

[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Proposed Rules]               
[Page 52957-52982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se07-18]                         


[[Page 52957]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



 National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources; 
Proposed Rule


[[Page 52958]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0526; FRL-8466-6]
RIN 2060-AN21

 
National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action, EPA proposes national emission standards for 
hazardous air pollutants (NESHAP) for area sources engaged in paint 
stripping and miscellaneous surface coating operations. EPA has listed 
``Paint Stripping,'' ``Plastic Parts and Products (Surface Coating),'' 
and ``Autobody Refinishing Paint Shops'' as area sources of hazardous 
air pollutants (HAP) that contribute to the risk to public health in 
urban areas under the Integrated Urban Air Toxics Strategy. These three 
source categories are being combined into one set of standards for the 
purposes of this rulemaking. Paint stripping operations subject to the 
standards being proposed include the use of methylene chloride-
containing chemicals to remove paint and other coatings. Plastic parts 
and products surface coating operations include the application of 
coatings to miscellaneous parts and/or products made of metal or 
plastic, or combinations of metal and plastic. Autobody refinishing 
includes the application of coating to motor vehicles and mobile 
equipment. These proposed standards, when final, would require all 
methylene chloride (MeCl) containing paint stripping and miscellaneous 
surface coating operations at area sources to comply with equipment 
requirements and/or management practices that minimize specific HAP 
emissions. The standards would also establish training requirements for 
persons who spray apply coatings. These standards, when final, would 
apply to all area sources that perform methylene chloride-containing 
paint stripping and miscellaneous surface coating activities, except 
when other NESHAP apply.

DATES: Comments. Comments must be received on or before October 17, 
2007. Under the Paperwork Reduction Act, comments on the information 
collection provisions must be received by the Office of Management and 
Budget (OMB) on or before October 17, 2007.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing concerning the proposed rule by September 27, 2007, we 
will hold a public hearing on October 2, 2007.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2005-0526, 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.
    Fax: 202-566-1741.
    Mail: Air and Radiation Docket, Environmental Protection Agency, 
Mailcode 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a total of two copies. We request that a separate copy 
also be sent to the contact person identified below see FOR FURTHER 
INFORMATION CONTACT. In addition, please mail a copy of your comments 
on the information collection provisions to the Office of Information 
and Regulatory Affairs, Office of Management and Budget (OMB), Attn: 
Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.
    Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B-108, 1301 Constitution Avenue, NW., 
Washington, DC 20014. Such deliveries are accepted only during the 
Docket's normal hours of operation and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0526. 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 with a 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.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Do not send proprietary 
information to the public docket to ensure that it is not inadvertently 
placed in the docket. Instead, send proprietary information directly to 
the following address: Attention: Mr. Roberto Morales, U.S. 
Environmental Protection Agency, OAQPS Document Control Officer, 109 
T.W. Alexander Drive, Room C404-02, Research Triangle Park, NC 27711. 
EPA will disclose information identified as CBI only to the extent 
allowed by the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies a submission when it is received by EPA, 
the information may be made available to the public without further 
notice to the commenter.
    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/DC, EPA West, Room B102, 1301 Constitution Avenue, 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 for the Air 
and Radiation Docket is (202) 566-1742.
    Public Hearing: If you are interested in attending the public 
hearing, contact Ms. Dorothy Apple at (919) 541-4487 to verify that a 
hearing will be held. If a public hearing is held, it will be held at 
10 a.m. at EPA's Campus located at 109 T.W. Alexander Drive in Research 
Triangle Park, NC, or an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
proposed standards, contact Mr. Warren Johnson, Office of Air Quality 
Planning and Standards, Sector Policies and Programs

[[Page 52959]]

Division, Natural Resources and Commerce Group (E143-03), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone (919) 541-5124, or e-mail at johnson.warren@epa.gov. 
For technical information concerning the proposed surface coating 
standards, contact Ms. Kim Teal, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division, Natural Resources and 
Commerce Group (E143-03), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone (919) 541-5580, 
or e-mail at teal.kim@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How is this document organized?

    The information presented in this preamble is organized as follows:

I. General Information
    A. How is this document organized?
    B. Does this action apply to me?
    C. What should I consider as I prepare my comments to EPA?
II. Background Information for Proposed Area Source Standards
    A. What is the regulatory development background for the 
proposed standards for paint stripping and miscellaneous surface 
coating operations?
    B. Where in the Code of Federal Regulations (CFR) will these 
standards be codified?
    C. What criteria are used in the development of these NESHAP?
    D. What are the sources of emissions and the HAP for which these 
area source categories were listed?
    E. What are the health effects associated with the pollutants 
emitted by paint stripping and miscellaneous surface coating 
operations?
    F. How has EPA regulated major sources in the same industrial 
sectors (similar sources) and what has EPA learned about available 
control technologies and management practices from regulating these 
major sources?
III. Proposed NESHAP for Paint Stripping and Miscellaneous Coating 
Operations at Area Sources
    A. What are the affected area sources?
    B. What are the HAP and primary sources of emissions for which 
these source categories were listed?
    C. Do the proposed standards apply to my source?
    D. What emissions control requirements is EPA proposing?
    E. What are the initial compliance requirements?
    F. What are the continuous compliance requirements?
    G. What are the notification, recordkeeping, and reporting 
requirements?
IV. Rationale for Selecting the Proposed Standards
    A. What area source categories are affected by this proposal?
    B. How did we select the affected source?
    C. How did we determine the basis and level of the proposed 
standards for new and existing sources?
    D. How did we select the format of the proposed standards?
    E. How did we select the initial compliance and testing 
requirements?
    F. How did we select the continuous compliance requirements?
    G. How did we select the compliance date?
    H. How did we decide to exempt these area source categories from 
the CAA title V permit requirements?
V. Impacts of the Proposed Standards
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health 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. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

B. Does this action apply to me?

    Categories and entities potentially affected by the proposed rule 
are MeCl--containing paint stripping operations and miscellaneous 
surface coating operations located at area sources. An area source is 
defined in CAA section 112(a) as any stationary source of HAP that is 
not a major source, and a major source is defined as any stationary 
source or group of stationary sources located within a contiguous area 
and under common control that emits, or has the potential to emit, 
considering controls, in the aggregate, 10 tons per year (tpy) of any 
single HAP or 25 tpy of any combination of HAP. For the purposes of 
this proposal, paint stripping operations are those that involve the 
use of MeCl for the partial or complete removal of surface coatings 
from wood, metal or plastic substrates at area sources as either (1) an 
independent activity where paint stripping is the principle activity at 
the source or (2) an activity incidental to the principle activity 
(e.g., surface coating, inspection, maintenance, etc.) at the source. 
We consider paint stripping activities that use less than 150 gallons 
per year to be incidental to the principle activity and those using 150 
gallons or more to be performing paint stripping as a principle 
activity. Miscellaneous surface coating operations are those that 
involve the application of coatings at area sources to (1) 
miscellaneous parts and/or products made of metal or plastic, or 
combinations of metal and plastic; or (2) motor vehicles and mobile 
equipment (e.g., heavy duty-trucks, buses, construction equipment, 
self-propelled vehicles and equipment that may be drawn and/or driven 
on a roadway), hereinafter referred to as autobody refinishing. In 
general, the facilities and entities potentially affected by the 
proposed rule are covered under the North American Industrial 
Classification System (NAICS) Codes listed in the following table. 
However, facilities classified under other NAICS codes may be subject 
to the proposed standards if they meet the applicability criteria.


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                                               Examples of potentially
            Category               NAICS         regulated entities
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Aerospace Equipment............     336413  Aircraft engines, aircraft
                                    336414   parts, aerospace ground
                                    336415   equipment.
                                     54171

[[Page 52960]]


Automobiles and Automobile          335312  Engine parts, vehicle parts
 Parts.                             336111   and accessories, brakes,
                                    336211   axles, etc. Motor vehicle
                                    336312   body manufacturing and
                                     33632   automobile assembly plants.
                                     33633   New and used car dealers.
                                     33634   Automotive body, paint, and
                                     33637   interior repair and
                                    336399   maintenance.
                                    441110
                                    441120
                                    811121
Chemical Manufacturing and          325110  Petrochemicals, Industrial
 Product Preparation.               325120   Gases, Inorganic Dyes and
                                    325131   Pigments, Basic Inorganic
                                    325188   and Organic Chemicals,
                                    325192   Cyclic Crude and
                                    325193   Intermediates, Ethyl
                                    325199   Alcohol, Miscellaneous
                                    325998   Chemical Production and
                                             Preparation.
Extruded Aluminum..............     331316  Extruded aluminum,
                                    331524   architectural components,
                                    332321   coils, rod, and tubes.
                                    332323
Government.....................        N/A  Government entities, besides
                                             Department of Defense, that
                                             maintain vehicles, such as
                                             school buses, police and
                                             emergency vehicles, transit
                                             buses, or highway
                                             maintenance vehicles.
Heavy Equipment................      33312  Tractors, earth moving
                                    333611   machinery.
                                    333618
Job Shops......................     332312  Manufacturing industries not
                                    332722   elsewhere classified (e.g.,
                                    332813   bezels, consoles, panels,
                                    332991   lenses).
                                    332999
                                    334119
                                    336413
                                    339999
Large Trucks and Buses.........      33612  Large trucks and buses.
                                    336211
Metal Buildings................     332311  Prefabricated metal
                                             buildings, carports, docks,
                                             dwellings, greenhouses,
                                             panels for buildings.
Metal Containers...............      33242  Drums, kegs, pails, shipping
                                     81131   containers.
                                    322214
                                    331513
                                    332439
Metal Pipe and Foundry.........     331111  Plate, tube, rods, nails,
                                    331513   etc.
                                     33121
                                    331221
                                    331511
Rail Transportation............      33651  Brakes, engines, freight
                                    336611   cars, locomotives.
                                    482111
Recreational Vehicles and Other     321991  Mobile Homes. Motorcycles,
 Transportation Equipment.            3369   motor homes, semi trailers,
                                    331316   truck trailers.
                                    336991   Miscellaneous
                                    336211   transportation related
                                    336112   equipment and parts. Travel
                                    336212   trailer and camper
                                    336213   manufacturing.
                                    336214
                                    336399
                                    336999
                                     33635
                                     56121
                                      8111
                                     56211

[[Page 52961]]


Rubber-to-Metal Products.......     326291  Engine mounts, rubberized
                                    326299   tank tread, harmonic
                                             balancers.
Structural Steel...............     332311  Joists, railway bridge
                                    332312   sections, highway bridge
                                             sections.
Waste Treatment, Disposal, and      562211  Hazardous Waste Treatment
 Materials Recovery.                562212   and Disposal, Solid Waste
                                    562213   Landfill, Solid Waste
                                    562219   Combustors and
                                    562920   Incinerators, Other
                                             Nonhazardous Waste
                                             Treatment and Disposal,
                                             Materials Recovery.
Other Industrial and Commercial     211112  Natural Gas Liquid
                                             Extraction.
                                    311942  Spices and Extracts.
                                    331311  Alumina Refining.
                                    337214  Office furniture, except
                                    811420   wood.
                                            Reupholstery and Furniture
                                             Repair.
                                    325211  Plastics Material Synthetic
                                             Resins, and Nonvulcanizable
                                             Elastomers.
                                    325510  Paint and Coating
                                             Manufacturing.
                                    32614,  Plastic foam products (e.g.,
                                     32615   pool floats, wrestling
                                             mats, life jackets).
                                    326199  Plastic products not
                                             elsewhere classified (e.g.,
                                             name plates, coin holders,
                                             storage boxes, license
                                             plate housings, cosmetic
                                             caps, cup holders).
                                    333313  Office machines.
                                     33422  Radio and television
                                             broadcasting and
                                             communications equipment
                                             (e.g., cellular
                                             telephones).
                                   339111,  Medical equipment and
                                    339112   supplies.
                                     33992  Sporting and athletic goods.
                                     33995  Signs and advertising
                                             specialties.
                                    336612  Boat building.
                                    713930  Marinas, including boat
                                             repair yards.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
proposed rule. Many types of entities that perform stripping and/or 
coating that are not listed in this table would be potentially affected 
by the proposed rule. To determine whether your facility, company, 
business, organization, etc., is subject to this action, you should 
examine the applicability criteria in section 63.11170 of the proposed 
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.

C. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI 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 in 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.
    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (e.g., subject heading, Federal Register proposal 
publication date and reference page number(s)).
    2. Follow directions--EPA may ask you to respond to specific 
questions.
    3. Explain why you agree or disagree; suggest alternatives and 
provide substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    8. Make sure to submit your comments by the specified comment 
period deadline.

II. Background Information for Proposed Area Source Standards

A. What is the regulatory development background for the proposed 
standards for paint stripping and miscellaneous surface coating 
operations?

    Section 112 of the Clean Air Act (CAA) requires EPA to develop 
NESHAP for both major and area sources that are listed for regulation 
under CAA section 112(c). As stated earlier, a major source is defined 
in CAA section 112(a) as any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits, or has the potential to emit, considering controls, in the 
aggregate, 10 tons per year (tpy) of any single HAP or 25 tpy of any 
combination of HAP. An area source is any stationary source that is not 
a major source. Thus, area sources are those sources of HAP that do not 
emit nor have the potential to emit HAP at or above the 10 or 25 tpy 
thresholds.
    CAA section 112(k)(3)(B) requires EPA to develop a list of at least 
30 HAP which, as a result of area source emissions, pose the greatest 
threat to public health in the largest number of urban areas. We refer 
to these HAP as the ``urban HAP.'' Section 112(c)(3) of the CAA directs 
EPA to identify source categories or subcategories of area

[[Page 52962]]

sources that represent 90 percent of the emissions of the urban HAP.
    On July 19, 1999, EPA published its Integrated Urban Air Toxics 
Strategy, which included both the list of urban HAP and the initial 
list of area source categories (64 FR 38706). The initial list of area 
source categories included ``Paint Stripping Operations''. On June 26, 
2002 and November 22, 2002, EPA added ``Autobody Refinishing Paint 
Shops (67 FR 43112)'' and ``Plastic Parts and Products (Surface 
Coating) (67 FR 70427)'', respectively, to the list of area source 
categories. A primary goal of the Integrated Urban Air Toxics Strategy 
is to achieve a 75 percent reduction in cancer incidence attributable 
to HAP emitted from stationary sources in urban areas.
    Sierra Club sued EPA, alleging a failure to complete standards for 
the area source categories listed pursuant to CAA section 112(c)(3)and 
(k)(3)(B) within the timeframe specified by the statute. See Sierra 
Club v. Johnson, No. 01-1537, (D.D.C.). On March 31, 2006, the court 
issued an order requiring EPA to promulgate standards under CAA section 
112(d) for those area source categories listed pursuant to CAA section 
112(c)(3) and (k)(3)(B). Among other things, the order requires that, 
by December 15, 2007, EPA complete standards for certain area source 
categories.
    In this action, EPA is proposing standards for the following area 
source categories: Paint stripping, plastic parts and products (surface 
coating), and autobody refinishing. In developing this proposed rule, 
we fully analyzed these three listed source categories and found that 
it is both reasonable and technically feasible to regulate emissions 
from these three source categories by a single set of emission 
standards. The processes, emission points, emission characteristics, 
and emission controls for plastic parts and products surface coating 
and autobody refinishing are very similar. Additionally, paint 
stripping is often performed as part of the surface preparation for 
both plastic parts and autobody refinishing which, by regulating within 
the scope of a single set of standards, reduces the burden of complying 
with multiple standards on the sources performing both the paint 
stripping and subsequent coating. This single set of emission standards 
that addresses all three categories also minimizes the cost of 
developing, permitting, and enforcing the standards. For purposes of 
this preamble and proposed rule, the term ``paint stripping and 
miscellaneous surface coating'' is used to indicate that the three area 
source categories of paint stripping, plastic parts and products 
(surface coating), and autobody refinishing have been treated as a 
single source category for purposes of developing this rule.
    Early in the development of standards to implement EPA's Integrated 
Urban Strategy, the States expressed concern over the burden and 
resources that would be required for the States to take delegation for 
the implementation of the area source rules listed as part of the 
strategy. Specifically, States were concerned that implementing Federal 
requirements, in lieu of established State programs, would be overly 
burdensome with little or no additional emission reductions for certain 
source categories. In these discussions, the States acknowledged the 
provisions in CAA section 112(l) as a route for providing them this 
reduction of burden and flexibility in accepting delegation of some of 
the area source standards. Guidance on the provisions of CAA section 
112(l) are presented in 40 CFR 63 Subpart E which provides certain 
administrative (i.e., monitoring, recordkeeping, and reporting) 
criteria for an alternative program to be considered equivalent. This 
guidance provides States with information regarding the necessary 
components for their program to be considered equivalent. EPA believes 
some States may have programs that address the emissions from the 
surface coating of motor vehicles and mobile equipment that are at 
least as effective as the proposed standards and encourages States to 
consider utilizing these provisions in lieu of implementing the 
proposed standards.
    The EPA is seeking comment on (1) whether or not the States are 
interested in utilizing the Section 112(l) alternative program 
approach, and (2) what technical assistance the States may need to 
develop equivalency determinations.

B. Where in the Code of Federal Regulations (CFR) will these standards 
be codified?

    The CFR is a codification of the general and permanent rules 
published in the Federal Register by the Executive departments and 
agencies of the Federal Government. The code is divided into 50 titles 
that represent broad areas subject to Federal Regulation. When final, 
these proposed standards will be published in Title 40, Protection of 
the Environment, part 63, subpart HHHHHH: National Emission Standards 
for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface 
Coating Operations.

C. What criteria are used in the development of these NESHAP?

    CAA section 112(d)(5) authorizes EPA to issue alternative emission 
standards for area sources in lieu of the authorities provided in CAA 
sections 112(d)(2) and 112(f). Specifically, section 112(d)(5), which 
is entitled ``Alternative Standard for Area Sources,'' provides:

    With respect only to categories and subcategories of area 
sources listed pursuant to subsection (c) of this section, the 
Administrator may, in lieu of the authorities provided in paragraph 
(2) and subsection (f) of this section, elect to promulgate 
standards or requirements applicable to sources in such categories 
or subcategories which provide for the use of generally available 
control technologies or management practices by such sources to 
reduce emissions of hazardous air pollutants.

    Thus, CAA section 112(d)(5) authorizes EPA to promulgate standards 
under section 112(d)(5) that provide for the use of generally available 
control technologies or management practices (GACT), instead of issuing 
maximum achievable control technology (MACT) standards pursuant to CAA 
section 112(d)(2) and (d)(3). The statute does not set any condition 
precedent for issuing standards under CAA section 112(d)(5) other than 
that the area source category or subcategory at issue must be one that 
EPA listed pursuant to CAA section 112(c)(3), which is the case in this 
proposal.
    When setting a GACT standard for an area source category as opposed 
to a MACT standard, EPA must ensure that the GACT standard is 
consistent with the requirements of CAA section 112(d)(5) and have a 
reasonable basis for its GACT determination. Thus, in developing 
standards for area sources of HAP emissions, EPA evaluates the control 
technologies and management practices that reduce HAP emissions that 
are generally available for each area source category, and, in 
determining GACT, may establish standards on either (or both) generally 
available control technologies or (and) management practices that 
reduce the emission of HAP. EPA's analysis supporting the proposed GACT 
requirements is discussed in detail in section IV of this preamble.

D. What are the sources of emissions and the HAP for which these area 
source categories were listed?

    EPA listed the area source paint stripping category pursuant to CAA 
section 112(c)(3) based on emissions of MeCl contained in paint 
stripper formulations. The emissions of MeCl comes from evaporative 
losses during the use or storage of MeCl. EPA listed

[[Page 52963]]

the area source miscellaneous coating operations category pursuant to 
section 112(c)(3) based on emissions of cadmium, chromium, lead 
compounds (lead), manganese and nickel compounds that are in the 
coatings, as part of the pigment in topcoats or for the corrosion 
protection in primers. For purposes of this proposal we will refer to 
these HAP as the ``target HAP.''
    The anticipated national impacts of these proposed standards is 
summarized in section V of this preamble.

E. What are the health effects associated with the pollutants emitted 
by paint stripping and miscellaneous surface coating operations?

    Emissions data collected in the development of this proposed rule 
shows that HAP emitted from paint stripping and miscellaneous surface 
coating operations are associated with a variety of adverse health 
effects. These adverse health effects include chronic health disorders 
(e.g., central nervous system effects, blood disorders, cancer) and 
acute health disorders (e.g., irritation of eyes, nose and throat, with 
long-term impairment of lung function possible at high acute 
exposures). The proposed rule protects air quality and promotes the 
public health by reducing the emissions of the HAP for which the three 
source categories at issue in this proposed rule were listed.

F. How has EPA regulated major sources in the same industrial sectors 
(similar sources) and what has EPA learned about available control 
technologies and management practices from regulating these major 
sources?

    Major sources performing paint stripping and surface coating of 
miscellaneous parts and/or products made of metal or plastic, or 
combinations of metal and plastic; or motor vehicles and mobile 
equipment (e.g., heavy duty-trucks, buses, construction equipment, 
self-propelled vehicles and equipment that may be drawn and/or driven 
on a roadway), were addressed in different surface coating NESHAP 
requiring MACT level of control, of which the last NESHAP was 
promulgated in 2004. Major sources must currently be in compliance with 
those surface coating NESHAP.
    Paint stripping was a separately listed major source category under 
CAA section 112 (c)(1), however, during the data gathering phase EPA 
determined that there were no major source paint stripping operations 
conducted independent of surface coating. Therefore, all paint 
stripping operations were covered in each surface coating NESHAP, as 
part of the cleaning material used for surface preparation activities. 
Each NESHAP assumed that the initial emission control technology would 
be reduction of the usage of HAP cleaners or implementation of 
management practices to reduce the evaporative losses from these 
cleaning activities.
    The data gathering for the major source categories revealed that 
when the coatings are spray-applied, it was common practice to perform 
application of the coatings within the confines of a spray booth to 
minimize worker exposure. This limited the dispersion of the HAP to the 
parts being coated as solids in the dry coating film, deposition onto 
the walls, floor, and grates of the spray booths in which they are 
applied, or some of the HAP particles would be entrained in the spray 
booth exhaust air. We have learned, as part of the data gathering phase 
of this area source proposal that although most, if not all, sources 
are spray applying these coatings in a spray booth, not all of the 
spray booths are capable of capturing and controlling the target HAP 
(the HAP for which the area source categories at issue here were listed 
pursuant to CAA section 112(c)(3).

III. Proposed NESHAP for Paint Stripping and Miscellaneous Coating 
Operations at Area Sources

A. What are the affected area sources?

    The sources that would be affected by the proposed standards are 
area sources engaged in paint stripping using MeCl, and/or engaged in 
coating of miscellaneous parts and/or products made of metal or 
plastic, or combinations of metal and plastic, or autobody refinishing. 
The proposed standards would not apply to any of these operations that 
are specifically covered under another area source NESHAP (e.g., the 
NESHAP for Defense Land Systems and Miscellaneous Equipment currently 
under development). While these sources are not currently listed 
pursuant to CAA section 112(c)(3) or 112(k)(3)(b), we intend to list 
them under these provisions of the act.

B. What are the HAP and primary sources of emissions for which these 
source categories were listed?

Paint Stripping Operations
    The primary source of emissions from paint stripping operations and 
the HAP for which this source category was listed pursuant to CAA 
section 112(c)(3) (the ``target HAP'') is the MeCl contained in paint 
stripper formulations. The primary source of the MeCl emissions in this 
source category comes from evaporative losses during the use or storage 
of MeCl.
Miscellaneous Coating Operations
    The primary sources of emissions from miscellaneous coating 
operations are the metal pigments that are in the coatings and/or 
refinish material. The target HAP for which these source categories 
were listed are the heavy metals including cadmium, chromium, lead, 
manganese and nickel compounds. The primary source of emissions of 
these HAP are the spray application of the coatings and curing process.
    The heavy metals are contained primarily in the coatings (e.g., 
primers and the pigments in topcoats) and include compounds of lead 
(Pb), trivalent chromium (Cr-III), or hexavalent chromium (Cr-VI), plus 
compounds of other metals that are considered HAP, such as cadmium, 
manganese, and nickel. The metal HAP compounds are emitted as the 
coatings are atomized during spray application. A substantial fraction 
of coating that is atomized does not reach the part and becomes what is 
termed ``overspray.'' The fraction that becomes overspray depends on 
many variables, but two of the most important are the type of equipment 
and the skill of the painter. Some overspray lands on surfaces of the 
spray booth and the masking paper that is usually placed around the 
surface being sprayed, but the rest of the overspray is drawn into the 
spray booth exhaust system. If the spray booth has filters, most of the 
overspray is captured by the filters; otherwise, it is exhausted to the 
atmosphere.
    After coating application, the spray gun must be cleaned to remove 
the remaining coating before it cures and to prepare it for the next 
coating job. Solvents used for equipment cleaning may contain the same 
HAP as the coatings they remove. Spray guns are usually cleaned in a 
device, commonly referred to as an enclosed spray gun washer, that 
consists of a solvent reservoir and a covered enclosure that dispenses 
solvent for gun cleaning. The enclosure may hold the gun for automated 
gun cleaning. During gun cleaning, HAP from the cleaning solvent and 
the coating may be emitted as the cleaning solvent is sprayed through 
the gun during cleaning from the equipment that stores and dispenses 
the cleaning solvent while it is opened.

C. Do the proposed standards apply to my source?

    The area source requirements specified in the proposed rule would 
apply to your source if your source (or

[[Page 52964]]

facility) is an area source that performs (1) paint stripping using 
MeCl-containing chemicals or (2) surface coating using spray equipment.
    The area source requirements specified in the proposed rule would 
not apply if your paint stripping or surface coating operations meet 
any of the following:
     Paint stripping or surface coating performed on-site at 
installations owned or operated by the Armed Forces of the United 
States (including the Coast Guard and the National Guard of any such 
State), or the National Aeronautics and Space Administration because 
these activities will be subject to the area source NESHAP for military 
operations which is in development.
     Paint stripping or surface coating of military munitions 
manufactured by or for the Armed Forces of the United States (including 
the Coast Guard and the National Guard of any such State) or equipment 
directly and exclusively used for the purposes of transporting 
munitions manufactured by or for the Armed Forces of the United States 
(including the Coast Guard and the National Guard of any such State) 
because these activities will be subject to the area source NESHAP for 
military operations which is in development.

D. What emissions control requirements is EPA proposing?

    This section describes the proposed emissions control requirements 
for paint stripping and miscellaneous coating operations. The basis for 
these proposed requirements is discussed in section IV, below.
Paint Stripping Operations
    All sources conducting paint stripping involving the use of MeCl 
must implement management practice standards that reduce emissions of 
MeCl by minimizing evaporative losses of MeCl.
    In addition to the management practices, sources that use 150 gal 
or more of paint stripper containing MeCl, per year would need to 
develop and implement a MeCl minimization plan consisting of a written 
plan with the criteria to evaluate the necessity of MeCl in the 
stripping operations and management techniques to minimize MeCl 
emissions when it is needed in the paint stripping operation.
    The MeCl minimization plan evaluation criteria would involve only 
using a MeCl-containing paint stripper when an alternative on-site 
stripping method or material is incapable of accomplishing the work as 
determined by the operator. Alternative methods to reduce MeCl usage 
may include: (1) Non-MeCl-containing chemical strippers; (2) mechanical 
stripping; (3) blasting (including dry or wet media); or (4) thermal 
and cryogenic decomposition.
    The management practices that would be required to be contained in 
the plan include optimizing stripper application conditions, reducing 
exposure of stripper to the air, and practicing proper storage and 
disposal of materials containing MeCl. Sources would be required to 
submit the plan either to EPA or to the delegated state permit 
authority, keep a written copy of the plan on site and post a placard 
or sign outlining the evaluation criteria and management techniques in 
each area where MeCl-containing paint stripping operations occur.
Miscellaneous Coating Operations
    All sources conducting surface coating operations involving spray-
applied coatings would need to apply the coatings with a high volume, 
low pressure (HVLP) spray gun, electrostatic spray gun, or a gun 
demonstrated to be equal in transfer efficiency to an HVLP spray gun. 
All spray-applied coatings would need to be applied in a prep station 
or spray booth, with a full roof and at least three complete walls or 
complete side curtains, ventilated so that air is drawn into the booth. 
The exhaust from the prep station or spray booth would need to be 
fitted with fiberglass or polyester fiber filters or some other filter 
technology demonstrated to achieve at least 98 percent capture 
efficiency of paint overspray. As explained further below, we are 
proposing that the combination of these technologies are GACT for the 
miscellaneous surface coating operations.
    Additionally, sources would be required to comply with the 
management practices by demonstrating that (1) all painters that spray-
apply coatings are certified and (2) that all spray gun cleaning 
performed by spraying HAP solvent through the gun is performed in an 
enclosed spray gun cleaner or by cleaning the disassembled gun parts by 
hand (i.e., spraying HAP solvent through a gun outside of a gun cleaner 
would be prohibited). The painter would need to be certified as having 
completed classroom and hands-on training in the proper selection, 
mixing, and application of coatings. Refresher training would need to 
be repeated at least once every 5 years. The initial and refresher 
training would need to address the following topics:
     Surface preparation (prep).
     Spray gun set up and operation and spray technique for 
different types of coatings to improve transfer efficiency and minimize 
coating usage and overspray.
     Routine spray booth and filter maintenance.
     Paint mixing, matching, and applying.
     Resolving paint application problems.
     Finish defects causes and cures.
     Safety precautions.
     Environmental compliance.

E. What are the initial compliance requirements?

    If your facility is a new source (one that began construction or 
reconstruction after the date this rule is proposed) and you use MeCl 
in your paint stripping operations or you spray apply coatings, you 
would be required to comply with all of the requirements established in 
this subpart as of the date of promulgation of the final rule or upon 
startup, whichever is later.
    If your facility is an existing source (one that began construction 
or reconstruction before the date this rule is proposed), you would be 
required to comply with the requirements no later than 2 years after 
the date the final rule is published. In addition, each painter would 
need to comply with the training requirements of the rule no later than 
60 days after hiring. Painters would be allowed to use training that 
was completed within 5 years prior to the date training is required to 
meet this requirement. All painters would need to receive refresher 
training and be re-certified every 5 years.
    To demonstrate initial compliance for paint stripping operations, 
you would need to:
     Certify that you have implemented a best management 
practices plan, and
     If you are a source that uses 150 gal or more of paint 
stripper containing MeCl, per year, certify that you have developed and 
implemented a MeCl minimization plan consisting of a written plan with 
the criteria to evaluate the necessity of MeCl in the stripping 
operations and management techniques to minimize MeCl emissions when it 
is needed in the paint stripping operation.
    To demonstrate initial compliance for miscellaneous surface coating 
operations, you would need to:
     Certify that all coatings are sprayed in booths or prep 
stations that are fitted with filters.
     Certify that all spray guns are HVLP or an equivalent.
     Certify that all painters that apply coatings using a 
spray gun have completed the training described in section III.D. of 
this preamble.

[[Page 52965]]

     Certify that all gun cleaning is performed in enclosed gun 
cleaners or by hand.
    After the compliance date for your source, you would have 120 days 
if you are a new source, and 30 days if you are an existing source, to 
submit a notification of compliance status to the EPA or a delegated 
State or local air pollution control agency.
    You would also be required to submit an initial notification to the 
EPA or the delegated agency that you are subject to the standard. You 
would have 120 days after startup or publication of the final rule 
(whichever is later) to submit the initial notification if you are a 
new source. If you are an existing source, you would have 1 year after 
publication of the final rule to submit the initial notification.
    If your facility is an existing source, you would be required to 
comply with the requirements no later than 2 years after the date the 
final rule is published. In addition, each painter would need to comply 
with the training requirements of the rule no later than 60 days after 
hiring. Painters would be allowed to use training that was completed 
within 5 years prior to the date training is required to meet this 
requirement. All painters would need to receive refresher training and 
be re-certified every 5 years.

F. What are the continuous compliance requirements?

    To demonstrate continuous compliance, you would need to continually 
maintain the emission control requirements (i.e., management practices 
and equipment requirements) that are described in section III.D. of 
this preamble.

G. What are the notification, recordkeeping, and reporting 
requirements?

    You would be required to submit an initial notification to the EPA 
or the delegated agency that you are subject to the standard. If you 
are a new source, you would have 120 days after startup or publication 
of the final rule (whichever is later) to submit the initial 
notification. If you are an existing source, you would have 1 year 
after publication of the final rule to submit the initial notification.
    After the compliance date for your source, you would have 120 days 
if you are a new source and 30 days if you are an existing source to 
submit a notification of compliance status to the EPA or a delegated 
State or local air pollution control agency.
Paint Stripping Operations
    For paint stripping operations, you would need to maintain records 
demonstrating the following:
     Annual usage of MeCl in paint strippers is below 150 
gallons (if you are a source qualifying for the best management 
practices, only); or
     You have complied with the MeCl minimization plan.
    If you are required to have a MeCl minimization plan, you would 
also be required to submit annual compliance reports in which you 
certify that the source is in compliance, or report the date, duration, 
and description of any deviations from the MeCl minimization plan that 
occurred and the corrective actions taken.
Miscellaneous Coating Operations
    For miscellaneous coating operations, you would need to maintain 
records demonstrating the following:
     All spray painters are trained and certified;
     Any spray booth filters or particulate controls that are 
not fiberglass or polyester fiber filters achieve at least 98 percent 
efficiency; and
     Any spray guns that do not meet the definition of HVLP or 
electrostatic spray gun have been demonstrated to achieve comparable 
transfer efficiency.
     Spray gun cleaning is being performed manually or in an 
enclosed gun cleaner when solvent is being atomized through the gun as 
part of the cleaning process.
    You would also be required to submit annual compliance reports in 
which you certify that the source is in compliance, or report the date, 
duration, and description of any deviations from the specified control 
requirements that occurred and the corrective actions taken.

IV. Rationale for Selecting the Proposed Standards

A. What area source categories are affected by this proposal?

    As discussed above, this rulemaking covers facilities engaged in 
MeCl paint stripping and spray applied surface coating of parts and/or 
products made of metal or plastic, or combinations of metal and 
plastic; and refinishing of motor vehicles and mobile equipment which 
are a source of emissions of MeCl, cadmium, chromium, lead, manganese 
and nickel compounds which are the target HAP described above.

B. How did we select the affected source?

    In selecting the affected source for emission standards, our 
primary goal is to ensure that all emission points responsible for the 
emissions of the target HAP (i.e., MeCl & the heavy metals) in each 
listed source category are controlled as specified in CAA section 
112(d)(5), described previously in Section II.C. The affected source 
also serves to establish when new source standards should be applied. 
Specifically, the General Provisions in subpart A of 40 CFR part 63 
define the terms ``construction'' and ``reconstruction'' with reference 
to the term ``affected source'' (40 CFR part 63.2) and provide that new 
source standards apply when construction or reconstruction of an 
affected source occurs.
    The affected source for this proposed rule is broadly defined to 
include all operations associated with the removal of paint from a 
substrate using MeCl and the spray application of coatings. These 
operations include the use of MeCl-containing paint strippers by 
immersion, brushing on, and/or spraying on to remove a coating to 
change the color of the item or because the life of the coating has 
been exceeded, or to remove paint for inspection purposes or during 
repair; storage and mixing of coatings and other materials; surface 
preparation; coating application and flash-off; drying and curing of 
applied coatings; cleaning operations; and waste handling operations.
    Each of the equipment items subject to regulation (e.g., containers 
of paint or stripper, spray booths, spray guns, gun cleaners) is either 
a relatively low cost item, or could be easily moved about inside a 
paint stripping and miscellaneous surface coating operation, hence, for 
this proposal, a broad definition of affected source that encompasses 
the entire paint stripping and miscellaneous surface coating operation 
was selected. This approach would subject the entire operation to the 
same compliance date. Had we proposed a narrow definition for an 
affected source, replacement or purchase of a single item could cause 
that item to be considered a new source, resulting in different 
compliance dates and additional reporting. Furthermore, for the most 
part, new and existing affected sources are subject to the same 
emission standards, so the same environmental benefit will be realized 
regardless of whether the source is considered new or existing. 
Defining the affected source narrowly could result in

[[Page 52966]]

a paint stripping or miscellaneous surface coating operation having 
several affected sources that could be subject to different compliance 
dates, but the same standards, imposing additional burdens on the 
source without any environmental benefit.

C. How did we determine the basis and level of the proposed standards 
for new and existing sources?

    As previously stated above, CAA section 112(d)(5) authorizes EPA to 
establish emission standards for area sources that provide for the use 
of generally available control technologies or management practices 
that reduce emissions of HAP (GACT). Determining what constitutes GACT 
involves considering the control technologies and management practices 
that are generally available to the area sources in the source 
category. We also consider the standards applicable to major sources in 
the same industrial sector to determine if the control technologies and 
management practices are transferable and generally available to area 
sources. In appropriate circumstances, we may also consider 
technologies and practices at area and major sources in similar 
categories to determine whether such technologies and practices could 
be considered generally available for the area source category at 
issue. Finally, as noted above, in determining GACT for a particular 
area source category, we consider the costs and economic impacts of 
available control technologies and management practices on that 
category.
    We began the rule development process by identifying other 
standards developed for these specific processes. As discussed in 
section II.E., above, we evaluated the emission control technology at 
major sources for the types of operations found in these area source 
categories to determine whether or not they were reasonable, feasible, 
and cost-effective for the area sources. Based on the findings of the 
major source NESHAP data gathering, the technology considered to be 
appropriate for the target HAP, and the availability of the technology, 
we considered whether or not these same emission controls were 
technically feasible and generally available for the area source 
categories.
    Next, we met with industry associations and discussed their current 
processes and the feasibility of adopting the emission control 
technology specified as appropriate for the major sources. We learned 
that, in fact, similar technology (i.e., spray booths, painter 
training, HVLP guns, enclosed gun cleaners, and management practices to 
reduce HAP usage) were already being employed at many of the area 
sources. Therefore, it was determined that, given the availability and 
cost-effectiveness of these emission control technologies, they 
represent GACT for the targeted HAP from each source category (i.e., 
paint stripping, autobody refinishing, and plastic parts surface 
coating). As previously stated, the target HAP emissions for which 
these source categories were listed are MeCl from paint stripping 
operations and cadmium, chromium, lead, manganese and nickel compounds 
from the coatings operations. The resulting proposed GACT standards are 
a combination of technology and management practices that control the 
target HAP, and have a co-benefit of reducing other associated 
emissions \1\ from these operations. The co-benefit is realized due to 
the fact that the same technology applied to control the target HAP 
emissions are also the best techniques for reducing some other 
emissions associated with these operations.
---------------------------------------------------------------------------

    \1\ The baseline emissions from the surface coating operations 
are estimated to be about 38,000 tpy of HAP, including 12.4 tpy of 
inorganic HAP (e.g.; Pb and Cr-VI compounds), 123,500 tpy of 
criteria pollutants including 3,100 tpy of particulate matter (PM) 
from paint overspray and 120,400 tpy of volatile organic compounds 
(VOC) from coating and solvent evaporation.
---------------------------------------------------------------------------

    In the development of these proposed emission standards, EPA 
visited numerous paint stripping and coating operations, collected data 
from various databases, and compiled information received during 
previous data collection activities. We also met with facility owners 
and other representatives of these industries. These site visits, data 
review and contacts with industry provided the technical basis for the 
proposed standards and are included in the public docket for this 
rulemaking.
Paint Stripping
    MeCl is the most common solvent and the target HAP for this source 
category. Since MeCl is the target HAP, our analysis in determining 
GACT began with understanding alternative stripping technologies and 
best management practices to minimize MeCl emissions at existing major 
and area sources. In selecting GACT for affected area sources that 
perform paint stripping operations, we determined that best management 
practices to minimize evaporative losses (fugitive emissions) from MeCl 
in paint stripper formulations was not only a practice that many in the 
industry use, but also was generally cost effective for all sources in 
this category.
    As part of the GACT analysis, we considered whether there were 
differences in processes, sizes, or other factors affecting emissions, 
control technologies or management practices that would warrant 
subcategorization. Under CAA section 112(d)(1) of the CAA, EPA ``may 
distinguish among classes, types, and sizes within a source category or 
subcategory in establishing such standard.'' In looking to other means 
by which MeCl emissions could be reduced from these operations, we did 
recognize that some sources utilized alternative stripping technologies 
(e.g., blasting) to accomplish much of their work. These sources, 
distinguishable from the rest of the category by having other available 
on site methods to strip paint not involving MeCl, could reasonably 
route work away from paint stripping operations that involved MeCl as a 
means of control. Pursuant to section 112(d)(1), we have subcategorized 
these sources with alternative stripping methods by class. As mentioned 
earlier, these different paint stripping methods include (1) non-MeCl--
containing chemical strippers; (2) mechanical stripping; (3) blasting 
(including dry or wet media); and (4) thermal or cryogenic 
decomposition. We also recognized that this subcategory represented the 
30 percent (approximately) of the source category with the highest MeCl 
emissions. We determined that sources that used 150 gallons or more per 
year of paint stripper containing MeCl was the best approximation 
criteria for defining this subcategory for three reasons.
    First, based on our findings from: (1) A study of paint stripping 
facilities (referenced in a Metropolitan Water District of Southern 
California (Environmental Defense Fund) document entitled ``Source 
Reduction and Recycling of Halogenated Solvents in Paint Stripping--
Technical Support Document''), (2) our understanding of the affected 
facilities, and (3) our analysis of the model plants, for facilities 
using 150 gallons of MeCl or more per year, we believe it is reasonable 
to expect cost savings from the process of routing work away from paint 
stripping operations involving MeCl to other means of stripping. The 
study of paint stripping facilities highlighted to us that a good 
portion of paint stripping at these facilities (as high as 90 percent 
at one facility) was not really necessary. In being conservative, we 
believe that 5 percent of paint stripping is not necessary. An example 
of paint stripping that may be found as not necessary includes the

[[Page 52967]]

refinishing of personal oxygen gas cylinder surfaces (that often 
automatically get stripped of paint for cosmetic purposes during 
recycling) when they actually need no refinishing for serviceability. 
In addition, we believe that there is a slight cost savings associated 
with routing work away from paint stripping involving MeCl to a media 
blasting technique, when the media involved is recycled. Second, our 
analysis of model plants suggested that most facilities using 150 
gallons of MeCl or more per year had other methods of stripping 
available on site (e.g., blasting or thermal) to which work could be 
easily routed. Finally, we recognized that the 150 gallon threshold 
reasonably coincides with exposure levels at which Occupational Safety 
and Health Administration (OSHA) requirements (29 CFR 1910.123-
1910.126) are to be implemented. OSHA provided specific dip tank size 
criteria to characterize which size tanks must follow specific worker 
safety requirements. We calculated, based on the sizes provided by 
OSHA, the volume of stripper that the minimum tank would hold and used 
this volume for our size criteria. For these reasons we are proposing 
that facilities using 150 gallons of MeCl or more per year must, in 
addition to the best management practices to minimize evaporative 
losses, develop and implement the MeCl minimization plan mentioned 
earlier.
    We recognize that given the wide range of paint stripping 
operations and techniques, there is no single substitute that could 
completely eliminate the need for MeCl-containing paint strippers, 
particularly on confined and hard to reach surfaces where other methods 
tend not to remove paint as well. We do, however, believe that given 
the existing management practices currently exercised by much of this 
industry, it is not unreasonable to incorporate management practices 
that minimize or eliminate MeCl emissions from many of the applications 
where MeCl-containing paint strippers are used. Therefore, we are 
proposing standards that require operators to employ management 
practices to reduce the emissions of MeCl through alternative paint 
stripping techniques when possible, and, for sources that use 150 
gallons of MeCl or more per year to develop and implement a 
minimization plan to reduce MeCl-containing paint stripper use when it 
is not needed.
Miscellaneous Surface Coating
    The emissions from these operations come primarily from the spray 
application of coatings. Although most of the HAP are deposited as part 
of the paint film, some of the HAP becomes airborne in the paint 
overspray. The volume of coating deposited as part of the paint film as 
a fraction of the volume of paint sprayed is referred to as the 
transfer efficiency (i.e., 60 percent of the coating sprayed is 
deposited as paint film then the transfer efficiency is 60 percent).
    Our analysis of operations that involve the spray application of 
coatings has determined that GACT for these coating operations is a 
combination of: (1) Confining all spray coating operations to a spray 
booth or equivalent ventilated and filtered enclosure, (2) using only 
spray equipment that is designed to achieve a high rate of transfer 
efficiency (HVLP or equivalent spray technology), and (3) having the 
spray equipment operator trained and certified in the techniques needed 
to properly set up and operate high transfer efficiency spray equipment 
in order to optimize the transfer efficiency.
    Based on the site visits, data review, and contacts with industry, 
for which documentation is provided in the public docket for this 
rulemaking, we have determined that the standard practice among the 
majority of facilities in the miscellaneous surface coating industry is 
to perform nearly all spray painting inside a spray booth or ventilated 
prep station enclosed by curtains. The only exceptions are priming 
small areas, or performing spot repairs with an air brush. At many 
facilities, all spray painting is performed in a spray booth or 
ventilated prep station to reduce contaminants that would compromise 
the final finish and to maintain a clean work area. In addition, it is 
standard practice to filter the exhaust from the booth or prep station 
to capture paint overspray so that it is not deposited on ventilation 
equipment or surrounding property. Therefore, based on the availability 
and cost-effectiveness, we have determined that a filtered spray booth 
or prep station is GACT for all miscellaneous surface coating 
operations to control HAP emissions. The proposed standards would 
require all spray painting that is not done with an airbrush or hand-
held non-refillable aerosol cans to be done in a filtered spray booth 
or prep station. We also conclude that the above proposed control 
requirements can be achieved without additional burden to affected 
sources because filtered spray booths or prep stations are already 
required in order to comply with OSHA standards for spray finishing 
operations (29 CFR 1910.94(c)).
    At the majority of facilities that were visited, the spray booths 
were fitted with either fiberglass or polyester fiber filters on the 
spray booth and prep station exhaust. One facility had a water-wash 
spray booth filter and another had expanded polystyrene foam baffle 
filters. An EPA study entitled ``Comparative Study of Spray Booth 
Filter System Efficiency'', which is provided in the public docket for 
this rulemaking, determined that fiberglass and polyester fiber filters 
had superior performance, relative to other filter types, such as 
polystyrene foam and cardboard baffle filters, in controlling the heavy 
metals found in paint overspray and which are the target HAP for these 
source categories. Therefore, based on our findings during the site 
visits, information provided by the industry on the most commonly used 
filters, and the EPA study on filter effectiveness and the cost-
effectiveness we have determined that these fiberglass and polyester 
fiber filters represent GACT for controlling the heavy metals present 
in paint overspray.
    The proposed rule would allow for the use of other types of paint 
overspray filters, but they would be required to achieve 98-percent 
filter efficiency. This alternative was included since the EPA did not 
test all types of filters used in spray booths; therefore the market 
may already provide for filters that are as equally efficient which 
were not available or not tested in the EPA study, but nevertheless 
representative of GACT. The EPA study on filter effectiveness and 
filter efficiency data provided by filter vendors formed the basis for 
the 98-percent filter efficiency The limit represents a performance 
level that separates the fiberglass and polyester fiber filters from 
baffle type filters. The baffle type filters were shown in the EPA 
study to have poor performance in controlling fine particulate that can 
contain heavy metals.
    The proposed standards would not prohibit the use of coatings that 
contain the heavy metals or target HAP for these source categories. 
Although California has prohibited the use of automotive refinish 
coatings that contain Cr-VI and cadmium (Cd), a nationwide prohibition 
would impose unreasonable burden on the industry, and could force 
facilities out of business due to a lack of alternative materials that 
could address the performance criteria (e.g., corrosion protection) 
that may be used in all environments across the United States. The 
proposed standards would specifically require spray equipment that is 
designed to achieve a high rate of transfer efficiency (HVLP or 
equivalent spray technology) in order to reduce the overall amount of 
coating

[[Page 52968]]

required to complete each coating job. Reducing the amount of coating 
required for each job directly correlates to significant reductions in 
the overall emissions from these coating operations. Conventional high-
pressure air-atomized spray guns have a typical transfer efficiency of 
about 30 percent. That means that for every gallon of coating sprayed, 
only 0.30 gallon reaches the part being coated. The remaining 0.70 
gallon misses the part and either lands on the booth walls and floor or 
is pulled into the spray booth filters and exhaust system. To get one 
gallon on the part, a conventional spray gun needs to use 3\1/3\ 
gallons of coating. HVLP and other types of high-efficiency spray guns 
use lower air pressures and achieve transfer efficiencies of about 50 
percent, or greater, with appropriate operator training. To get one 
gallon on the part, a high efficiency spray gun needs to use only 2 
gallons of coating. This increased transfer efficiency represents a 40 
percent decrease in coating consumption and in resultant emissions 
compared to conventional spray guns. For these reasons, many surface 
coating operations have already switched to HVLP and other types of 
high efficiency spray guns.
    All of the autobody refinishing facilities visited by EPA and about 
80 percent of the other miscellaneous surface coating facilities for 
which EPA has data used HVLP or equivalent spray guns for coating 
application. About half these sources were not required to do so by 
regulations and have switched in order to reduce coating costs through 
reduced consumption. Regulations for autobody refinishing in 10 States 
require the use of HVLP spray guns or their equivalent statewide, and 
they are required in ozone non-attainment areas in 12 States without a 
statewide requirement. Given the cost-effectiveness and the use of HVLP 
or equivalent spray guns has been adopted at the facilities visited by 
EPA and is required in many States and ozone non-attainment areas, we 
have determined that these types of spray guns are GACT for spray-
applied coatings.
    The purpose of requiring the spray equipment operator to be trained 
and certified is to ensure that the operator is skilled in the 
techniques needed to achieve a high rate of transfer efficiency. We 
have concluded, based on the findings of the Spray Technique Analysis 
and Research (STAR[supreg]) program study presented in the following 
paragraph, and included in the public docket for this rulemaking, that 
even when spray operations are confined within a spray booth and 
appropriate spray technology is used, they are not as effective if the 
painter is not properly trained. We therefore have determined that GACT 
requires implementation of the above requirements by a trained painter.
    The training would include measures intended to increase transfer 
efficiency and reduce overspray and coating usage. Most, if not all of 
the measures are currently offered in training provided by coating 
manufacturers on an annual basis. In addition to manufacturer-sponsored 
training, the STAR[supreg] program, which originated at the University 
of Northern Iowa Waste Reduction Center, has now been adopted at 37 
locations (primarily community colleges) throughout the United States. 
Coating manufacturers currently provide this training to their clients 
as part of the service benefits of contracting with them and as a 
component in the warranty agreement. Data from the STAR[supreg] program 
demonstrate that spray operator training can increase transfer 
efficiency for those using high efficiency spray equipment from an 
average of about 50 percent to 60 percent, or more, representing a 20 
percent reduction in coating usage compared to untrained operators. 
This 20 percent reduction in coating usage would translate into a 20 
percent reduction in emissions of organic HAP that are contained in 
those coatings. It would also reduce emissions of the heavy metals that 
are in the coatings.
    It is important to note that these ``untrained'' operators are not 
inexperienced painters. They often have many years of experience before 
they enter these training programs. However, they have not been 
specifically trained in how to best set up and operate high efficiency 
spray equipment and to optimize their technique to maximize transfer 
efficiency and minimize coating consumption.
    About 3,500 painters have already completed STAR[supreg] training 
and at least one company operating multiple collision repair shops has 
established a STAR[supreg]-based in-house training program. Since many 
painters already attend regular training sponsored by coating companies 
and trade organizations, we determined that the specified painter 
training, or a comparable training program, is GACT for these source 
categories.
    Our analysis has determined that the proper training and 
certification for spray coating operators should be comparable to 
existing programs such as those offered by The Inter-Industry 
Conference on Auto Collision Repair (I-CAR) and the STAR[supreg]-based 
programs offered in various states. The essential elements of training 
and certification, for the purposes of achieving compliance with the 
requirements of the proposed standard, should at a minimum, train, 
examine and certify each spray equipment operator in the proper 
techniques in: (1) Coating material handling, including spills and 
clean up, (2) substrate preparations that minimize over spray, (3) 
proper equipment selection and set-up to optimize transfer efficiency, 
(4) coating application and spray technique that minimizes over spray, 
(5) spray equipment cleaning and maintenance, and (6) operating and 
maintaining a spray booth.
    However, EPA does not believe that I-CAR and STAR[supreg] are the 
only programs that contain these essential elements for operator 
instruction and certification in the skills needed to achieve a high 
rate of transfer efficiency with proper equipment. The proposed rule 
does not limit training and certification to only these two programs, 
since the critical elements are the training components. We are open to 
and request comment regarding viable training and certification 
alternatives that are available to spray coating operators that should 
be considered that would achieve the same or comparable results. These 
alternatives could include, but not be limited to, state, community 
college, or industry sponsored training and certification programs, 
either on the job or through classroom, hands-on, or on-line 
instruction.
    The proposed rule would require that all spray gun cleaning be done 
in enclosed spray gun cleaners, or the disassembled spray gun could be 
cleaned by hand without the benefit of atomization. Spraying of 
cleaning solvent through spray guns outside of an enclosed gun washer 
would be prohibited. All of the facilities visited by EPA had enclosed 
gun washers and other contacts with industry members indicate that this 
is standard practice among well-controlled facilities. Therefore, we 
have determined that an enclosed spray gun cleaner or hand cleaning is 
GACT for these source categories to reduce emissions from spray gun 
cleaning. We believe the measures in the proposed rule would 
effectively control emissions of the target HAP for these sources 
categories.

D. How did we select the format of the proposed standards?

    The proposed standards are in the form of management practice 
standards and equipment standards. These include reducing the need for 
MeCl-containing paint strippers, painter training and the use of 
filtered booths or prep stations, HVLP spray guns, and

[[Page 52969]]

enclosed spray gun cleaners. This format was selected since these 
standards are the most universally applicable and effective for these 
source categories, they reflect the types of controls that are already 
in place at well-controlled facilities, and they would have the minimum 
burden for monitoring, recordkeeping, and reporting compared to other 
formats. Facilities applying coatings can use filters other than the 
specified types if the filters are demonstrated to achieve 98 percent 
filter efficiency. They may also use spray guns other than HVLP spray 
guns if the manufacturer has demonstrated to the EPA that they are 
equivalent in transfer efficiency.
    The proposed standards do not include numerical emission limits. 
After considerable review of industry-supplied data for paint stripping 
and coatings, and consultation with the industry, we have determined 
that numerical emission limits are not feasible given the variability 
in the operational parameters (e.g., substrate (i.e., metal, plastic or 
wood), performance specifications, production rate, etc.) and the 
variety of work being performed, as many of the sources in these source 
categories are job shops. Given this variability for these sources EPA 
believes it is important to provide the greatest flexibility for these 
sources without compromising emission reductions.

E. How did we select the initial compliance and testing requirements?

    The proposed rule includes the minimum requirements needed to 
demonstrate initial compliance. You would demonstrate initial 
compliance by implementing all of the requirements in the proposed rule 
by the dates specified in the rule, and certifying in the initial 
compliance notification that your source is in compliance.
    This proposed rule is comprised of management practices and 
equipment requirements, of which sources have the option of 
substituting the specified equipment with alternative equipment that 
would achieve equivalent or better emissions reductions than that 
specified, provided they obtain approval from the Administrator as 
required in section 63.11173(e) of the proposed rule. However, test 
methods are needed in order to demonstrate equivalent performance of 
alternative equipment. For this reason, the proposed rule includes 
separate testing methods that would need to be followed to measure 
paint overspray filter efficiency when a source does not use fiberglass 
or polyester fiber filters, and to demonstrate that a paint spray gun 
is equivalent to an HVLP spray gun in transfer efficiency. The proposed 
methods represent those methods that are already in use to measure 
filter efficiency and equivalency to HVLP spray guns based on transfer 
efficiency. It is expected that the filter or spray gun supplier would 
complete these measurements and provide copies of the results to the 
purchaser so they could document compliance. We do not expect the owner 
of the surface coating operation to perform the measurements.

F. How did we select the continuous compliance requirements?

    The proposed rule includes the minimum requirements needed to 
demonstrate continuous compliance. You would demonstrate continuous 
compliance by ensuring that you follow the prescribed best management 
practices for paint stripping operations. Further, if you use more than 
150 gal per year of paint stripper containing MeCl, you must 
demonstrate compliance by implementing and following your MeCl 
Minimization Plan. For surface coating operations you would ensure that 
all painters maintain their training and certification, all spray-
applied coating is done in a filtered spray booth or prep station, the 
filters are of the proper type or efficiency, all spray guns are HVLP 
or equivalent, and all gun cleaning is done in an enclosed spray gun 
cleaner or by hand. You would also need to maintain records that all 
painters are trained and certified, and that filters and spray guns 
meet the specifications for filter efficiency and transfer efficiency, 
respectively, if needed.

G. How did we select the compliance date?

    You would be allowed 2 years to comply with the proposed standards 
if your operation is an existing source. We believe that 2 years is 
needed to allow adequate time for existing sources to ensure that all 
additional equipment, if needed, is purchased and installed and to 
provide sufficient time for painters employed by the 36,000 sources to 
receive the training that would be required by the proposed rule.

H. How did we decide to exempt these area source categories from the 
CAA title V permit requirements?

    Section 502(a) of the CAA provides that the Administrator may 
exempt an area source category from title V if he determines that 
compliance with title V requirements is ``impracticable, infeasible, or 
unnecessarily burdensome'' on an area source category. See CAA section 
502(a). In December 2005, EPA interpreted the term ``unnecessarily 
burdensome'' in CAA section 502 and developed a four-factor balancing 
test for determining whether title V is unnecessarily burdensome for a 
particular area source category, such that an exemption from title V is 
appropriate. See 70 FR 75320, December 19, 2005 (``Exemption Rule'').
    The four factors that EPA identified in the Exemption Rule for 
determining whether title V is ``unnecessarily burdensome'' on a 
particular area source category include: (1) Whether title V would 
result in significant improvements to the compliance requirements, 
including monitoring, recordkeeping, and reporting, that are proposed 
for an area source category (see 70 FR 75323); (2) whether title V 
permitting would impose significant burdens on the area source category 
and whether the burdens would be aggravated by any difficulty the 
sources may have in obtaining assistance from permitting agencies (see 
70 FR 75324); (3) whether the costs of title V permitting for the area 
source category would be justified, taking into consideration any 
potential gains in compliance likely to occur for such sources (see 70 
FR 75325); and (4) whether there are implementation and enforcement 
programs in place that are sufficient to assure compliance with the 
NESHAP for the area source category, without relying on title V permits 
(see 70 FR 75326).
    In discussing the above factors in the Exemption Rule, we explained 
that we considered on ``a case-by-case basis the extent to which one or 
more of the four factors supported title V exemptions for a given 
source category, and then we assessed whether considered together those 
factors demonstrated that compliance with title V requirements would be 
`unnecessarily burdensome' on the category, consistent with section 
502(a) of the Act.'' See 70 FR 75323. Thus, in the Exemption Rule, we 
explained that not all of the four factors must weigh in favor of 
exemption for EPA to determine that title V is unnecessarily burdensome 
for a particular area source category. Instead, the factors are to be 
considered in combination and EPA determines whether the factors, taken 
together, support an exemption from title V for a particular source 
category.
    In the Exemption Rule, in addition to determining whether 
compliance with title V requirements would be unnecessarily burdensome 
on an area source category, we considered, consistent with the guidance 
provided by the legislative history of section 502(a), whether 
exempting the area

[[Page 52970]]

source category would adversely affect public health, welfare or the 
environment. See 70 FR 15254-15255, March 25, 2005. As discussed below, 
we have determined that the exemptions from title V would not adversely 
affect public health, welfare and the environment.
    In considering the exemption from title V requirements for sources 
in the categories affected by this proposed rule, we first compared the 
title V monitoring, recordkeeping, and reporting requirements (factor 
one) to the requirements in this proposal and determined that the 
management practices currently used at most facilities is GACT and the 
rule requires recordkeeping that serves as monitoring and deviation 
reporting to ensure compliance. Because the proposal would require 
management practices for certain processes and requires recordkeeping 
designed to serve as monitoring and that recordkeeping assures 
compliance with the requirements of the proposed rule, additional 
monitoring requirements that might be added under title V would be 
unnecessary to assure compliance. Monitoring other than recordkeeping 
is not practical or appropriate in either case because the requirements 
are management practices. Records are required to ensure that the 
management practices are followed, including such records as the amount 
of MeCl use in paint stripping or the training certification for spray 
gun operators.
    As part of the first factor, we also considered the extent to which 
title V could potentially enhance compliance for area sources covered 
by this proposed rule through recordkeeping or reporting requirements. 
For any affected area source facility, the proposed rule would require 
an initial notification, a compliance status report, and report of 
deviations. We considered the various title V recordkeeping and 
reporting requirements, including requirements for a 6-month monitoring 
report, deviation reports, and an annual certification in 40 CFR 70.6 
and 71.6.
    The proposed rule would also require affected facilities to certify 
compliance with the management practices identified as GACT. In 
addition, facilities must maintain records showing compliance with the 
required management practices and deviations. The information required 
in the deviation reports and records is similar to the information that 
must be provided in the deviation reports required under 40 CFR 
70.6(a)(3) and 40 CFR 71.6(a)(3). We acknowledge that title V might 
impose additional compliance requirements on this category, but, we 
conclude that the monitoring, recordkeeping and reporting requirements 
of this proposed rule are sufficient to ensure compliance with the 
proposed standards, and title V would not significantly improve those 
compliance requirements.
    Under the second factor, we determine whether title V permitting 
would impose a significant burden on the area sources in these 
categories and whether that burden would be aggravated by any 
difficulty the source may have in obtaining assistance from the 
permitting agency. Subjecting any source to title V permitting imposes 
certain burdens and costs that do not exist outside of the title V 
program. The EPA estimated that the average cost of obtaining and 
complying with a title V permit was $38,500 per source for a 5-year 
permit period, including fees. See Information Collection Request for 
Part 70 Operating Permit Regulations, January 2000, EPA ICR Number 
1587.05. While EPA does not have specific information for the burdens 
and costs of permitting for either paint stripping or miscellaneous 
surface coating area sources; there are inherent activities associated 
with the part 70 and 71 rules that are mandatory and impose burdens on 
every affected source. These activities include: Reading and 
understanding permit program guidance and regulations; obtaining and 
understanding permit application forms; answering follow-up questions 
from permitting authorities after the application is submitted; 
reviewing and understanding the permit; collecting records; preparing 
and submitting monitoring reports on a 6-month or more frequent basis; 
preparing and submitting prompt deviation reports, as defined by the 
State, which may include a combination of written, verbal, and other 
communications methods; collecting information, preparing, and 
submitting the annual compliance certification; preparing applications 
for permit revisions every 5 years; and, as needed, preparing and 
submitting applications for permit revisions. In addition, although not 
required by the permit rules, many sources obtain the contractual 
services of professional scientists and engineers (consultants) to help 
them understand and meet the permitting program's requirements. The ICR 
for part 70 provides additional information on the overall burdens and 
costs, as well as the relative burdens of each activity described here. 
For a more comprehensive list of requirements imposed on part 70 
sources (and hence, burden on sources), see the requirements of 40 CFR 
70.3, 70.5, 70.6, and 70.7.
    In assessing the second factor for facilities affected by this 
proposal, we found that nearly all of approximately 3,000 paint 
stripping and 36,000 miscellaneous surface coating facilities are small 
businesses, some having as few as one or two employees. These small 
sources lack the technical resources needed to independently comply 
with permitting requirements and the financial resources needed to hire 
the necessary staff or outside consultants. Given that title V 
permitting would impose significant economic and non-economic costs on 
nearly all of these area sources, we conclude that title V is a 
significant burden for sources in these categories. Furthermore, given 
the large number of sources in these categories and relative small 
facility size, it would likely be difficult for each to obtain 
independent assistance from their respective permitting authorities. 
We, thus, conclude that factor two strongly supports title V exemptions 
for facilities in these area source categories.
    The third factor, which is closely related to the second factor, is 
whether the costs of title V permitting for these area sources would be 
justified, taking into consideration any potential gains in compliance 
likely to occur for such sources. We explained under the second factor 
(above) that the economic and non-economic costs of compliance with 
title V would impose a significant burden on nearly all of the 
approximately 3,000 paint stripping and 36,000 miscellaneous surface 
coating facilities. We also concluded in considering the first factor 
that, while title V might impose additional requirements, that the 
monitoring, recordkeeping and reporting requirements in the NESHAP 
assure compliance with the management practices imposed in the NESHAP. 
In addition, below in our consideration of the fourth factor we find 
that there are adequate implementation and enforcement programs in 
place to assure compliance with the NESHAP. Because the costs, both 
economic and non-economic, of compliance with title V are high, and the 
potential for gains in compliance are low, title V permitting is not 
justified for this source category. Accordingly, the third factor 
supports title V exemptions for these area source categories.
    Finally, in determining if title V requirements were unnecessarily 
burdensome, we considered whether there are implementation and 
enforcement programs in place that are sufficient to assure compliance 
with the

[[Page 52971]]

NESHAP without relying on title V permits (factor four). In doing so, 
we considered whether there are sufficient State programs in place to 
enforce these proposed area source standards, and we believe that there 
are sufficient State programs to assure compliance with these proposed 
area source standards. In addition, we recognize that EPA retains 
authority to enforce these NESHAP anytime under CAA sections 112, 113 
and 114. We concluded that title V permitting is ``unnecessary'' to 
assure compliance with these proposed standards because the statutory 
requirements for implementation and enforcement of these proposed 
standards by the delegated States and EPA are sufficient to assure 
compliance, in all parts of the United States, without title V permits. 
States and EPA often conduct voluntary compliance assistance, outreach, 
and education programs (compliance assistance programs), which are not 
required by statute. We determined that these additional programs will 
supplement and enhance the success of compliance with these proposed 
standards and conclude that, in light of all of the above, there are 
implementation and enforcement programs in place that are sufficient to 
assure compliance with these proposed standards without relying on 
title V permitting.
    In applying the fourth factor in the Exemption Rule, where EPA had 
deferred action on the title V exemption for several years, we had 
enforcement data available to demonstrate that States were not only 
enforcing the provisions of the area source standards that we exempted, 
but that the States were also providing compliance assistance to ensure 
that the area sources were in the best position to comply with the 
standards. See 70 FR 75325-75326. In proposing this rule, we did not 
have similar data available on the specific enforcement as in the 
Exemption rule, but we have no reason to think that States will be less 
diligent in enforcing these proposed standards. See 70 FR 75326. In 
fact, States must have adequate programs to enforce the HAP regulations 
and provide assurances that it will enforce all NESHAP, including area 
source standards, before EPA will delegate the program. See 40 CFR part 
63, subpart E.
    In light of all of the above, we conclude that there are 
implementation and enforcement programs in place that are sufficient to 
assure compliance with these proposed standards without relying on 
title V permitting.
    Balancing the four factors for these area source categories 
strongly supports that title V is unnecessarily burdensome. While title 
V might add additional compliance requirements if imposed, we concluded 
that there would not be significant improvements to the compliance 
requirements in this proposed rule, because the proposed rule 
requirements are specifically designed to assure compliance with the 
management and equipment practices imposed on these area source 
categories. We also concluded that the economic and non-economic costs 
of compliance with title V, in conjunction with the likely difficulty 
this large number of small sources would have obtaining assistance from 
the permitting authority, would impose a significant burden on these 
area sources. We determined that the high relative costs would not be 
justified given that there was likely to be little or no potential gain 
in compliance likely to occur if title V were required, and that there 
are adequate implementation and enforcement programs in place to assure 
compliance with these proposed standards. Thus, we conclude that title 
V permitting would be ``unnecessarily burdensome'' for these area 
source categories.
    In addition to evaluating whether compliance with title V 
requirements is ``unnecessarily burdensome,'' EPA also considered, 
consistent with guidance provided by the legislative history of section 
502(a), whether exempting these area source categories from title V 
requirements would adversely affect public health, welfare, or the 
environment. Exemption of these area source categories from title V 
requirements would not adversely affect public health, welfare, or the 
environment because the level of control would remain the same if a 
permit were required. The title V permit program does not impose new 
substantive air quality control requirements on sources, but instead 
requires that certain procedural measures be followed, particularly 
with respect to determining compliance with applicable requirements. As 
stated in our consideration of factor one for these categories, title V 
would not lead to significant improvements in the compliance 
requirements applicable to existing or new area sources.
    Furthermore, one of the primary purposes of the title V permitting 
program is to clarify, in a single document, the various and sometimes 
complex regulations that apply to sources in order to improve 
understanding of these requirements and to help sources to achieve 
compliance with the requirements. In these cases, however, placing all 
requirements for the source in a title V permit would do little to 
clarify the requirements applicable to each source or assist it in 
compliance with the proposed rule requirements, because of the 
simplicity of the source and the proposed standards, and the likelihood 
that these sources are not subject to other regulatory requirements 
under the CAA. We have no reason to think that new sources would be 
substantially different from the existing sources in these categories. 
In addition, we explained in the Exemption Rule that requiring permits 
for the large number of area sources could, at least in the first few 
years of implementation, potentially adversely affect public health, 
welfare, or the environment by shifting State agency resources away 
from assuring compliance for major sources with existing permits to 
issuing new permits for these area sources, potentially reducing 
overall air program effectiveness. For this proposed rule, we conclude 
that title V exemptions for these area sources will not adversely 
affect public health, welfare, or the environment for all of the 
reasons explained above.
    For the foregoing reasons, we are proposing to exempt these source 
categories from title V permitting requirements.

V. Impacts of the Proposed Standards

    The EPA estimates that about 39,000 establishments perform paint 
stripping and miscellaneous surface coating operations. We estimate 
that about 3,000 of these establishments are paint stripping facilities 
and 36,000 establishments are surface coating operations. The majority 
of these surface coating establishments (about 35,000) are involved in 
motor vehicle and mobile equipment refinishing, and employ about 
263,000 people, of which about one-third are painters.

A. What are the air impacts?

Paint Stripping Operations
    The baseline MeCl emissions from paint stripping operations are 
estimated to be 3,800 tpy. Around 500 tpy is estimated to be emitted 
from the approximately 2,000 facilities that use less than 150 gal of 
paint stripper containing MeCl, per year (which approximately equals 
MeCl emissions of 1,000 pounds per year based on typical stripper 
formulations). The remaining 3,300 tpy is estimated to be emitted by 
the approximately 1,000 paint strippers that use more than 150 gallons 
of MeCl stripper and who would be required to develop a MeCl 
minimization plan.

[[Page 52972]]

Miscellaneous Coating Operations
    The baseline emissions from the surface coating operations are 
estimated to be about 38,000 tpy of HAP, including 12.4 tpy of 
inorganic HAP (e.g. Pb and Cr-VI compounds). In addition to the HAP, 
baseline emissions of criteria pollutants are estimated to be 3,100 tpy 
of particulate matter (PM) from paint overspray and 120,400 tpy of 
volatile organic compounds (VOC) from coating and solvent evaporation.
    Implementation of the proposed standards would achieve a reduction 
of 6,900 tpy of HAP from surface coating operations, including about 
11.4 tpy of inorganic HAP. In addition to the HAP, we estimate PM 
reductions of about 2,900 tpy and VOC reductions of about 20,900 tpy. 
These reductions would occur as a result of reduced use of HAP-
containing solvents and coatings, increased use of filtered spray 
booths to capture overspray, increased spray painter training and use 
of HVLP or equivalent guns to improve transfer efficiency and to reduce 
coating overspray and paint consumption, and increased use of enclosed 
spray gun washers. Additional detail on these calculations are included 
in the public docket for this rulemaking.

B. What are the cost impacts?

Paint Stripping Operations
    We estimate that the proposed standards for paint stripping 
operations will result in an initial cost of around $1,500,000 and a 
net savings in annual costs. This includes an estimated initial cost of 
$490,000 and annual costs of $80,000 for the nearly 2,000 paint 
strippers whose annual usage of paint stripper containing MeCl is below 
150 gallons. Initial costs for the approximately 1,000 paint strippers 
who use more than 150 gallons per year, who would be required to 
develop MeCl minimization plans are estimated to be just over $1 
million. The annual costs for those plants are estimated to be a net 
savings of $920,000.
    For the nearly 2,000 paint strippers whose annual usage of MeCl in 
paint strippers is below 1,000 lb, or whose annual usage of paint 
stripper containing MeCl is below 150 gallons, evaluation of improved 
methods to reduce the emissions of MeCl from evaporative losses 
comprise most of the costs.
    The costs for the approximately 1,000 paint strippers who are 
required to develop MeCl minimization plans are attributable to the 
development and implementation of the MeCl minimization plan. Annual 
costs will include an estimated $400,000 for the development and 
implementation of the MeCl minimization plan and reporting requirements 
and an estimated $450,000 associated with switching paint stripping 
technologies. Annual savings resulting from the implementation of the 
MeCl minimization plan include an estimated $420,000 from the 
elimination of unnecessary stripping operations and $1,320,000 in 
management practice savings from the reduced use of MeCl-containing 
strippers. For reasons set out earlier in this preamble, we believe 
that 5 percent of paint stripping in the private sector is not 
necessary and specifically request comment as to whether or not 5 
percent is an appropriate figure to use. Additional detail on these 
calculations are included in the public docket for this rulemaking.
Miscellaneous Coating Operations
    We estimate that the proposed standards for surface coating 
operations will have no net annual cost to surface coating operations. 
The initial cost of complying with the proposed standards would be off-
set and recovered over time by cost savings as a result of more 
efficient use of labor and materials by surface coating operations. The 
initial costs for surface coating operations are for purchase improved 
spray booth filters, automated enclosed gun washers, HVLP spray guns, 
and painter training, if needed to comply with the proposed standards.
    Spray finishing operations are already required by OSHA standards 
to perform spray painting in a spray booth or similar enclosure. 
However, the proposed standards specify that certain types of filters 
have to be used on the spray booth exhaust to minimize HAP emissions, 
and these filters are not addressed by OSHA standards. Some surface 
coating sources may need to replace their current filters for ones with 
higher paint overspray capture efficiency, but the higher efficiency 
filters are readily available and will not result in an additional 
cost.
    We estimate that about 5,000 facilities would need to purchase and 
install an enclosed spray gun washer. The total capital cost for each 
source that would need to install a gun washer was estimated to be 
approximately $1,800. This cost is the same for new and existing 
sources. The total capital cost for all 5,000 sources that would be 
required to purchase a spray gun washer was estimated to be $9.0 
million.
    The EPA estimates that sources that would need to purchase a spray 
gun washer would have no net annualized capital costs or operating 
costs. We estimate the annual costs would be offset from reduced labor 
to clean spray guns and reduced costs for cleaning solvent purchase and 
disposal. Spray gun washers are automated so that after loading the 
spray gun in the washer, the painters can perform other tasks while the 
spray guns are being cleaned. Automated spray gun washers are also 
capable of re-using solvent for gun cleaning to minimize solvent 
consumption and waste disposal. Finally, small surface coating 
facilities that do not currently have an automated gun washer can still 
comply with the proposed standards by cleaning guns by hand as long as 
they do not atomize cleaning solvent from the gun and they collect 
spent solvent in a container that is closed when not in use.
    The estimated cost for training is $1,000 per painter, which covers 
tuition cost and labor cost for 16 hours of training time. Based on the 
United States census data collected to estimate new sources for this 
source category the number of refinishing shops in the United States 
remain constant (i.e., for every new shop, a shop closes) and it is 
expected that this trend will continue in the future. This reflects on 
the number of new painters that would need training. We assumed that 
training certification would be valid for 5 years, so about one-fifth 
of painters (20 percent) would receive training every year. We estimate 
that about 18,000 painters would be trained per year at an annual cost 
of $18 million per year.
    However, EPA believes that these training costs could be over-
stated for at least two reasons. First, many facilities already send 
their painters to training sponsored by paint companies and trade 
organizations. Paint companies sponsor painter training so that the 
paint company can reduce warranty claims on their paint products. These 
training courses already cover much of the same material required by 
the proposed rule. Therefore, the rule would not impose new training 
costs on these facilities that already participate in training.
    Second, the estimated training cost could be offset by reduced 
coating costs if the training results in reduced coating consumption. 
Data from the STAR[supreg] training programs indicate that painters who 
complete this training can decrease the amount of coating sprayed by 
about 20 percent per job. We estimate that if a typical facility 
reduced their coating consumption and costs by about 4 percent per 
year, the cost savings would equalize the increased cost of training 
after one year, and there would be no net cost in training. To recover 
the cost of training over 5 years, a typical facility would need to 
reduce their coating consumption by slightly less than 1 percent. As 
previously mentioned, EPA

[[Page 52973]]

believes the costs associated with training are over-stated; however, 
we specifically request comment on whether or not these assumptions are 
accurate.
    In summary, EPA estimates that the proposed requirements for 
surface coating operations would not result in any net increase in 
annual costs from the control requirements for surface coating 
operations. We estimated that the annual cost for recordkeeping and 
reporting for surface coating operations would be $7.8 million for 
about 36,000 surface coating operations, or an average of about $220 
per facility. Cost estimates are based on the information available to 
the Administrator and presented in the economic analysis of this rule. 
Additional detail is included in the public docket for this rulemaking.

C. What are the economic impacts?

    The economic impact analysis focuses on changes in market prices 
and output levels. A more detailed discussion of the economic impacts 
is presented in the economic impact analysis memorandum that is 
included in the docket.
    Both the magnitude of control costs needed to comply with the rule 
and the distribution of these costs among affected facilities can have 
a role in determining how the market prices and quantities will change 
in response to the rule. In this case, we have so many facilities that 
model facilities must be used in the cost analysis. The cost analysis 
estimates that there will be no net increase in annual costs from the 
control requirements from the proposed regulation for surface coating 
operations. The record keeping and reporting costs are estimated to 
range from $76 to $95 per facility per year.
    These costs are too small to have any significant market impact. 
Whether the costs are absorbed by the affected facilities or passed on 
to the purchaser in the form of higher prices, the impacts would be 
quite small.
    The cost analysis estimates that there will be a net cost savings 
from the control requirements, recordkeeping, and reporting from the 
proposed regulation for paint stripping for all but the smallest model 
plant. The cost for the smallest model plant is estimated to be $11 a 
year.
    Again, these costs are too small to have any significant market 
impact. Whether the costs are absorbed by the affected facilities or 
passed on to the purchaser in the form of higher prices, the impacts 
would be quite small.
    While most of these facilities are small, the very small costs are 
not expected to be even a tenth of a percent of revenues. Thus a 
significant impact is not expected for a substantial number of small 
entities.

D. What are the non-air health, environmental, and energy impacts?

Paint Stripping Operations
    We estimate that there will be a reduction in non-air health and 
environmental impacts resulting from the paint stripping area source 
NESHAP. Reduced usage of MeCl-containing chemical strippers will result 
in reduction in waste water generated from rinsing chemically stripped 
pieces. Additionally, reduced chemical stripping activity will result 
in a reduction in the generation of hazardous wastes composed of rags 
and other chemical stripper applicators and removal equipment.
    EPA expects some increase in the need for energy to resulting from 
switching away from MeCl-containing chemical strippers to other paint 
stripping methods. There would be a slight increase in energy usage 
associated with switching to other chemical strippers that do not 
contain MeCl because they often need to be heated above room 
temperature to be most effective. There is also some increase in energy 
usage associated with non-manual mechanical stripping and blasting with 
both dry and wet media.
    The energy usage increase would be somewhat more for thermal 
decomposition or cryogenic paint stripping technologies. Thermal 
decomposition basically uses natural gas heated ovens to bake the paint 
off the substrate. Cryogenic paint stripping methods have increased 
electricity demands associated with the production of liquid nitrogen 
or liquid carbon dioxide.
Miscellaneous Coating Operations
    We estimated that about 5,000 surface coating operations would need 
to install spray booths to comply with the proposed standards. Spray 
booths would need electricity to run fans and natural gas to heat make-
up air to maintain facility temperatures in colder weather. We estimate 
that this would lead to an increased electricity consumption of 9.8 
million kilowatt hours per year and increased natural gas consumption 
of 724 million cubic feet per year. However, spray booths are already 
required for spray finishing operations to comply with OSHA standards, 
so theses impacts would not be assigned to these proposed standards.
    Facilities that install spray booths would also need to dispose of 
used spray booth filters. These are often placed in a sealed drum to 
prevent spontaneous combustion and disposed of as hazardous waste. We 
estimate that 5,000 new spray booths could generate used filters equal 
to about 8,000 drums per year.
    Facilities that install enclosed spray gun washers would need to 
dispose of spent solvent as hazardous waste that formerly may have been 
allowed to evaporate. However, we cannot estimate this amount because 
we cannot determine the baseline disposal practices for facilities that 
did not have enclosed spray gun washers. If facilities previously 
handled spent solvent waste as hazardous waste, the installation of an 
enclosed spray gun washer could lead to a more efficient use of 
cleaning solvent and could reduce the volume of waste generated.
    We expect no increase in generation of wastewater or other water 
quality impacts. None of the control measures considered for this rule 
generates a wastewater stream.
    The installation of spray booths and enclosed gun washers, and 
increased worker training in the proper use and handling of coating 
materials should reduce worker exposure to harmful chemicals in the 
workplace. This should have a positive benefit on worker health, but 
this benefit cannot be quantified in the scope of this rulemaking.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning And Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action.'' Accordingly, EPA 
submitted this action to the Office of Management and Budget (OMB) for 
review under Executive Order 12866 and any changes made in response to 
OMB recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. The Information Collection Request (ICR) 
document prepared by EPA has been assigned EPA ICR number 2268.01.
    The information collection requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting

[[Page 52974]]

requirements are specifically authorized by CAA section 114 (42 U.S.C. 
7414). All information submitted to EPA pursuant to the recordkeeping 
and reporting requirements for which a claim of confidentiality is made 
is safeguarded according to Agency policies set forth in 40 CFR part 2, 
subpart B.
    The proposed standards would require sources to submit an initial 
notification that they are subject to the standards, submit a 
notification of whether or not the source is in compliance (the 
notification of compliance status), submit annual compliance reports, 
and keep records needed to demonstrate compliance. These requirements 
would be the minimum needed to ensure that sources were complying with 
the requirements of the proposed rule.
    We estimate that about 40,000 existing area sources would be 
subject to the proposed standards. We estimate that about 1,600 new 
facilities would open per year in the 3 years following promulgation of 
the standards, but that the total number of facilities would remain 
constant as new facilities replace facilities that have closed.
    New and existing sources would have no capital costs associated 
with the information collection requirements in the proposed standards.
    The estimated recordkeeping and reporting burden in the third year 
after the effective date of the promulgated rule is estimated to be 
62,877 labor hours at a cost of $2.2 million. This estimate includes, 
depending on the type of source, the cost of keeping records of paint 
stripping solvent consumption, painter training, spray booth filter 
efficiency, and spray gun transfer efficiency, and the cost of 
submitting annual compliance reports. The average hours and cost per 
facility would be 6.4 hours and $219. Each facility would be required 
to submit one compliance report per year. Starting in year 4, about 
40,000 facilities would respond per year.
    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.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, we have established a public docket for this rule, which 
includes this ICR, under Docket ID number EPA-HQ-2005-0526. Submit any 
comments related to the ICR for this proposed rule to EPA and OMB. See 
ADDRESSES section at the beginning of this notice for where to submit 
comments to EPA. Send comments to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW, Washington, DC 20503, Attention: Desk Officer for EPA. Since OMB is 
required to make a decision concerning the ICR between 30 and 60 days 
after September 17, 2007, a comment to OMB is best assured of having 
its full effect if OMB receives it by October 17, 2007. The final rule 
will respond to any OMB or public comments on the information 
collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    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 would not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of the proposed area 
source NESHAP on small entities, small entity is defined as: (1) A 
small business that meets the Small Business Administration size 
standards for small businesses found at 13 CFR 121.201, which for the 
entities affected by the proposed rule is generally one having less 
than 500 to 1,000 employees, depending on the specific NAICS code under 
which that business is classified, or annual revenues of less than $6.5 
million, refer to NAICS code table listed previously; (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.
    After considering the economic impacts of the proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. There would 
not be adverse impacts on existing area sources in either of the three 
source categories because the proposed rule does not create any new 
burdens for existing sources, other than minimal notification and 
reporting requirements, and best management or equipment practices, 
which are designed to recover initial cost. We have determined that the 
cost of these requirements (estimated at less than $1,000 per year per 
facility) would not result in an adverse economic impact on any 
facility, large or small (i.e., the cost is less than one percent of 
total revenues, even for small businesses).
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. The proposed 
standards represent practices and controls that are common throughout 
the sources engaged in paint stripping and miscellaneous surface 
coating. The proposed standards also require the minimal amount of 
recordkeeping and reporting needed to demonstrate and verify 
compliance. These proposed standards were also developed in 
consultation with numerous individual small businesses and their 
representative trade associations. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a

[[Page 52975]]

written statement is needed, section 205 of the UMRA generally requires 
EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    EPA has determined, based on discussions with State, local, and 
tribal governments during site visits, that this rule does not contain 
a Federal mandate that may result in expenditures of $100 million or 
more for State, local, and tribal governments, in the aggregate, or the 
private sector in any one year. Thus, the proposed rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.
    Some State, local, or tribal governments have paint stripping and/
or miscellaneous surface coating operations (e.g., municipal fleet 
vehicle maintenance garages) that may be subject to the requirements of 
this proposed rule. However, we do not believe that any of them are 
operated by small government entities. Small government entities are 
expected to contract for refinishing services when these services are 
needed, rather than doing this work in-house. In addition, total 
expenditures for all entities to comply with the proposed rule are 
estimated to be less than $100 million in any year.

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.''
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. The EPA is required by CAA 
section 112, to establish the standards in the proposed rule. The 
proposed rule primarily affects private industry, and does not impose 
significant economic costs on State or local governments. The proposed 
rule does not include an express provision preempting State or local 
regulations. Thus, the requirements of section 6 of the Executive Order 
do not apply to the proposed rule. Thus, Executive Order 13132 does not 
apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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''. This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. It 
will not have substantial direct effects on tribal governments, or the 
relation 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. 
Thus, Executive Order 13175 does not apply to this rule. EPA 
specifically solicits additional comment on this proposed rule from 
tribal officials.

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

    Executive Order 13045: ``Protection Of Children From Environmental 
Health 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 regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposed 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

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, Or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Some of 
the affected sources would be expected to install and operate spray 
booths to comply with the rule and these would require electricity and 
natural gas to operate. However the increased use of energy by these 
sources would not have a significant effect on the supply, 
distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113, Section 12(d), 15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities, unless to do so would be inconsistent with 
applicable law or otherwise impractical. The VCS are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.

[[Page 52976]]

    This proposed rulemaking involves technical standards. The EPA is 
citing the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Method 52.1, ``Gravimetric and Dust-
Spot Procedures for Testing Air-Cleaning Devices Used in General 
Ventilation for Removing Particulate Matter, June 4, 1992,'' to measure 
paint booth filter efficiency to measure the capture efficiency of 
paint overspray arrestors with spray-applied coatings.
    The EPA is also citing California South Coast Air Quality 
Management District's (SCAQMD) methods: ``Spray Equipment Transfer 
Efficiency Test Procedure For Equipment User, May 24, 1989'' and 
``Guidelines for Demonstrating Equivalency with District Approved 
Transfer Efficient Spray Guns, September 26, 2002'' as methods to 
demonstrate the equivalency of spray gun transfer efficiency for spray 
guns that do not meet the definition of high-volume/low pressure (HVLP) 
or electrostatic spray.
    Consistent with the NTTAA, the EPA conducted searches to identify 
voluntary consensus standards in addition to these methods. The search 
and review results are in the docket for this rule.
    One voluntary consensus standard was identified as applicable to 
this rule. The German standard DIN EN 13966-1:2003 ``Determination of 
the transfer efficiency of atomizing and spraying equipment for liquid 
coating materials--Part 1: Flat panels,'' appears to be applicable to 
this rule. We are inviting comment on the appropriateness of this 
standard to establish the transfer efficiency of spray guns that do not 
meet the definition of high-volume low-pressure or electrostatic spray 
guns.
    For the methods required by the proposed rule, a source may apply 
to EPA for permission to use alternative test methods or alternative 
monitoring requirements in place of any required testing methods, 
performance specifications, or procedures under section 63.7(f) and 
section 63.8(f) of subpart A of the General Provisions. EPA welcomes 
comments on this aspect of the proposed rulemaking and, specifically, 
invites the public to identify potentially-applicable voluntary 
consensus standards and to explain why such standards should be used in 
regulation.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income populations. The proposed rule establishes national standards 
for air quality that apply equally to all affected sources, whether or 
not they are located in or near minority or low-income populations. 
Hence there are no requirements in this proposal that would 
disproportionately affect these populations.

List of Subjects in 40 CFR Part 63

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

    Dated: September 6, 2007.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be 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.

Subpart A--[Amended]

    2. Part 63 is amended by adding subpart HHHHHH consisting of 
Sec. Sec.  63.11169 through 63.11180 and table 1 to read as follows:
Subpart HHHHHH--National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources

What This Subpart Covers

Sec.
63.11169 What is the purpose of this subpart?
63.11170 Am I subject to this subpart?
63.11171 What operations does this subpart cover?

General Compliance Requirements

63.11172 When do I have to comply with this subpart?
63.11173 What are my general requirements for complying with this 
subpart?
63.11174 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.11175 What notifications must I submit?
63.11176 What reports must I submit?
63.11177 What records must I keep?
63.11178 In what form and for how long must I keep my records?

Other Requirements and Information

63.11179 Who implements and enforces this subpart?
63.11180 What definitions do I need to know?

Tables to Subpart PPPP of Part 63

Table 1 to Subpart HHHHHH of Part 63--Paint Stripping Alternative 
Stripping Requirements

Table 2 to Subpart HHHHHH of Part 63--Applicability of General 
Provisions to Subpart HHHHHH of Part 63

Subpart HHHHHH--National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources

What This Subpart Covers


Sec.  63.11169  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants for paint stripping operations at area sources that 
involve the use of paint strippers (chemical formulations) that contain 
methylene chloride (MeCl) in paint removal processes, and/or 
miscellaneous surface coating operations at area sources. This subpart 
also establishes requirements to demonstrate initial and continuous 
compliance with the management practice standards contained herein.


Sec.  63.11170  Am I subject to this subpart?

    (a) You are subject to this subpart if your facility is an area 
source of hazardous air pollutants (HAP) as defined in paragraph (c) of 
this section, including sources that are part of a tribal, local, 
State, or Federal facility and you:
    (1) Perform paint stripping operations using a paint stripper 
containing MeCl, and/or
    (2) Perform miscellaneous surface coating operations (including 
autobody refinishing).
    (b) Paint stripping means the removal of dried coatings from wood, 
metal, plastic, and other substrates. Miscellaneous surface coating is 
the application of a coating to a substrate

[[Page 52977]]

using, for example, spray guns, brushes, or rollers. When application 
of coating to a substrate occurs, then miscellaneous surface coating 
operations also include associated activities, such as surface prep, 
cleaning, mixing, and storage.
    (c) An area source of HAP is a source of HAP that is not a major 
source of HAP, is not located at a major source, and is not part of a 
major source of HAP emissions. A major source of HAP is any stationary 
source or group of stationary sources located within a contiguous area 
and under common control that emits or has the potential to emit 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.
    (d) This subpart does not apply to paint stripping or surface 
coating operations that meet any of the criteria of paragraphs (d)(1) 
through (2) of this section.
    (1) Paint stripping or surface coating performed on-site at 
installations owned or operated by the Armed Forces of the United 
States (including the Coast Guard and the National Guard of any such 
State), or the National Aeronautics and Space Administration.
    (2) Paint stripping or surface coating of military munitions 
manufactured by or for the Armed Forces of the United States (including 
the Coast Guard and the National Guard of any such State) or equipment 
directly and exclusively used for the purposes of transporting military 
munitions as defined in Sec.  63.11180.
    (e) If you are an owner or operator of an area source subject to 
this subpart, you are exempt from the obligation to obtain a permit 
under 40 CFR part 70 or 71, provided you are not required to obtain a 
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your 
status as an area source under this subpart. Notwithstanding the 
previous sentence, you must continue to comply with the provisions of 
this subpart applicable to area sources.


Sec.  63.11171  What operations does this subpart cover?

    (a) This subpart applies to each new and existing affected area 
source engaged in the activities listed in paragraphs (a)(1) through 
(3) of this section:
    (1) All paint stripping that involves the use of a paint stripper 
that contains MeCl;
    (2) Surface coating of miscellaneous parts and/or products made of 
metal or plastic, or combinations of metal and plastic; and
    (3) Finishing and refinishing of motor vehicles and mobile 
equipment.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (6) of this section. Not all 
affected sources will have all of the items listed in paragraphs (b)(1) 
through (6) of this section.
    (1) Mixing rooms and equipment;
    (2) Spray booths, ventilated prep stations, curing ovens, and 
associated equipment;
    (3) Spray guns and associated equipment;
    (4) Spray gun cleaning equipment;
    (5) Equipment used for storage, handling, recovery, or recycling of 
cleaning solvent or waste paint; and
    (6) Equipment used for paint stripping at paint stripping 
facilities using paint strippers containing MeCl.
    (c) An affected source is a new source if it meets the criteria in 
paragraphs (c)(1) and (c)(2) of this section.
    (1) You commenced the construction of the source after September 
17, 2007 by installing new paint stripping or surface coating 
equipment. If you purchase and install paint stripping equipment, spray 
booths, enclosed spray gun cleaners, or purchase new spray guns to 
comply with this subpart at an existing source, these actions would not 
make your existing source a new source.
    (2) The new paint stripping or surface coating equipment is used at 
a source that was not actively engaged in paint stripping and/or 
miscellaneous surface coating prior to September 17, 2007.
    (d) An affected source is reconstructed if it meets the definition 
of reconstruction in Sec.  63.2.
    (e) An affected source is an existing source if it is not a new 
source or a reconstructed source.

General Compliance Requirements


Sec.  63.11172  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source 
is specified in paragraphs (a) and (b) of this section.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is after September 17, 2007, the compliance date is [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register].
    (2) If the initial startup of your new or reconstructed affected 
source occurs after [DATE OF PUBLICATION OF THE FINAL RULE IN THE 
Federal Register], the compliance date is the date of initial startup 
of your affected source.
    (b) For an existing affected source, the compliance date is the 
date 2 years after [DATE OF PUBLICATION OF THE FINAL RULE IN THE 
Federal Register].


Sec.  63.11173  What are my general requirements for complying with 
this subpart?

    (a) Each paint stripping operation that is an affected area source 
must implement management practices to minimize the evaporative 
emissions of MeCl. The management practices must address, at a minimum, 
the practices in paragraphs (a)(1) through (6) of this section, as 
applicable, for your operations.
    (1) Evaluate each application to ensure there is a need for paint 
stripping (e.g., evaluate whether it is possible to re-coat the piece 
without removing the existing coating).
    (2) Evaluate each application where a paint stripper containing 
MeCl is used to ensure that there is no alternative paint stripping 
technology that can be used.
    (3) Reduce exposure of all paint strippers containing MeCl to the 
air (e.g., use of a water layer or hollow plastic spheres to cover the 
stripper in an immersion tank).
    (4) Optimize application conditions when using paint strippers 
containing MeCl to reduce MeCl evaporation (e.g., if the stripper must 
be heated, make sure that the temperature is kept as low as possible to 
reduce evaporation).
    (5) Practice proper storage and disposal of paint strippers 
containing MeCl (e.g., store stripper in closed, air-tight containers).
    (b) Each paint stripping operation with annual usage of 150 gallons 
or more of paint strippers containing MeCl must develop and implement a 
written MeCl minimization plan to minimize the use and emissions of 
MeCl. The MeCl minimization plan must address, at a minimum, the 
management practices specified in paragraphs (a)(1) through (5) of this 
section, as applicable, for your operations. Each operation must post a 
placard or sign outlining the MeCl minimization plan in each area where 
paint stripping operations subject to this subpart occur.
    (c) Each paint stripping operation must maintain copies of annual 
usage of paint strippers containing MeCl on-site at all times.
    (d) Each paint stripping operation with annual usage of 150 gallons 
or more of paint strippers containing MeCl must maintain a copy of 
their current

[[Page 52978]]

MeCl minimization plan on-site at all times.
    (e) Each miscellaneous surface coating operation must meet the 
requirements in paragraphs (e)(1) through (e)(5) of this section.
    (1) All painters must be certified that they have completed 
training in the proper spray application of surface coatings and the 
proper setup and maintenance of spray equipment. The minimum 
requirements for training and certification are described in paragraph 
(f) of this section. The spray application of surface coatings is 
prohibited by persons who are not certified as having completed the 
training described in paragraph (f) of this section. The requirements 
of this paragraph do not apply to the students of an accredited surface 
coating training program who are under the direct supervision of an 
instructor who meets the requirements of this paragraph.
    (2) All spray-applied coatings must be applied in a spray booth or 
preparation station that meets the requirements of paragraph (e)(2)(i) 
of this section and either paragraph (e)(2)(ii) or (e)(2)(iii) of this 
section.
    (i) All spray booths and preparation stations must be fitted with 
polyester fiber or fiberglass particle filters on the exhaust, or must 
be fitted with a type of filter technology that is demonstrated to 
achieve at least 98-percent capture of paint overspray. The procedure 
used to demonstrate filter efficiency must be consistent with the 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers Method 52.1, ``Gravimetric and Dust-Spot Procedures for 
Testing Air-Cleaning Devices Used in General Ventilation for Removing 
Particulate Matter, June 4, 1992.''
    (ii) Spray booths and preparation stations used to refinish 
complete motor vehicles or mobile equipment must be fully enclosed with 
a full roof, and four complete walls or complete side curtains, and 
must be ventilated at negative pressure so that air is drawn into any 
openings in the booth walls or preparation station curtains.
    (iii) Spray booths and preparation stations that are used to coat 
miscellaneous parts and products or vehicle subassemblies must have a 
full roof, at least three complete walls or complete side curtains, and 
must be ventilated so that air is drawn into the booth.
    (3) All spray-applied coatings must be applied with a high-volume, 
low-pressure (HVLP) spray gun, electrostatic application, or an 
equivalent technology that is demonstrated by the spray gun 
manufacturer to achieve comparable transfer efficiency, and for which 
written approval has been obtained from the Administrator. The 
procedure used to demonstrate that spray gun transfer efficiency is 
equivalent to that of an HVLP spray gun must be equivalent to the 
California South Coast Air Quality Management District's ``Spray 
Equipment Transfer Efficiency Test Procedure for Equipment User, May 
24, 1989'' and ``Guidelines for Demonstrating Equivalency with District 
Approved Transfer Efficient Spray Guns, September 26, 2002.''
    (4) All paint spray gun cleaning must be done with either non-HAP 
gun cleaning solvents, or with a fully enclosed spray gun cleaner. Hand 
cleaning of parts of the disassembled gun, such as the air cap, with 
HAP-containing solvent is permitted. Spraying of atomized or non-
atomized HAP-containing cleaning solvent through the gun outside of the 
enclosed portion of the gun cleaner, or when the gun cleaner is opened, 
is prohibited.
    (5) As provided in Sec.  63.6(g), we, the U.S. Environmental 
Protection Agency, may choose to grant you permission to use an 
alternative to the management practice standards in this section after 
you have requested approval to do so according to Sec.  63.6(g)(2).
    (f) Each owner or operator of an affected miscellaneous surface 
coating source must ensure and certify that all new and existing 
personnel, including contract personnel, who spray apply surface 
coatings are trained in the proper application of surface coatings as 
required by paragraph(e)(1) of this section. The training program must 
include, at a minimum, the items listed in paragraphs (f)(1) to (f)(3) 
of this section.
    (1) A list of all current personnel by name and job description who 
are required to be trained;
    (2) Hands-on and classroom instruction that addresses, at a 
minimum, initial and refresher training in the topics listed in 
paragraphs (f)(2)(i) through (2)(viii) of this section.
    (i) Surface prep.
    (ii) Spray gun set up and operation and spray technique for 
different types of coatings to improve transfer efficiency and minimize 
coating usage and overspray.
    (iii) Routine spray booth and filter maintenance.
    (iv) Paint mixing, matching, and applying.
    (v) Solving paint application problems.
    (vi) Finish defects causes and cures.
    (vii) Safety precautions.
    (viii) Environmental compliance.
    (3) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate, document, and provide 
certification of successful completion of the required training.
    (g) As required by paragraph (e)(1) of this section, all new and 
existing personnel at an affected miscellaneous surface coating source, 
including contract personnel, who spray apply surface coatings must be 
trained by the dates specified in paragraphs (g)(1) and (2).
    (1) If your source is a new source, all personnel must be trained 
and certified no later than 60 days after hiring or no later than 60 
days after [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register], whichever is later. Painter training that was completed 
within 5 years prior to the date training is required, and that meets 
the requirements specified in paragraph (f)(2) of this section 
satisfies this requirement and is valid for a period not to exceed 5 
years after the date the training is completed.
    (2) If your source is an existing source, all personnel must be 
trained and certified no later than the compliance date specified in 
Sec.  63.11172(b). Painter training that was completed within 5 years 
prior to the date training is required, and that meets the requirements 
specified in paragraph (f)(2) of this section satisfies this 
requirement and is valid for a period not to exceed 5 years after the 
date the training is completed.
    (3) Training and certification will be valid for a period not to 
exceed 5 years after the date the training is completed, and all 
personnel must receive refresher training that meets the requirements 
of this section and be re-certified every 5 years.


Sec.  63.11174  What parts of the General Provisions apply to me?

    Table 1 of this subpart shows which parts of the General Provisions 
in subpart A of this part apply to you.

Notifications, Reports, and Records


Sec.  63.11175  What notifications must I submit?

    (a) Initial Notification. If you are the owner or operator of a 
paint stripping operation using paint strippers containing MeCl and/or 
a miscellaneous surface coating operation, you must submit the Initial 
Notification required by Sec.  63.9(b) for a new affected source no 
later than 120 days after initial startup or [DATE 120 DAYS AFTER THE 
DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], 
whichever is later. For an existing affected source, you must submit 
the Initial Notification no later than [DATE

[[Page 52979]]

1 YEAR AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register]. Your Initial Notification must provide the information 
specified in paragraphs (a)(1) through (6) of this section.
    (1) The name, address, phone number and e-mail address of the owner 
and operator;
    (2) The address (physical location) of the affected source;
    (3) An identification of the relevant standard (i.e., this 
subpart);
    (4) A brief description of the type of operation. For example:
    (i) For miscellaneous parts and products, identify whether the 
substrate is metal, plastic, or a combination of metal and plastic, 
brief characterization of the types of products (e.g., aerospace 
components, sports equipment, etc.) number of spray booths, and number 
of painters usually employed at the operation; and
    (ii) For motor vehicle or mobile equipment finishing or 
refinishing, identify the type of operation (e.g., original equipment 
manufacturer, collision repair facility, production paint shop 
performing complete paint jobs, automobile restoration or customizing 
shop, mobile equipment repair and refinishing operation), number of 
spray booths, number of preparation stations, and number of painters 
usually employed at the operation.
    (5) If a paint stripping operation uses 150 gallons of paint 
strippers containing MeCl they must submit a written MeCl minimization 
plan in accordance with Sec.  63.11173(b).
    (6) If a paint stripping operation uses less than 150 gallons of 
paint strippers containing MeCl and chooses not to develop and 
implement a written MeCl minimization plan in accordance with Sec.  
63.11173(b), you must submit a statement signed by a responsible 
official that certifies the paint stripping operation will not use more 
than 150 gallons of paint strippers containing MeCl during any calendar 
year in the future.
    (b) Notification of Compliance Status. If you are the owner or 
operator of an existing affected paint stripping source that annually 
uses more than 150 gallons of paint strippers containing MeCl or an 
existing affected coating source, you must submit a Notification of 
Compliance Status on or before [DATE 2 YEARS AND 60 DAYS AFTER 
PUBLICATION OF FINAL RULE IN THE Federal Register]. If you are the 
owner or operator of a new affected paint stripping source that 
annually uses more than 150 gallons of paint strippers containing MeCl 
or a new affected coating source, you must submit a Notification of 
Compliance Status within 120 days after initial startup, or by [DATE 
120 DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register], whichever is later. You are required to submit the 
information specified in paragraphs (b)(1) through (3) of this section 
with your Notification of Compliance Status:
    (1) Your company's name and address.
    (2) A statement by a responsible official with that official's 
name, title, phone number, e-mail address and signature, certifying the 
truth, accuracy, and completeness of the notification and a statement 
of whether the source has complied with all the relevant standards and 
other requirements of this subpart.
    (3) The date of the Notification of Compliance Status.
    (4) For each paint stripping affected source, you must include also 
the method(s) of paint stripping employed and the annual usage of paint 
strippers containing MeCl for each of the previous 5 calendar years.


Sec.  63.11176  What reports must I submit?

    (a) Annual Compliance Report. If you are the owner or operator of 
an affected paint stripping source that annually uses more than 150 
gallons of paint strippers containing MeCl or an affected miscellaneous 
surface coating source, you are required to submit an Annual Compliance 
Report to the Administrator containing the information specified in 
paragraphs (a)(1) through (4) of this section. The annual compliance 
report must cover each calendar year, beginning with the remainder of 
the calendar year after the initial compliance date for your source.
    (1) Your company's name and address.
    (2) A statement by a responsible official with that official's 
name, title, phone number, e-mail address and signature, certifying the 
truth, accuracy, and completeness of the report, and certifying whether 
the source is in compliance with the paint stripping and miscellaneous 
surface coating standards. If the source is not in compliance, include 
a description of the deviations from the requirements in Sec. Sec.  
63.11173, 63.11174, 63.11177, and 63.11178, the time periods during 
which the deviations occurred, and the corrective actions taken.
    (3) Date of report.
    (4) If your source includes paint stripping operations, include 
also the method(s) of paint stripping employed at the facility during 
the period and annual usage of paint strippers containing MeCl for 
paint stripping.
    (b) You must submit the annual compliance report for each calendar 
year no later than March 1 of the following calendar year.
    (c) If you are operating under a Title V permit, certification of 
compliance under your permit is sufficient to meet the Annual 
Compliance Report requirement.


Sec.  63.11177  What records must I keep?

    If you are the owner or operator of a miscellaneous surface coating 
operation, you must keep the records specified in paragraphs (a) 
through (d) and (g) of this section. If you are the owner or operator 
of a paint stripping operation, you must keep the records specified in 
paragraphs (e) through (g) of this section.
    (a) Certification that each painter has completed the training 
specified in Sec.  63.11173(f) with the date the initial training and 
the most recent refresher training was completed.
    (b) Documentation of the filter efficiency of any spray booth 
exhaust filter material that is not a polyester fiber or fiberglass 
filter, according to the procedure in Sec.  63.11173(e)(3)(i).
    (c) Documentation from the spray gun manufacturer that each spray 
gun that does not meet the definition of an HVLP spray gun, 
electrostatic application, or air brush has been determined by the 
Administrator to achieve a transfer efficiency equivalent to that of an 
HVLP spray gun, according to the procedure in Sec.  63.11173(e)(4).
    (d) Copies of any notification submitted as required by Sec.  
63.11175 and copies of any report submitted as required by Sec.  
63.11176.
    (e) Records of paint strippers containing MeCl used for paint 
stripping operations at your facility, including the MeCl content of 
the paint stripper used. Documentation needs to be sufficient to verify 
annual usage of paint strippers containing MeCl (e.g., material safety 
data sheets or other documentation provided by the manufacturer or 
supplier of the paint stripper, purchase receipts, records of paint 
stripper usage, engineering calculations).
    (f) If you are a paint stripping source that annually uses more 
than 150 gallons of paint strippers containing MeCl, you are required 
to maintain a record of your current MeCl minimization plan on-site for 
the duration of your facility's operations.
    (g) Records of any deviation from the requirements in Sec. Sec.  
63.11173, 63.11174, 63.11175, or 63.11176. These records must include 
the date and time period of the deviation, and a description of the

[[Page 52980]]

nature of the deviation and the actions taken to correct the deviation.


Sec.  63.11178  In what form and for how long must I keep my records?

    If you are the owner or operator of an affected source, you must 
maintain copies of the records specified in Sec.  63.11177 for a period 
of at least 5 years after the date of each record. Copies of records 
must be kept on site and in a printed or electronic form that is 
readily accessible for inspection for at least the first 2 years after 
their date, and may be kept off-site after that 2-year period.

Other Requirements and Information


Sec.  63.11179  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the Administrator has delegated 
authority to your State, local, or tribal agency, then that agency (as 
well as the EPA) has the authority to implement and enforce this 
subpart. You should contact your 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 a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authority in Sec.  63.11173(d)(3) and (e)(6) will not be 
delegated to State, local, or tribal agencies.


Sec.  63.11180  What definitions do I need to know?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, and in this section as follows:
    Additive means a material that is added to a coating after purchase 
from a supplier (e.g., catalysts, activators, accelerators).
    Air brush means a hand-held air-atomized spray gun intended for 
spot repair and graphic arts work with a paint cup capacity of no more 
than 1.0 fluid ounce (30 cc).
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, or oil, from a substrate before 
or after coating application or from equipment associated with a 
coating operation, such as spray booths, spray guns, racks, tanks, and 
hangers. Thus, it includes any cleaning material used on substrates or 
equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, and maskants. Decorative, 
protective, or functional materials that consist only of protective 
oils for metal, acids, bases, or any combination of these substances, 
or paper film or plastic film which may be pre-coated with an adhesive 
by the film manufacturer, are not considered coatings for the purposes 
of this subpart.
    Compliance date means the date by which you must comply with this 
subpart.
    Dry media blasting means abrasive blasting using dry media. Dry 
media blasting relies on impact and abrasion to remove paint from a 
substrate. Typically, a compressed air stream is used to propel the 
media against the coated surface.
    Electrostatic application means any method of coating application 
where an electrostatic attraction is created between the part to be 
coated and the atomized paint particles.
    Equipment cleaning means the use of an organic solvent to remove 
coating residue from the surfaces of paint spray guns and other 
painting related equipment, including, but not limited to stir sticks, 
paint cups, brushes, and spray booths.
    High-volume, low-pressure (HVLP) spray equipment means spray 
equipment that is permanently labeled as such and used to apply any 
coating by means of a spray gun which is designed and operated between 
0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure 
measured dynamically at the center of the air cap and at the air horns.
    Initial startup means the first time equipment is brought online in 
a paint stripping or surface coating operation, and paint stripping or 
surface coating is first performed.
    Materials that contain HAP or HAP-containing materials mean, for 
the purposes of this subpart, materials that contain 0.1 percent or 
more by mass of any individual HAP that is an OSHA-defined carcinogen 
as specified in 29 CFR 1910.1200(d)(4), or 1.0 percent or more by mass 
for any other individual HAP.
    Military munitions means all ammunition products and components 
produced or used by or for the U.S. Department of Defense (DoD) or for 
the U.S. Armed Services for national defense and security, including 
military munitions under the control of the Department of Defense, the 
U.S. Coast Guard, the National Nuclear Security Administration (NNSA), 
U.S. Department of Energy (DOE), and National Guard personnel. The term 
military munitions includes: confined gaseous, liquid, and solid 
propellants, explosives, pyrotechnics, chemical and riot control 
agents, smokes, and incendiaries used by DoD components, including bulk 
explosives and chemical warfare agents, chemical munitions, biological 
weapons, rockets, guided and ballistic missiles, bombs, warheads, 
mortar rounds, artillery ammunition, small arms ammunition, grenades, 
mines, torpedoes, depth charges, cluster munitions and dispensers, 
demolition charges, nonnuclear components of nuclear weapons, wholly 
inert ammunition products, and all devices and components of any items 
listed in this definition.
    Miscellaneous parts and/or products means any part or product made 
of metal or plastic, or combinations of metal and plastic. 
Miscellaneous parts and/or products include, but are not limited to, 
metal and plastic components of the following types of products as well 
as the products themselves: Motor vehicle parts and accessories for 
automobiles, trucks, recreational vehicles; automobiles and light duty 
trucks at automobile and light duty truck assembly plants; boats; 
sporting and recreational goods; toys; business machines; laboratory 
and medical equipment; and household and other consumer products.
    Miscellaneous surface coating operation means the collection of 
equipment used to apply surface coating to miscellaneous parts and/or 
products or to finish or refinish motor vehicles or mobile equipment 
including applying cleaning solvents to prepare the surface before 
coating application, mixing coatings before application, applying 
coating to a surface, drying or curing the coating after application, 
and cleaning coating application equipment, but not plating. A single 
surface coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating 
material is applied to a given part. A surface coating operation 
includes all other steps (such as surface preparation with solvent and 
equipment cleaning) in the affected source where HAP are emitted from 
the coating of a part. The use of solvent to clean parts (for example, 
to remove grease during a mechanical repair) does not constitute a 
miscellaneous surface coating operation if no coatings are applied. A 
single affected source may have multiple surface coating operations. 
Coating application with air brush, non-refillable handheld aerosol 
cans, touch-up markers, or marking pens is not a

[[Page 52981]]

miscellaneous surface coating operation for the purposes of this 
subpart.
    Mobile equipment means any device that may be drawn and/or driven 
on a roadway including, but not limited to, heavy-duty trucks, truck 
trailers, fleet delivery trucks, buses, mobile cranes, bulldozers, 
street cleaners, agriculture equipment, motor homes, and other 
recreational vehicles (including camping trailers and fifth wheels).
    Motor vehicle means any self-propelled vehicle, including, but not 
limited to, automobiles, light duty trucks, golf carts, vans, and 
motorcycles.
    Non-HAP solvent means, for the purposes of this subpart, a solvent 
(including thinners and cleaning solvents) that contain less than 0.1 
percent by mass of any individual HAP that is an OSHA-defined 
carcinogen as specified in 29 CFR 1910.1200(d)(4) and less than 1.0 
percent by mass for any other individual HAP.
    Paint stripping and/or miscellaneous surface coating source or 
facility means any shop, business, location, or parcel of land where 
paint stripping or miscellaneous surface coating operations are 
conducted.
    Paint stripping means the removal of dried coatings from wood, 
metal, plastic, and other substrates. A single affected source may have 
multiple paint stripping operations.
    Painter means any facility personnel who apply coating materials.
    Plastic refers to substrates containing one or more resins and may 
be solid, porous, flexible, or rigid.
    Protective oil means organic material that is applied to metal for 
the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Solvent means a fluid containing organic compounds used to perform 
paint stripping, surface prep, or cleaning of surface coating 
equipment.
    Spot repair means the repair of the finish on motor vehicles, 
mobile equipment, or associated parts or components that is less than 1 
square foot in area.
    Surface preparation or Surface prep means use of a cleaning 
material on a portion of or all of a substrate prior to the application 
of a coating.
    Transfer efficiency means the amount of coating solids adhering to 
the object being coated divided by the total amount of coating solids 
sprayed, expressed as a percentage. Coating solids means the 
nonvolatile portion of the coating that makes up the dry film.
    Truck bed liner coating means any coating, excluding color coats, 
labeled and formulated for application to a truck bed to protect it 
from surface abrasion.

     Table 1 to Subpart HHHHHH of Part 63.--Applicability of General Provisions to Subpart HHHHHH of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                Applicable to Subpart
             Citation                         Subject                   HHHHHH                Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12)............  General Applicability.....  Yes..................
Sec.   63.1(b)(1)-(3).............  Initial Applicability       Yes..................  Applicability of subpart
                                     Determination.                                     HHHHHH is also specified
                                                                                        in Sec.   63.11170.
Sec.   63.1(c)(1).................  Applicability After         Yes..................
                                     Standard Established.
Sec.   63.1(c)(2).................  Applicability of Permit     Yes..................  Sec.   63.11170(e) of
                                     Program for Area Sources.                          Subpart HHHHHH exempts
                                                                                        area sources from the
                                                                                        obligation to obtain
                                                                                        Title V operating
                                                                                        permits.
Sec.   63.1(c)(5).................  Notifications.............  Yes..................
Sec.   63.1(e)....................  Applicability of Permit     No...................  Sec.   63.11170(e) of
                                     Program to Major Sources                           Subpart HHHHHH exempts
                                     Before Relevant Standard                           area sources from the
                                     is Set.                                            obligation to obtain
                                                                                        Title V operating
                                                                                        permits.
Sec.   63.2.......................  Definitions...............  Yes..................  Additional definitions
                                                                                        are specified in Sec.
                                                                                        63.11180.
Sec.   63.3(a)-(c)................  Units and Abbreviations...  Yes..................
Sec.   63.4(a)(1)-(5).............  Prohibited Activities.....  Yes..................
Sec.   63.4(b)-(c)................  Circumvention/              Yes..................
                                     Fragmentation.
Sec.   63.5.......................  Construction/               No...................  Subpart HHHHHH applies
                                     Reconstruction of major                            only to area sources.
                                     sources.
Sec.   63.6(a)....................  Compliance With Standards   Yes..................
                                     and Maintenance
                                     Requirements--Applicabili
                                     ty.
Sec.   63.6(b)(1)-(7).............  Compliance Dates for New    Yes..................  Sec.   63.11172 specifies
                                     and Reconstructed Sources.                         the compliance dates.
Sec.   63.6(c)(1)-(5).............  Compliance Dates for        Yes..................  Sec.   63.11172 specifies
                                     Existing Sources.                                  the compliance dates.
Sec.   63.6(e)(1)-(2).............  Operation and Maintenance.  Yes..................
Sec.   63.6(e)(3).................  Startup, Shutdown, and      No...................  No startup, shutdown, and
                                     Malfunction Plan.                                  malfunction plan is
                                                                                        required by subpart
                                                                                        HHHHHH.
Sec.   63.6(f)(1).................  Compliance Except During    Yes..................
                                     Startup, Shutdown, and
                                     Malfunction.
Sec.   63.6(f)(2)-(3).............  Methods for Determining     Yes..................
                                     Compliance.
Sec.   63.6(g)(1)-(3).............  Use of an Alternative       Yes..................
                                     Standard.
Sec.   63.6(h)....................  Compliance With Opacity/    No...................  Subpart HHHHHH does not
                                     Visible Emission                                   establish opacity or
                                     Standards.                                         visible emission
                                                                                        standards.
Sec.   63.6(i)(1)-(16)............  Extension of Compliance...  Yes..................
Sec.   63.6(j)....................  Presidential Compliance     Yes..................
                                     Exemption.
Sec.   63.7.......................  Performance Testing         No...................  No performance testing is
                                     Requirements.                                      required by subpart
                                                                                        HHHHHH.
Sec.   63.8.......................  Monitoring Requirements...  No...................  Subpart HHHHHH does not
                                                                                        require the use of
                                                                                        continuous monitoring
                                                                                        systems.
Sec.   63.9(a)-(d)................  Notification Requirements.  Yes..................  Sec.   63.11175 specifies
                                                                                        notification
                                                                                        requirements.

[[Page 52982]]


Sec.   63.9(e)....................  Notification of             No...................  Subpart HHHHHH does not
                                     Performance Test.                                  require performance
                                                                                        tests.
Sec.   63.9(f)....................  Notification of Visible     No...................  Subpart HHHHHH does not
                                     Emissions/Opacity Test.                            have opacity or visible
                                                                                        emission standards.
Sec.   63.9(g)....................  Additional Notifications    No...................  Subpart HHHHHH does not
                                     When Using CMS.                                    require the use of
                                                                                        continuous monitoring
                                                                                        systems.
Sec.   63.9(h)....................  Notification of Compliance  No...................  Sec.   63.11175 specifies
                                     Status.                                            the dates and required
                                                                                        content for submitting
                                                                                        the notification of
                                                                                        compliance status.
Sec.   63.9(i)....................  Adjustment of Submittal     Yes..................
                                     Deadlines.
Sec.   63.9(j)....................  Change in Previous          Yes..................
                                     Information.
Sec.   63.10(a)...................  Recordkeeping/Reporting--   Yes..................
                                     Applicability and General
                                     Information.
Sec.   63.10(b)(1)................  General Recordkeeping       Yes..................  Additional requirements
                                     Requirements.                                      are specified in Sec.
                                                                                        63.11177.
Sec.   63.10(b)(2)(i)-(xi)........  Recordkeeping Relevant to   No...................  Subpart HHHHHH does not
                                     Startup, Shutdown, and                             require startup,
                                     Malfunction Periods and                            shutdown, and
                                     CMS.                                               malfunction plans, or
                                                                                        CMS.
Sec.   63.10(b)(2)(xii)...........  Waiver of recordkeeping     Yes..................
                                     requirements.
Sec.   63.10(b)(2)(xiii)..........  Alternatives to the         No...................  Subpart HHHHHH does not
                                     relative accuracy test.                            require the use of CEMS.
Sec.   63.10(b)(2)(xiv)...........  Records supporting          Yes..................
                                     notifications.
Sec.   63.10(b)(3)................  Recordkeeping Requirements  Yes..................
                                     for Applicability
                                     Determinations.
Sec.   63.10(c)...................  Additional Recordkeeping    No...................  Subpart HHHHHH does not
                                     Requirements for Sources                           require the use of CMS.
                                     with CMS.
Sec.   63.10(d)(1)................  General Reporting           Yes..................  Additional requirements
                                     Requirements.                                      are specified in Sec.
                                                                                        63.11176.
Sec.   63.10(d)(2)-(3)............  Report of Performance Test  No...................  Subpart HHHHHH does not
                                     Results, and Opacity or                            require performance
                                     Visible Emissions                                  tests, or opacity or
                                     Observations.                                      visible emissions
                                                                                        observations.
Sec.   63.10(d)(4)................  Progress Reports for        Yes..................
                                     Sources With Compliance
                                     Extensions.
Sec.   63.10(d)(5)................  Startup, Shutdown, and      No...................  Subpart HHHHHH does not
                                     Malfunction Reports.                               require startup,
                                                                                        shutdown, and
                                                                                        malfunction reports.
Sec.   63.10(e)...................  Additional Reporting        No...................  Subpart HHHHHH does not
                                     requirements for Sources                           require the use of CMS.
                                     with CMS.
Sec.   63.10(f)...................  Recordkeeping/Reporting     Yes..................
                                     Waiver.
Sec.   63.11......................  Control Device              No...................  Subpart HHHHHH does not
                                     Requirements/Flares.                               require the use of
                                                                                        flares.
Sec.   63.12......................  State Authority and         Yes..................
                                     Delegations.
Sec.   63.13......................  Addresses of State Air      Yes..................
                                     Pollution Control
                                     Agencies and EPA Regional
                                     Offices.
Sec.   63.14......................  Incorporation by Reference  Yes..................  Test methods for
                                                                                        measuring paint booth
                                                                                        filter efficiency and
                                                                                        spray gun transfer
                                                                                        efficiency in Sec.
                                                                                        63.11173(e)(2) and (4)
                                                                                        are incorporated and
                                                                                        included in Sec.
                                                                                        63.14.
Sec.   63.15......................  Availability of             Yes..................
                                     Information/
                                     Confidentiality.
Sec.   63.16(a)...................  Performance Track           Yes..................
                                     Provisions--reduced
                                     reporting.
Sec.   63.16(b)-(c)...............  Performance Track           No...................  Subpart HHHHHH does not
                                     Provisions--reduced                                establish numerical
                                     reporting.                                         emission limits.
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[FR Doc. E7-17973 Filed 9-14-07; 8:45 am]

BILLING CODE 6560-50-P
