESHAP to clarify that screen 
printing is not subject to that rule. None of the amendments will have 
any effect on the stringency of the rules.

II. Amendments

    All of the amendments discussed below are amendments to the 
Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart 
IIII), except for one amendment to the Plastic Parts NESHAP (40 CFR 
part 63, subpart PPPP) which is discussed at the end of section II.A. 
``Applicability.''

A. Applicability

    Plastic or composite body parts are used in many automobiles and 
light-duty trucks. These parts are typically fabricated (molded, 
stamped, formed, etc.) and prime coated at plastic or composites 
molding facilities, and then sent to automobile or light-duty truck 
assembly facilities where they receive an additional prime coat and 
topcoat. The coating activities at plastic or composites molding 
facilities were considered in the development of the Plastic Parts 
NESHAP (40 CFR part 63, subpart PPPP) and are subject to that 
regulation. The coating activities at automobile or light-duty truck 
assembly facilities were considered in the development of the final 
Automobiles and Light-Duty Trucks NESHAP and are subject to that 
regulation.
    The application of ``topcoat to new automobile or new light-duty 
truck bodies or body parts for new automobiles or new light-duty 
trucks'' is used as an applicability criterion in 40 CFR 63.3081(b) of 
the final Automobiles and Light-Duty Trucks NESHAP. The intent of this 
applicability criterion was to keep the coating of plastic or composite 
body parts at plastic or composites molding facilities, which is 
subject to the Plastic Parts NESHAP, from being subject to the 
Automobiles and Light-Duty Trucks NESHAP. The structure of this 
applicability criterion was based on our knowledge, at the time, of the 
application of prime coat to plastic or composite body parts at plastic 
or composites molding facilities. Specifically, at the time we 
developed the applicability criterion, we were unaware of any 
application of topcoat to plastic or composite body parts occurring at 
plastic or composites molding facilities.
    We have since learned that there is some application of topcoat to 
plastic or composite body parts at plastic or composites molding 
facilities. The applicability criterion in 40 CFR 63.3081(b) of the 
Automobiles and Light-Duty Trucks NESHAP, therefore, could have the 
unintended consequence of making coating at plastic and composite 
molding facilities subject to Automobiles and Light-Duty Trucks NESHAP. 
We have amended 40 CFR 63.3081(b) and added a definition of ``plastic 
or composites molding facility'' to clarify that the application of 
topcoat to plastic or composite body parts at a

[[Page 20230]]

plastic or composites molding facility does not trigger applicability 
of this subpart as long as all of the body parts topcoated at the 
plastic or composites molding facility for use in new automobiles or 
new light-duty trucks were fabricated (molded, stamped, formed, etc.) 
at that facility or at another plastic or composites molding facility 
with the same owner or operator, none of the new vehicles in which 
these body parts are used are assembled at the plastic or composites 
molding facility, and the plastic or composites molding facility does 
not topcoat all of the body parts for any single new automobile or new 
light-duty truck.
    We are also amending the Plastic Parts NESHAP because there has 
been some confusion as to whether that NESHAP regulates screen 
printing. Specifically, the definition of the term ``coating'' in the 
Plastic Parts NESHAP includes the word ``ink.'' Some screen printing is 
done on plastic. Screen printing on plastic, however, is part of the 
printing and publishing source category. The printing and publishing 
source category is addressed in the National Emission Standards for the 
Printing and Publishing Industry (40 CFR part 63, subpart KK). We are, 
therefore, amending 40 CFR 63.4481 of the Plastic Parts NESHAP to 
clarify that screen printing is not subject to the Plastic Parts 
NESHAP.

B. Recordkeeping

    After publication of the final Automobiles and Light-Duty Trucks 
NESHAP, a question was raised about the types of records required to be 
kept under 40 CFR 63.3130(o). The question was whether these records 
were limited to operating instructions, or whether other records, such 
as construction blueprints, also needed to be maintained. We have 
amended 40 CFR 63.3130(o) to clarify that the operating instructions 
for each add-on control device and each continuous parameter monitoring 
system must be kept on-site for the life of the equipment in a location 
readily available to plant operators and inspectors.

C. Electrodeposition Primer

    An electrodeposition primer tank or system typically contains tens 
of thousands of gallons of material. As a result, monthly material 
usage for electrodeposition primer is typically determined by tracking 
additions to the tank or system over the month. This contrasts to other 
coating operations, such as topcoat or primer-surfacer, where monthly 
usage of each material is typically determined by tracking additions to 
a small (e.g., 500 gallon) day tank over the month and the change in 
the amount of material in the day tank from the beginning of the month 
to the end of the month.
    After publication of the final rule, we were asked if we could 
clarify that material usage and other parameters relevant to 
electrodeposition primer are determined based upon additions to the 
tank or system over the month. We have amended 40 CFR 63.3161(e) to 
clarify that for electrodeposition primer the mass fraction of organic 
HAP, density and volume of each material used is to be determined for 
each material added to the tank or system during the month. We have 
amended 40 CFR 63.3161(f) to clarify that for electrodeposition primer 
the volume fraction of coating solids is to be determined for each 
material added to the tank or system during the month.
    The determination of capture efficiency is discussed in 40 CFR 
63.3165 of the final rule. The introductory text to 40 CFR 63.3165 of 
the final rule states that a bake oven air seal is not considered a 
natural draft opening to a permanent total enclosure or a temporary 
total enclosure provided the direction of air movement across the 
interface between the bake oven air seal and the bake oven is into the 
bake oven. This includes electrodeposition bake oven air seals. Capture 
of emissions from electrodeposition bake ovens is also discussed in 40 
CFR 63.3171(f) of the final rule. After publication of the final rule, 
we were asked if we could clarify that electrodeposition bake oven air 
seals were intended to be considered in the same manner under 40 CFR 
63.3171(f) as they are considered in 40 CFR 63.3165 introductory text. 
We have amended 40 CFR 63.3171(f) to clarify that an electrodeposition 
bake oven air seal is not considered a natural draft opening provided 
the direction of air movement across the interface between the bake 
oven air seal and the bake oven is into the bake oven.

D. Transfer Efficiency

    The final rule requires that transfer efficiency be determined for 
many coatings used in automobile or light-duty truck coating 
operations. The final rule states that transfer efficiency may be 
determined using ASTM Method D5066-91 (Reapproved 2001), Standard Test 
Method for Determination of the Transfer Efficiency Under Production 
Conditions for Spray Application of Automotive Paints-Weight Basis 
(incorporated by reference, see 40 CFR 63.14), or the guidelines 
presented in Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22). The final rule provides default transfer efficiency values for 
electrodeposition primer coatings, glass bonding primers, glass bonding 
adhesives, and final repair coatings. The guidelines provide default 
transfer efficiency values for certain specialty or low-use coatings 
such as blackout and interior color.
    After publication of the final rule, a question was raised about 
whether the default transfer efficiency values in the guidelines could 
be used for chip resistant edge primer, lower body anti-chip coating 
and underbody anti-chip coating. These types of coatings are not 
explicitly mentioned in the guidelines, because the guidelines do not 
discuss primer-surfacer operations in detail. We believe it is 
appropriate to apply the default transfer efficiency values in the 
guidelines to these types of coatings and are amending the rule 
accordingly. Similar to blackout, lower-body anti-chip coating and chip 
resistant edge primer are applied to relatively small areas of the 
vehicle. Underbody anti-chip coatings are typically applied with 
efficient airless applicators. Specifically, we have amended 40 CFR 
63.3161(g) to provide default transfer efficiency values for these 
types of coatings. We have also added definitions of ``chip resistant 
edge primer,'' ``lower body anti-chip coating,'' and ``underbody anti-
chip coating,'' and revised the definitions of ``anti-chip coating,'' 
``deadener,'' and ``primer-surfacer'' to better identify the types of 
coatings for which default transfer efficiency values can be used.

E. Equations

    We have corrected Equation 5 in 40 CFR 63.3161(l) by removing ``/
100'' from the end of the equation. This division by 100 is incorrect 
because the transfer efficiency (TE) is expressed as a decimal value 
rather than as a percentage.
    We have revised Equation 4 in Sec.  63.3165(e) by changing the 
symbol ``Pi'' to ``Pv,i'' to emphasize that the panel test result in 
this equation is expressed in mass (kg) of volatile organic compounds 
(VOC) per volume (liter) of coating solids deposited. This helps 
distinguish this equation from Equation 7 in 40 CFR 63.3165(e) where 
the symbol ``Pm,i'' is used to emphasize that the panel test result in 
that equation is expressed in mass (kg) of VOC per mass (kg) of coating 
solids deposited.
    We have revised the description of the symbol 
``Wvocc,i'' in Equations 6 and 7 in 40 CFR 63.3165(e) to 
specify that the guidelines for combining analytical

[[Page 20231]]

VOC content and formulation solvent content are in Section 9 of the 
Protocol for Determining Daily Volatile Organic Compound Emission Rate 
of Automobile and Light-Duty Truck Coating Operations (Protocol). The 
description of the symbol ``Wvocc,i'' in Equations 6 and 7 
in 40 CFR 63.3165(e) of the final rule provided only a general 
reference to the Protocol.
    We have corrected Equation 7 in 40 CFR 63.3165(e) by adding a 
multiplier of ``100'' to the numerator of the equation. This multiplier 
is needed in order for the result of the equation to be expressed as a 
percentage.

F. Monitoring

    The temperature operating limits for thermal oxidizers, catalytic 
oxidizers and condensers are identified as ``3-hour'' operating limits 
in Table 1 of the final rule. The ``3-hour'' specification was 
inadvertently omitted from 40 CFR 63.3167(a)(2), (b)(2), and (d)(2) of 
the final rule. We have revised 40 CFR 63.3167(a)(2), (b)(2), and 
(d)(2) to clarify that these operating limits are 3-hour averages.
    Catalyst activity testing and internal inspection of the catalyst 
are specified in 40 CFR 63.3167(b)(6) of the final Automobiles and 
Light-Duty Trucks rule. Similar specifications are provided in 40 CFR 
63.4567(b)(4) of the Plastic Parts NESHAP. The specifications in the 
Plastic Parts NESHAP include an explanation of how to proceed if 
problems are found during annual catalyst activity testing or annual 
internal inspection of the catalyst. This explanation was inadvertently 
omitted from the final Automobiles and Light-Duty Trucks rule. We have 
revised 40 CFR 63.3167(b)(6) to explain how to proceed if problems are 
found during annual catalyst activity testing or annual internal 
inspection of the catalyst.
    The exceptions provided in 40 CFR 63.3167(f), for capture devices 
that are part of a PTE or that capture emissions from a downdraft spray 
booth or from a flashoff area or bake oven associated with a downdraft 
spray booth, were inadvertently omitted from the entry for ``Emission 
capture system that is not a PTE'' in Table 1 of the final rule. We 
have revised Table 1 of the final rule to make the entry for ``Emission 
capture system that is not a PTE'' consistent with 40 CFR 63.3167(f) of 
the final rule and to correct a typographical error.

G. Uncounted Capture and Control

    Some facilities have capture systems or add-on control devices 
installed and operated to control VOC emissions which they do not need 
to take into account in order to demonstrate compliance with the 
emission limitations for organic hazardous air pollutants in the final 
rule. After publication of the final rule, we were asked whether 
testing and monitoring requirements apply to capture systems or add-on 
control devices that are not taken into account in demonstrating 
compliance with the emission limitations for organic hazardous air 
pollutants in the final rule. Other surface coating NESHAP have 
separate compliance demonstration provisions for ``emission rate 
without add-on control'' and ``emission rate with add-on control''. We 
intended to provide the same flexibility in the Automobiles and Light-
Duty Trucks NESHAP. We, therefore, have added new sections 40 CFR 
63.3169 and 40 CFR 63.3174 and added a definition of ``controlled 
coating operation'' to clarify that the requirements for capture system 
or add-on control device reporting, recordkeeping, performance tests, 
monitoring, operating parameters, capture efficiency, add-on control 
device efficiency, destruction efficiency, or removal efficiency do not 
apply to capture systems or add-on control devices which the owner or 
operator chooses not to take into account when demonstrating compliance 
with the applicable emission limitations. If, at a later date, the 
owner or operator decides to take any such capture system or add-on 
control device into account when demonstrating compliance with the 
emission limitations, then, at that time, the owner or operator must 
comply with the reporting, recordkeeping, performance tests, 
monitoring, operating parameters, capture efficiency, add-on control 
device efficiency, destruction efficiency, or removal efficiency for 
that capture system or add-on control device.

H. Definitions

    In addition to the definition changes described above, we have made 
several other changes to the definitions in the final rule. After 
publication of the final rule, we were asked if we could clarify that 
``bake oven air seals'' may be present both on bake ovens associated 
with spray booths and on bake ovens associated with electrodeposition 
primer operations. We have revised the definition of ``bake oven air 
seal'' to clarify that both bake ovens associated with spray booth and 
electrodeposition primer bake ovens may have bake oven air seals. We 
have also revised the definition of ``spray booth air seal'' to make it 
consistent with the definition of ``bake oven air seal.'' The 
definition of ``bake oven air seal'' referred to ``entry or entry 
vestibule to or an exit or exit vestibule'' whereas the definition of 
``spray booth air seal'' inadvertently referred only to ``entry 
vestibule or exit vestibule.'' We have revised the definition of 
``touchup bottle'' to allow the container size to be up to 0.25 liters 
and to clarify that the applicator may be a brush or other non-
atomizing applicator.

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
OMB has previously approved the information collection requirements 
contained in the existing regulations (40 CFR part 63, subpart IIII) 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et 
seq., and has assigned OMB control number 2060-0550, EPA ICR No. 
2045.03. A copy of the Information Collection Request (ICR) may be 
obtained from Ms. Susan Auby by mail at the Office of Environmental 
Information, Collection Strategies Division (2822), EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at 
auby.susan@epa.gov, or by calling (202) 566-1672.

    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

[[Page 20232]]

C. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's direct final rule 
on small entities, small entity is defined as: (1) A small business 
according to Small Business Administration size standards for companies 
identified by NAICS codes 336111 (automobile manufacturing) and 336112 
(light truck and utility vehicle manufacturing) with 1,000 or fewer 
employees or by NAICS code 323113 (commercial screen printing) with 500 
or fewer employees; (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district, or special 
district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. 
Based on the above definition, there are no small entities presently 
engaged in automobile and light-duty truck surface coating. While there 
are small entities presently engaged in commercial screen printing, 
today's direct final rule amendments would not impose any requirements 
on commercial screen printers.
    After considering the economic impacts of the final rule on small 
entities, EPA has concluded and hereby certifies that this action will 
not have a significant economic impact on a substantial number of small 
entities. This is based on the observation that this action affects no 
small entities since none are engaged in the surface coating of 
automobiles and light-duty trucks, and no requirements are imposed on 
commercial screen printers.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating a 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 cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that the direct final rule amendments do not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. The direct final rule 
amendments add no additional burden on sources. Thus, the direct final 
rule amendments are not subject to the requirements of sections 202 and 
205 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'' is 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 direct final rule amendments do not have federalism 
implications. They will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. No 
facilities subject to the direct final rule amendments are owned by 
State or local governments. Therefore, State and local governments will 
not have any direct compliance costs resulting from the direct final 
rule amendments. Furthermore, the direct final rule amendments do not 
require these governments to take on any new responsibilities. Thus, 
Executive Order 13132 does not apply to the direct final rule 
amendments.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The direct final rule 
amendments do not have tribal implications as specified in Executive 
Order 13175. They 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, because we are not 
aware of any Indian tribal governments or communities affected by the 
direct final rule amendments. Thus, Executive Order 13175 does not 
apply to the direct final rule amendments.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (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 regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying to those 
regulatory actions that concern health or safety risks, such

[[Page 20233]]

that the analysis required under section 5-501 of the Executive Order 
has the potential to influence the regulation. The direct final rule 
amendments are not subject to Executive Order 13045 because they are 
based solely on technology performance.

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

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

I. National Technology Transfer and Advancement Act

    The direct final rule amendments do not involve technical 
standards. Therefore, EPA is not considering the use of any VCS.

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. EPA will submit a report containing the 
direct final rule amendments and other required information to the 
United States Senate, the United States House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the direct final rule amendments in the Federal Register. A ``major 
rule'' cannot take effect until 60 days after it is published in the 
Federal Register. The direct final rule amendments are not a ``major 
rule'' as defined by 5 U.S.C. 804(2). The direct final rule amendments 
will be effective on June 25, 2007.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, and Reporting and recordkeeping requirements.

    Dated: April 18, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, Title 40, chapter I, part 63 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

Subpart IIII--[Amended]

0
2. Section 63.3081 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.3081  Am I subject to this subpart?

* * * * *
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3082, that, except as noted in paragraph (b)(1) of this section, is 
located at a facility which applies topcoat to new automobile or new 
light-duty truck bodies or body parts for new automobiles or new light-
duty trucks, and that is a major source, is located at a major source, 
or is part of a major source of emissions of hazardous air pollutants 
(HAP). You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3082, in which you choose to include, pursuant to Sec.  63.3082(c), 
any coating operations which apply coatings to new other motor vehicle 
bodies or body parts for new other motor vehicles; parts intended for 
use in new automobiles, new light-duty trucks, or new other motor 
vehicles; or aftermarket repair or replacement parts for automobiles, 
light-duty trucks, or other motor vehicles; and the affected source is 
located at a facility that is a major source, is located at a major 
source, or is part of a major source of emissions of HAP. A major 
source of HAP emissions is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit any single HAP at a rate of 9.07 
megagrams (Mg) (10 tons) or more per year or any combination of HAP at 
a rate of 22.68 Mg (25 tons) or more per year.
    (1) You are not subject to this subpart if you meet all of the 
criteria of paragraphs (b)(1)(i) through (iii) of this section:
    (i) Your coating operation is located at a plastic or composites 
molding facility;
    (ii) All of the body parts topcoated at your facility for use in 
new automobiles or new light-duty trucks were fabricated (molded, 
stamped, formed, etc.) at your facility or at another plastic or 
composites molding facility which you own or operate, and none of the 
new vehicles in which these body parts are used are assembled at your 
facility; and
    (iii) You do not topcoat all of the body parts for any single new 
automobile or new light-duty truck at your facility.
    (2) [Reserved]
* * * * *

0
3. Section 63.3130 is amended by revising paragraph (o) to read as 
follows:


Sec.  63.3130  What records must I keep?

* * * * *
    (o) For each add-on control device and for each continuous 
parameter monitoring system, a copy of the equipment operating 
instructions must be maintained on-site for the life of the equipment 
in a location readily available to plant operators and inspectors. You 
may prepare your own equipment operating instructions, or they may be 
provided to you by the equipment supplier or other third party.

0
4. Section 63.3161 is amended by:
0
a. Revising paragraph (e);
0
b. Revising paragraph (f) introductory text;
0
c. Adding a new sentence at the end of paragraph (g); and
0
d. Revising paragraph (l) to read as follows:


Sec.  63.3161  How do I demonstrate initial compliance?

* * * * *
    (e) Determine the mass fraction of organic HAP, density, and volume 
used. Follow the procedures specified in Sec.  63.3151(a) through (c) 
to determine the mass fraction of organic HAP and the density and 
volume of each coating and thinner used during each month. For 
electrodeposition primer operations, the mass fraction of organic HAP, 
density, and volume used must be determined for each material added to 
the tank or system during each month.
    (f) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liter of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material, as specified in 
paragraphs (f)(1) and (2) of this section. For electrodeposition primer 
operations, the volume fraction of solids must be determined for each 
material added to the tank or system during each month. If test results 
obtained according to paragraph (f)(1) of this section do not agree 
with the information obtained under paragraph (f)(2) of this section, 
the test results will take precedence unless, after consultation, the 
facility demonstrates to the satisfaction of the enforcement authority 
that the facility's data are correct.

[[Page 20234]]

    (g) * * * For blackout, chip resistant edge primer, interior color, 
in-line repair, lower body anti-chip coatings, or underbody anti-chip 
coatings, you may assume 40 percent transfer efficiency for air 
atomized spray, 55 percent transfer efficiency for electrostatic spray 
and high volume-low pressure spray, and 80 percent transfer efficiency 
for airless spray.
* * * * *
    (l) Calculate the total volume of coating solids deposited. 
Determine the total volume of coating solids deposited, liters, in the 
combined electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR24AP07.001

Where:
Vsdep = Total volume of coating solids deposited during 
the month, liters.
Volc,i = Total volume of coating, i, used during the 
month, liters.
Vs,i = Volume fraction of coating solids for coating, i, 
liter solids per liter coating, determined according to Sec.  
63.3161(f).
TEc,i = Transfer efficiency of coating, i, determined 
according to Sec.  63.3161(g), expressed as a decimal, for example 
60 percent must be expressed as 0.60.
M = Number of coatings used during the month.

* * * * *

0
5. Section 63.3165 is amended by:
0
a. Revising Equation 4 in paragraph (e) introductory text;
0
b. Revising Equation 6 in paragraph (e)(2); and
0
c. Revising paragraph (e)(3) to read as follows:


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

* * * * *
    (e) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AP07.002
    
Where:
CEi = Capture efficiency for coating, i, or for the group 
of coatings, including coating, i, for the flash-off area or bake 
oven for which the panel test is conducted, percent.
Pv,i = Panel test result for coating, i, or for the 
coating representing coating, i, in the panel test, kg of VOC per 
liter of coating solids deposited.
Vsdep,i = Volume of coating solids deposited per volume 
of coating used for coating, i, or composite volume of coating 
solids deposited per volume of coating used for the group of 
coatings including coating, i, in the spray booth(s) preceding the 
flash-off area or bake oven for which the panel test is conducted, 
liter of coating solids deposited per liter of coating used, from 
Equation 5 of this section.
VOCi = Mass of VOC per volume of coating for coating, i, 
or composite mass of VOC per volume of coating for the group of 
coatings including coating, i, kg per liter, from Equation 6 of this 
section.

* * * * *
    (2) * * *
    [GRAPHIC] [TIFF OMITTED] TR24AP07.003
    
Where:
VOCi = Mass of VOC per volume of coating for coating, i, 
or composite mass of VOC per volume of coating for the group of 
coatings including coating, i, used during the month in the spray 
booth(s) preceding the flash-off area or bake oven for which the 
panel test is conducted, kg VOC per liter coating.
Dc,i = Density of coating, i, or average density of the 
group of coatings, including coating, i, kg coating per liter 
coating, density determined according to Sec.  63.3151(b).
Wvocc,i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings, including coating, 
i, kg VOC per kg coating, determined by Method 24 (appendix A to 40 
CFR part 60) or the guidelines for combining analytical VOC content 
and formulation solvent content presented in Section 9 of ``Protocol 
for Determining Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-
018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22).

    (3) As an alternative, you may choose to express the results of 
your panel tests in units of mass of VOC per mass of coating solids 
deposited and convert such results to a percent using Equation 7 of 
this section. If you panel test representative coatings, then you may 
convert the panel test result for each representative coating either to 
a unique percent capture efficiency for each coating grouped with that 
representative coating by using coating specific values for the mass of 
coating solids deposited per mass of coating used, mass fraction VOC, 
transfer efficiency, and mass fraction solids in Equations 7 and 8 of 
this section; or to a composite percent capture efficiency for the 
group of coatings by using composite values for the group of coatings 
for the mass of coating solids deposited per mass of coating used and 
average values for the mass of VOC per volume of coating, average 
values for the group of coatings for mass fraction VOC, transfer 
efficiency, and mass fraction solids in Equations 7 and 8 of this 
section. If you panel test each coating, then you must convert the 
panel test result for each coating to a unique percent capture 
efficiency for that coating by using coating specific values for the 
mass of coating solids deposited per mass of coating used, mass 
fraction VOC, transfer efficiency, and mass fraction solids in 
Equations 7 and 8 of this section. Panel test results expressed in 
units of mass of VOC per mass of coating solids deposited must be 
converted to percent capture efficiency using Equation 7 of this 
section:

[[Page 20235]]

[GRAPHIC] [TIFF OMITTED] TR24AP07.004

Where:
CEi = Capture efficiency for coating, i, or for the group 
of coatings including coating, i, for the flash-off area or bake 
oven for which the panel test is conducted, percent.
Pm,i = Panel test result for coating, i, or for the 
coating representing coating, i, in the panel test, kg of VOC per kg 
of coating solids deposited.
Wsdep,i = Mass of coating solids deposited per mass of 
coating used for coating, i, or composite mass of coating solids 
deposited per mass of coating used for the group of coatings, 
including coating, i, in the spray booth(s) preceding the flash-off 
area or bake oven for which the panel test is conducted, kg of 
solids deposited per kg of coating used, from Equation 8 of this 
section.
Wvocc,i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings, including coating, 
i, kg VOC per kg coating, determined by Method 24 (appendix A to 40 
CFR part 60) or the guidelines for combining analytical VOC content 
and formulation solvent content presented in Section 9 of ``Protocol 
for Determining Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-
018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22).

* * * * *

0
6. Section 63.3167 is amended by:
0
a. Revising the second sentence of paragraph (a)(2);
0
b. Revising paragraph (b)(2);
0
c. Revising paragraph (b)(6); and
0
d. Revising the second sentence of paragraph (d)(2) to read as follows:


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

* * * * *
    (a) * * *
    (2) * * * This average combustion temperature is the minimum 3-hour 
average operating limit for your thermal oxidizer.
* * * * *
    (b) * * *
    (2) Use all valid data collected during the performance test to 
calculate and record the average temperature just before the catalyst 
bed and the average temperature difference across the catalyst bed 
maintained during the performance test. The minimum 3-hour average 
operating limits for your catalytic oxidizer are the average 
temperature just before the catalyst bed maintained during the 
performance test of that catalytic oxidizer and 80 percent of the 
average temperature difference across the catalyst bed maintained 
during the performance test of that catalytic oxidizer, except during 
periods of low production, the latter minimum operating limit is to 
maintain a positive temperature gradient across the catalyst bed. A low 
production period is when production is less than 80 percent of 
production rate during the performance test of that catalytic oxidizer.
* * * * *
    (6) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(4) or (b)(5) of this section. The plan must 
address, at a minimum, the elements specified in paragraphs (b)(6)(i) 
through (iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take other 
corrective action consistent with the manufacturer's recommendations.
    (ii) Monthly external inspection of the catalytic oxidizer system, 
including the burner assembly and fuel supply lines for problems and, 
as necessary, adjust the equipment to assure proper air-to-fuel 
mixtures.
    (iii) Annual internal inspection of the catalyst bed to check for 
channeling, abrasion, and settling. If problems are found during the 
annual internal inspection of the catalyst, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations. If the catalyst bed is replaced and is 
not of like or better kind and quality as the old catalyst, then you 
must conduct a new performance test to determine destruction efficiency 
according to Sec.  63.3166. If a catalyst bed is replaced and the 
replacement catalyst is of like or better kind and quality as the old 
catalyst, then a new performance test to determine destruction 
efficiency is not required and you may continue to use the previously 
established operating limits for that catalytic oxidizer.
* * * * *
    (d) * * *
    (2) * * * This average condenser outlet gas temperature is the 
maximum 3-hour average operating limit for your condenser.
* * * * *

0
7. Section 63.3169 is added to read as follows:


Sec.  63.3169  What are the requirements for a capture system or add-on 
control device which is not taken into account when demonstrating 
compliance with the applicable emission limitations?

    You may have capture systems or add-on control devices which you 
choose not to take into account when demonstrating compliance with the 
applicable emission limitations. For any such capture system or add-on 
control device, you are not required to comply with the requirements of 
Sec. Sec.  63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 
63.3160 through 63.3168 with regard to notification, reporting, 
recordkeeping, performance tests, monitoring, operating parameters, 
capture efficiency, add-on control device efficiency, destruction 
efficiency, or removal efficiency. If, at a later date, you decide to 
take any such capture system or add-on control device into account when 
demonstrating compliance with the emission limitations, then at that 
time you must comply with the requirements of Sec. Sec.  63.3093, 
63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 
63.3168 with regard to notification, recordkeeping, performance tests, 
monitoring, operating parameters, capture efficiency, add-on control 
device efficiency, destruction efficiency, and removal efficiency, as 
applicable, for that capture system or add-on control device.

0
8. Section 63.3171 is amended by revising paragraph (f) to read as 
follows:


Sec.  63.3171  How do I demonstrate initial compliance?

* * * * *
    (f) Capture of electrodeposition bake oven emissions. You must show 
that the electrodeposition bake oven meets the criteria in sections 5.3 
through 5.5 of Method 204 of appendix M to 40 CFR part 51 and directs 
all of the exhaust gases from the bake oven to an add-on control 
device. For purposes of this showing, an electrodeposition bake oven 
air seal is not considered a natural draft opening provided you 
demonstrate that the direction of air movement across the interface 
between the bake oven air seal and the bake oven is into the bake oven. 
You may use lightweight strips of fabric or paper, or smoke tubes to 
make such demonstrations. You cannot count air flowing from an 
electrodeposition bake oven air seal into an electrodeposition bake 
oven as air flowing through a natural draft opening unless you elect to 
treat that

[[Page 20236]]

electrodeposition bake oven air seal as a natural draft opening.
* * * * *

0
9. Section 63.3174 is added to read as follows:


Sec.  63.3174  What are the requirements for a capture system or add-on 
control device which is not taken into account when demonstrating 
compliance with the applicable emission limitations?

    You may have capture systems or add-on control devices which you 
choose not to take into account when demonstrating compliance with the 
applicable emission limitations. For any such capture system or add-on 
control device, you are not required to comply with the requirements of 
Sec. Sec.  63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 
63.3160 through 63.3168 with regard to notification, reporting, 
recordkeeping, performance tests, monitoring, operating parameters, 
capture efficiency, add-on control device efficiency, destruction 
efficiency, or removal efficiency. If, at a later date, you decide to 
take any such capture system or add-on control device into account when 
demonstrating compliance with the emission limitations, then at that 
time you must comply with the requirements of Sec. Sec.  63.3093, 
63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 
63.3168 with regard to notification, reporting, recordkeeping, 
performance tests, monitoring, operating parameters, capture 
efficiency, add-on control device efficiency, destruction efficiency, 
and removal efficiency, as applicable, for that capture system or add-
on control device.

0
10. Section 63.3176 is amended by:
0
a. Revising the definitions of ``Anti-chip coating,'' ``Bake oven air 
seal,'' ``Controlled coating operation,'' ``Deadener,'' ``In-line 
repair,'' ``Primer-surfacer,'' ``Spray booth air seal,'' and ``Touchup 
bottle.''
0
b. Adding in alphabetical order definitions of ``Chip resistant edge 
primer,'' ``Lower body anti-chip coating,'' ``Plastic or composites 
molding facility,'' and ``Underbody anti-chip coating'' to read as 
follows:


Sec.  63.3176  What definitions apply to this subpart?

* * * * *
    Anti-chip coating means a specialty type of coating designed to 
reduce stone chipping damage. Anti-chip coating may be applied to broad 
areas of the vehicle or to selected vehicle surfaces that are most 
vulnerable to impingement by stones and other road debris. Anti-chip 
coating is typically applied after the electrodeposition primer and 
before the topcoat. Anti-chip coating is a type of primer-surfacer.
* * * * *
    Bake oven air seal means an entry or entry vestibule to or an exit 
or exit vestibule from a bake oven which isolates the bake oven from 
the area immediately preceding (for an entry or entry vestibule) or 
immediately following (for an exit or exit vestibule) the bake oven. No 
significant VOC generating activity takes place in a bake oven air 
seal. Fresh air is supplied into a bake oven air seal and is then 
directed in part into the bake oven and in part into the area 
immediately preceding or immediately following the bake oven. All types 
of bake ovens, including ovens associated with spray booths and 
electrodeposition primer bake ovens, may have bake oven air seals.
* * * * *
    Chip resistant edge primer means an anti-chip coating applied to 
the leading edge of parts such as the hood or roof.
* * * * *
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through a capture 
system and an add-on control device which are taken into account when 
demonstrating compliance with an emission limitation in this subpart.
* * * * *
    Deadener means a specialty coating applied to selected vehicle 
surfaces primarily for the purpose of reducing the sound of road noise 
in the passenger compartment.
* * * * *
    In-line repair means the operation performed and coating(s) applied 
to correct damage or imperfections in the topcoat on parts that are not 
yet on a completely assembled motor vehicle. The curing of the 
coatingspplied in these operations is accomplished at essentially the 
same temperature as that used for curing the previously applied 
topcoat. Also referred to as high bake repair or high bake reprocess. 
In-line repair is considered part of the topcoat operation.
* * * * *
    Lower body anti-chip coating means an anti-chip coating applied to 
lower body surfaces such as rocker panels, valence panels, lower 
portions of doors, or lower portions of fenders.
* * * * *
    Plastic or composites molding facility means a facility where the 
purchase cost of capital equipment used for plastic or composites 
molding, including presses, tooling, and associated material processing 
and handling equipment, is greater than the purchase cost of capital 
equipment used for the surface coating of new automobile or new light-
duty truck bodies or body parts for new automobiles or new light-duty 
trucks.
    Primer-surfacer means an intermediate protective coating applied on 
the electrodeposition primer and under the topcoat. Primer-surfacer 
provides adhesion, protection, and appearance properties to the total 
finish. Primer-surfacer may also be called guide coat or surfacer.
    Anti-chip coating is a type of primer-surfacer.
* * * * *
    Spray booth air seal means an entry or entry vestibule to or exit 
or exit vestibule from a spray booth which isolates the spray booth 
from the area immediately preceding (for an entry or entry vestibule) 
or immediately following (for an exit or exit vestibule) the spray 
booth. No coating application or other VOC generating activity takes 
place in a spray booth air seal. Fresh air is supplied into a spray 
booth air seal and is then directed in part into the spray booth and in 
part into the area immediately preceding or immediately following the 
spray booth.
* * * * *
    Touchup bottle means a coating container with a volume of 0.25 
liter or less used with a brush or other non-atomizing applicator.
* * * * *
    Underbody anti-chip coating means an anti-chip coating applied to 
the underbody or wheel wells primarily for the purpose of protecting 
these areas of the vehicle from stone chipping.
* * * * *

0
11. Table 1 to subpart IIII of part 63 is amended by revising entry 7 
to read as follows:

[[Page 20237]]



Table 1 to Subpart IIII of Part 63--Operating Limits for Capture Systems
                 and Add-on Control Devices * * * * * *
------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
For the following device * *   following operating       continuous
              *                    limit * * *       compliance with the
                                                     operating limit by
------------------------------------------------------------------------
                               * * * * * *
7. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE.            volumetric flow       gas volumetric flow
                               rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3168(g); ii.
                               device inlet in any   Reducing the data
                               3-hour period must    to 3-hour block
                               not fall below the    averages; and iii.
                               average volumetric    Maintaining the 3-
                               flow rate or duct     hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.   63.3167(f).    or above the gas
                               This applies only     volumetric flow
                               to capture devices    rate or duct static
                               that are not part     pressure limit.
                               of a PTE that meets
                               the criteria of
                               Sec.   63.3165(a)
                               and that are not
                               capturing emissions
                               from a downdraft
                               spray booth or from
                               a flashoff area or
                               bake oven
                               associated with a
                               downdraft spray
                               booth.
------------------------------------------------------------------------

Subpart PPPP--[Amended]

0
12. Section 63.4481 is amended by revising paragraph (c) introductory 
text and adding paragraph (c)(17) to read as follows:


Sec.  63.4481  Am I subject to this subpart?

* * * * *
    (c) This subpart does not apply to surface coating or a coating 
operation that meets any of the criteria of paragraphs (c)(1) through 
(17) of this section.
* * * * *
    (17) Screen printing.
* * * * *
[FR Doc. E7-7760 Filed 4-23-07; 8:45 am]

BILLING CODE 6560-50-P
