[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Proposed Rules]
[Pages 66130-66145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24203]



  Federal Register / Vol. 86, No. 221 / Friday, November 19, 2021 / 
Proposed Rules  

[[Page 66130]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2021-0016; FRL-8339-01-OAR]
RIN 2060-AV34


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing 
the results of the technology review conducted in accordance with the 
Clean Air Act (CAA) for the National Emissions Standards for Hazardous 
Air Pollutants (NESHAP) for Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources and proposing amendments to the 
NESHAP. The EPA is proposing no changes to the standards as a result of 
the technology review. The EPA is proposing to amend provisions 
regarding electronic reporting; make miscellaneous clarifying and 
technical corrections; simplify the petition for exemption process; and 
clarify requirements addressing emissions during periods of startup, 
shutdown, and malfunction (SSM).

DATES: Comments must be received on or before January 3, 2022. Under 
the Paperwork Reduction Act (PRA), comments on the information 
collection provisions are best assured of consideration if the Office 
of Management and Budget (OMB) receives a copy of your comments on or 
before December 20, 2021.
    Public hearing. If anyone contacts us requesting a public hearing 
on or before November 24, 2021, we will hold a virtual public hearing. 
See SUPPLEMENTARY INFORMATION for information on requesting and 
registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0016 for 40 Code of Federal Regulations (CFR) part 63, subpart 
HHHHHH, Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2021-0016 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2021-0016.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Docket ID No. EPA-HQ-OAR-2021-0016, Mail Code 28221T, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
    Instructions: All submissions received must include the applicable 
Docket ID No. for this rulemaking. Comments received may be posted 
without change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are open to the public by appointment only to reduce the 
risk of transmitting COVID-19. Our Docket Center staff also continues 
to provide remote customer service via email, phone, and webform. Hand 
deliveries and couriers may be received by scheduled appointment only. 
For further information on EPA Docket Center services and the current 
status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action contact Mr. John Feather, Sector Policies and Programs Division 
(D243-04), Office of Air Quality Planning and Standards, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-3052; fax number: (919) 541-4991; 
and email address: [email protected].

SUPPLEMENTARY INFORMATION: Participation in virtual public hearing. 
Please note that because of current Centers for Disease Control and 
Prevention (CDC) recommendations, as well as state and local orders for 
social distancing to limit the spread of COVID-19, the EPA cannot hold 
in-person public meetings at this time.
    To request a virtual public hearing, contact the public hearing 
team at (888) 372-8699 or by email at [email protected]. If 
requested, the virtual hearing will be held on December 6, 2021. The 
hearing will convene at 11:00 a.m. Eastern Time (ET) and will conclude 
at 9:00 p.m. ET. The EPA may close a session 15 minutes after the last 
pre-registered speaker has testified if there are no additional 
speakers. The EPA will announce further details at https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations.
    If a public hearing is requested, the EPA will begin pre-
registering speakers for the hearing upon publication of this document 
in the Federal Register. To register to speak at the virtual hearing, 
please use the online registration form available at https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations or contact the public hearing 
team at (888) 372-8699 or by email at [email protected]. The 
last day to pre-register to speak at the hearing will be December 1, 
2021. Prior to the hearing, the EPA will post a general agenda that 
will list pre-registered speakers in approximate order at: https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations.
    The EPA will make every effort to follow the schedule as closely as 
possible on the day of the hearing; however, please plan for the 
hearings to run either ahead of schedule or behind schedule.
    Each commenter will have 5 minutes to provide oral testimony. The 
EPA encourages commenters to provide the EPA with a copy of their oral 
testimony electronically (via email) by emailing it to 
[email protected]. The EPA also recommends submitting the text of 
your oral testimony as written comments to the rulemaking docket.
    The EPA may ask clarifying questions during the oral presentations 
but will not respond to the presentations at that time. Written 
statements and supporting information submitted during the comment 
period will be considered with the same weight as oral testimony and 
supporting information presented at the public hearing.

[[Page 66131]]

    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations. 
While the EPA expects the hearing to go forward as set forth above, 
please monitor our website or contact the public hearing team at (888) 
372-8699 or by email at [email protected] to determine if there 
are any updates. The EPA does not intend to publish a document in the 
Federal Register announcing updates.
    If you require the services of a translator or special 
accommodation such as audio description, please pre-register for the 
hearing with the public hearing team and describe your needs by 
November 26, 2021. The EPA may not be able to arrange accommodations 
without advanced notice.
    Docket. The EPA has established a docket for this rulemaking: 
Docket ID No. EPA-HQ-OAR-2021-0016. All documents in the docket are 
listed in https://www.regulations.gov. Although listed, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy. With the exception of such material, publicly available docket 
materials are available electronically in Regulations.gov.
    Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2021-0016. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov/, including any personal 
information provided, unless the comment includes information claimed 
to be CBI or other information whose disclosure is restricted by 
statute. Do not submit electronically any information that you consider 
to be CBI or other information whose disclosure is restricted by 
statute. This type of information should be submitted by mail as 
discussed below.
    The EPA may publish any comment received to its public docket. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the Web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov/ website allows you to submit your 
comment anonymously, which means the EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an email comment directly to the EPA without going through 
https://www.regulations.gov/, your email 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, the EPA recommends that you include your name and 
other contact information in the body of your comment and with any 
digital storage media you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should not include special characters or any form of encryption and be 
free of any defects or viruses. For additional information about the 
EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.
    Due to public health concerns related to COVID-19, the EPA Docket 
Center and Reading Room are open to the public by appointment only. Our 
Docket Center staff also continues to provide remote customer service 
via email, phone, and webform. Hand deliveries or couriers will be 
received by scheduled appointment only. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the CDC, local area health departments, and our Federal partners 
so that we can respond rapidly as conditions change regarding COVID-19.
    Submitting CBI. Do not submit information containing CBI to the EPA 
through https://www.regulations.gov/ or email. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media the specific information that is 
claimed as CBI. In addition to one complete version of the comments 
that includes information claimed as CBI, you must submit a copy of the 
comments that does not contain the information claimed as CBI directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media clearly that it does 
not contain CBI. Information not marked as CBI will be included in the 
public docket and the EPA's electronic public docket without prior 
notice. Information marked as CBI will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2. Send or deliver 
information identified as CBI only to the following address: OAQPS 
Document Control Officer (C404-02), OAQPS, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
Attention Docket ID No. EPA-HQ-OAR-2021-0016. Note that written 
comments containing CBI and submitted by mail may be delayed and no 
hand deliveries will be accepted.
    Preamble acronyms and abbreviations. Throughout this document 
wherever ``we,'' ``us,'' or ``our'' is used, it is intended to refer to 
the EPA. We use multiple acronyms and terms in this preamble. While 
this list may not be exhaustive, to ease the reading of this preamble 
and for reference purposes, the EPA defines the following terms and 
acronyms here:

ACA American Coatings Association
BACT best available control technology
CAA Clean Air Act
CBI Confidential Business Information
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations
ECHO Enforcement and Compliance History Online
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
GACT generally available control technology
HAP hazardous air pollutant(s)
HVLP high volume, low pressure
kg kilogram
km kilometer
LAER lowest achievable emission rate
MACT maximum achievable control technology
MeCL methylene chloride
NAICS North American Industry Classification System
NESHAP national emission standards for hazardous air pollutants
NSR New Source Review
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PDF portable document format
PRA Paperwork Reduction Act
PTE permanent total enclosure

[[Page 66132]]

RACT reasonably available control technology
RBLC RACT/BACT/LAER Clearinghouse
RFA Regulatory Flexibility Act
RTO regenerative thermal oxidizer
SSM startup, shutdown, and malfunction
tpy tons per year
UMRA Unfunded Mandates Reform Act
VOC volatile organic compounds

    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
II. Background
    A. What is the statutory authority for this action?
    B. What are the source categories and how does the current 
NESHAP regulate their HAP emissions?
    C. What data collection activities were conducted to support 
this action?
    D. What other relevant background information and data are 
available?
    E. How does the EPA perform the technology review?
III. Analytical Results and Proposed Decisions
    A. What are the results and proposed decisions based on our 
technology review, and what is the rationale for those decisions?
    B. What other actions are we proposing, and what is the 
rationale for those actions?
    C. What compliance dates are we proposing, and what is the 
rationale for the proposed compliance dates?
IV. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected sources?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
V. Request for Comments
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Table 1 of this preamble lists the NESHAP and associated regulated 
industrial source categories that are the subject of this proposal. 
Table 1 is not intended to be exhaustive, but rather provides a guide 
for readers regarding the entities that this proposed action is likely 
to affect. The proposed amendments to 40 CFR part 63, subpart HHHHHH, 
once promulgated, will be directly applicable to the affected sources. 
These three area source categories, Paint Stripping, Miscellaneous 
Surface Coating, and Motor Vehicle and Mobile Equipment Surface 
Coating, were listed as part of the Urban Air Toxics Strategy and 
include methylene chloride (MeCl)-containing paint stripping operations 
and certain surface coating operations located at area sources. The 
NESHAP's title of Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources refers to a single set of emission standards 
that addresses all three source categories. Paint stripping is often 
used as preparation for surface coating operations, so was included 
along with the other two source categories in this NESHAP but is 
treated separately within this NESHAP due to differences in practices 
and standards. The Miscellaneous Surface Coating and Motor Vehicle and 
Mobile Equipment Surface Coating source categories are subject to 
similar standards for the same HAP, so they are grouped together as 
``surface coating'' operations for most purposes within this action. 
However, as explained in this section and section II.B of this 
preamble, there are some differences in applicability and standards 
between the two source categories. 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) or more of any single HAP or 
25 tpy or more of any combination of HAP. Paint stripping operations 
are those that perform paint stripping using MeCl for the removal of 
dried paint (including, but not limited to, paint, enamel, varnish, 
shellac, and lacquer) from wood, metal, plastic, and other substrates 
at area sources as either (1) an independent activity where paint 
stripping is the principal activity at the source or (2) an activity 
incidental to the principal activity (e.g., surface coating, 
inspection, maintenance, etc.) at the source. Co-located paint 
stripping activities that use one ton or less per year are considered 
to be incidental to the principal activity and those using more than 
one ton to be performing paint stripping as a principal activity. Motor 
vehicle and mobile equipment surface coating operations are those that 
spray apply coatings at area sources to automobiles, light trucks, 
heavy duty trucks, buses, construction equipment, self-propelled 
vehicles and equipment that may be drawn and/or driven on a roadway. 
Miscellaneous surface coating operations are those that involve the 
spray application of coatings that contain compounds of chromium, lead, 
manganese, nickel, or cadmium, herein after referred to as target HAP, 
to miscellaneous parts and/or products made of metal or plastic, or 
combinations of metal and plastic. In general, the facilities and 
entities potentially affected by the proposed amendments to 40 CFR part 
63, subpart HHHHHH 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 amendments if they meet the applicability criteria.

               Table 1--NESHAP, Industrial and Government Sources Affected by This Proposed Action
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          NESHAP source category                     NAICS code                   Regulated entities \1\
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Aerospace Equipment.......................                        336413  Aircraft engines, aircraft parts,
                                                                  336414   aerospace ground equipment.
                                                                  336415
                                                                   54171

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Automobiles and Automobile Parts..........                        335312  Engine parts, vehicle parts and
                                                                  336111   accessories, brakes, axles, etc.
                                                                  336211   Motor vehicle body manufacturing and
                                                                  336310   automobile assembly plants. New and
                                                                           used car dealers. Automotive body,
                                                                           paint, and interior repair and
                                                                           maintenance.
                                                                   33632
                                                                   33633
                                                                   33634
                                                                   33637
                                                                  336390
                                                                  441110
                                                                  441120
                                                                  811121
Chemical Manufacturing and Product                                325110  Petrochemicals, Industrial Gases,
 Preparation.                                                     325120   Inorganic Dyes and Pigments, Basic
                                                                  325130   Inorganic and Organic Chemicals,
                                                                  325180   Cyclic Crude and Intermediates, Ethyl
                                                                           Alcohol, Miscellaneous Chemical
                                                                           Production and Preparation.
                                                                  325192
                                                                  325193
                                                                  325199
                                                                  325998
Extruded Aluminum.........................                        331318  Extruded aluminum, architectural
                                                                  331524   components, coils, rod, and tubes.
                                                                  332321
                                                                  332323
Government................................                Not Applicable  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 machinery.
                                                                  333611
                                                                  333618
Job Shops.................................                        332312  Manufacturing industries not elsewhere
                                                                  332722   classified (e.g., bezels, consoles,
                                                                           panels, lenses).
                                                                  332813
                                                                  332991
                                                                  332999
                                                                  334118
                                                                  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
                                                                           containers.
                                                                   81131
                                                                  322219
                                                                  331513
                                                                  332439
Metal Pipe and Foundry....................                        331110  Plate, tube, rods, nails, etc.
                                                                  331513
                                                                   33121
                                                                  331221
                                                                  331511
Rail Transportation.......................                         33651  Brakes, engines, freight cars,
                                                                           locomotives.
                                                                  482111
Recreational Vehicles and Other                                   321991  Mobile Homes. Motorcycles, motor
 Transportation Equipment.                                          3369   homes, semi-trailers, truck trailers.
                                                                  331318   Miscellaneous transportation related
                                                                           equipment and parts. Travel trailer
                                                                           and camper manufacturing.
                                                                  336991
                                                                  336211
                                                                  336112
                                                                  336212
                                                                  336213
                                                                  336214
                                                                  336390
                                                                  336999
                                                                   33635
                                                                   56121
                                                                    8111
                                                                   56211
Rubber-to-Metal Products..................                        326291  Engine mounts, rubberized tank tread,
                                                                  326299   harmonic balancers.

[[Page 66134]]

 
Structural Steel..........................                        332311  Joists, railway bridge sections,
                                                                  332312   highway bridge sections.
                                                                  562211
Waste Treatment, Disposal, and Materials                          562212  Hazardous Waste Treatment and
 Recovery.                                                        562213   Disposal, Solid Waste Landfill, Solid
                                                                  562219   Waste Combustors and Incinerators,
                                                                  562920   Other Nonhazardous Waste Treatment
                                                                           and Disposal, Materials Recovery.
Other Industrial and Commercial...........                        211130  Natural Gas Liquid Extraction.
                                                                  311942  Spices and Extracts.
                                                                  331313  Alumina Refining.
                                                                  337214  Office furniture, except wood.
                                                                  811420   Reupholstery and Furniture Repair.
                                                                  325211  Plastics Material Synthetic Resins,
                                                                           and Nonvulcanizable Elastomers.
                                                                  325510  Paint and Coating Manufacturing.
                                                            32614, 32615  Plastic foam products (e.g., 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).
                                                                  333316  Office machines.
                                                                   33422  Radio and television broadcasting and
                                                                           communications equipment (e.g.,
                                                                           cellular telephones).
                                                 339112, 339113, 339114,  Medical equipment and supplies.
                                                          339115, 339116
                                                                   33992  Sporting and athletic goods.
                                                                   33995  Signs and advertising specialties.
                                                          336611, 336612  Boat and ship building.
                                                                  713930  Marinas, including boat repair yards.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated entities means area source facilities that use MeCl to strip paint or apply surface coatings to
  these parts or products.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket for this action, an 
electronic copy of this proposed action is available on the internet. 
Following signature by the EPA Administrator, the EPA will post a copy 
of this proposed action at https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version of the proposal and key technical documents at 
this same website.
    The proposed changes to the CFR that would be necessary to 
incorporate the changes proposed in this action are set out in an 
attachment to the memorandum titled Proposed Regulation Edits for 40 
CFR part 63, subpart HHHHHH, available in the docket for this action 
(Docket ID No. EPA-HQ-OAR-2021-0016). The document includes the 
specific proposed amendatory language for revising the CFR and, for the 
convenience of interested parties, a redline version of the regulation. 
Following signature by the EPA Administrator, the EPA will also post a 
copy of this memorandum and the attachments to https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations.

II. Background

A. What is the statutory authority for this action?

    The statutory authority for this action is provided by sections 112 
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 
112(d)(6) requires the EPA to review standards promulgated under CAA 
section 112(d) and revise them ``as necessary (taking into account 
developments in practices, processes, and control technologies)'' no 
less often than every 8 years following promulgation of those 
standards. This is referred to as a ``technology review'' and is 
required for all standards established under CAA section 112(d) 
including generally available control technology (GACT) standards that 
apply to area sources.\1\ This action constitutes the 112(d)(6) 
technology review for the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources area source NESHAP.
    Several additional CAA sections are relevant to this action as they 
specifically address regulation of hazardous air pollutant emissions 
from area sources. Collectively, CAA sections 112(c)(3), (d)(5), and 
(k)(3) are the basis of the Area Source Program under the Urban Air 
Toxics Strategy, which provides the framework for regulation of area 
sources under CAA section 112.
    Section 112(k)(3)(B) of the CAA requires the EPA to identify at 
least 30 HAP that pose the greatest potential health threat in urban 
areas with a primary goal of achieving a 75-percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources. As 
discussed in the Integrated Urban Air Toxics Strategy (64 FR 38706, 
38715, July 19, 1999), the EPA identified 30 HAP emitted from area 
sources that pose the greatest potential health threat in urban areas, 
and these HAP are commonly referred to as the ``30 urban HAP.''
    Section 112(c)(3), in turn, requires the EPA to list sufficient 
categories or subcategories of area sources to ensure that area sources 
representing 90 percent of the emissions of the 30 urban HAP are 
subject to regulation. The EPA implemented these requirements through 
the Integrated Urban Air Toxics Strategy by identifying and setting 
standards for categories of area sources including the Paint Stripping 
and Miscellaneous Surface Coating Operations at Area Sources source 
categories that are addressed in this action.
    CAA section 112(d)(5) provides that for area source categories, in 
lieu of

[[Page 66135]]

setting maximum achievable control technology (MACT) standards (which 
are generally required for major source categories), the EPA may elect 
to promulgate standards or requirements for area sources ``which 
provide for the use of generally available control technology or 
management practices [GACT] by such sources to reduce emissions of 
hazardous air pollutants.'' In developing such standards, the EPA 
evaluates the control technologies and management practices that reduce 
HAP emissions that are generally available for each area source 
category. Consistent with the legislative history, we can consider 
costs and economic impacts in determining what constitutes GACT.
    GACT standards were set for the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources source categories in 2008. 
As noted above, this proposed action presents the required CAA 
112(d)(6) technology review for those source categories.

B. What are the source categories and how does the current NESHAP 
regulate their HAP emissions?

1. Source Category Descriptions
    The NESHAP for the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources source categories was promulgated on 
January 9, 2008 (73 FR 1738), and is codified at 40 CFR 63, subpart 
HHHHHH. Technical corrections were promulgated on February 13, 2008 (73 
FR 8408).
    The sources that are affected by 40 CFR part 63, subpart HHHHHH, 
and would be affected by the proposed amendments 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 motor vehicle or mobile equipment 
refinishing.
    The affected source is broadly defined to include all operations 
associated with the removal of dried paint from a substrate using MeCl 
or the spray application of coatings. These paint stripping 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. These surface 
coating operations include the 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.
    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 and mobile equipment refinishing.
    The NESHAP defines a ``coating'' as ``a material spray-applied to a 
substrate for decorative, protective, or functional purposes. For the 
purposes of this subpart, coating does not include the following 
materials: (1) Decorative, protective, or functional materials that 
consist only of protective oils for metal, acids, bases, or any 
combination of these substances. (2) Paper film or plastic film that 
may be pre-coated with an adhesive by the film manufacturer. (3) 
Adhesives, sealants, maskants, or caulking materials. (4) Temporary 
protective coatings, lubricants, or surface preparation materials. (5) 
In-mold coatings that are spray-applied in the manufacture of 
reinforced plastic composite parts.'' (40 CFR 63.11180).
    The NESHAP does not apply to paint stripping or surface coating 
operations that are specifically covered under another area source 
NESHAP, and does not apply to paint stripping or surface coating 
operations that 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), the National Aeronautics and Space Administration, or the 
National Nuclear Security Administration.
     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.
     Paint stripping or surface coating performed by 
individuals on their personal vehicles, possessions, or property, 
either as a hobby or for maintenance of their personal vehicles, 
possessions, or property. The NESHAP also does not apply when these 
operations are performed by individuals for others without 
compensation. An individual who spray applies surface coating to more 
than two motor vehicles or pieces of mobile equipment per year is 
subject to the requirements in this subpart that pertain to motor 
vehicle and mobile equipment surface coating regardless of whether 
compensation is received.
     Paint stripping or surface coating for research and 
laboratory activities, for quality control activities, or for 
activities that are covered under another area source NESHAP.
    Based on our search of the National Emission Inventory (NEI) 
(www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei) and the EPA's Enforcement and Compliance History Online (ECHO) 
database (echo.epa.gov), we estimate that at least 3,000 facilities are 
subject to the Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources NESHAP. A list of facilities subject to the 
NESHAP found in the ECHO database is included in a file, titled 
Facility List for Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources, which is available in the docket for this 
action. However, these data are not likely to be comprehensive for 
these source categories because not all states submit data to ECHO for 
smaller sources such as these. We also observed that some states with 
large populations did not have as many facilities in the ECHO database 
as expected based on population, indicating inconsistent reporting of 
these facilities among states.
2. HAP Emission Sources
    This section describes the emission sources for paint stripping and 
miscellaneous coating operations.
Paint Stripping Operations
    The HAP for which the EPA listed this source category pursuant to 
CAA section 112(c)(3) 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 and storage of 
MeCl-containing paint strippers.
Surface Coating Operations
    The EPA listed the area source surface coating operations 
categories pursuant to CAA section 112(c)(3) based on emissions of 
cadmium, chromium, lead, manganese, and nickel compounds. These target 
HAP emissions from miscellaneous coating operations are the heavy 
metals contained in the coatings (e.g., in corrosion-resistant primers 
and as the pigments in topcoats). The target 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

[[Page 66136]]

``overspray.'' The fraction that becomes overspray depends on many 
variables, but two of the most important are the type of spray 
equipment being used 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 the spray gun for 
the next coating job. 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, target HAP from the coating may be 
emitted if the cleaning solvent is sprayed through the gun during 
cleaning.
3. Current NESHAP Requirements for Control of HAP
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 more than 
one ton of MeCl, per year, must 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 specify 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- or low-MeCl-containing chemical strippers; (2) mechanical 
stripping; (3) abrasive blasting (including dry or wet media); or (4) 
thermal and cryogenic decomposition.
    The management practices 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 are required to submit the plan to 
their delegated 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. They are also required to review the plan annually 
and update it based on the experiences of the previous year or the 
availability of new methods of stripping, and to keep a record of the 
review and changes made to the plan on file. Sources must maintain 
copies of the specified records for a period of at least five years 
after the date of each record.
Surface Coating Operations
    All motor vehicle and mobile equipment surface coating operations 
and those miscellaneous surface coating operations that spray-apply 
coatings containing the target HAP must apply the coatings with a high 
volume, low pressure (HVLP) spray gun, electrostatic spray gun, airless 
spray gun, air-assisted airless spray gun, or a gun demonstrated to be 
equal in transfer efficiency to an HVLP spray gun. All spray-applied 
coatings must be applied in a prep station or spray booth. For motor 
vehicle and mobile equipment surface coating, prep stations and spray 
booths that are large enough to hold a complete vehicle must have four 
complete side walls or curtains and a complete roof. For motor vehicle 
and mobile equipment subassemblies and for miscellaneous surface 
coating, coatings must be spray applied in a booth with a full roof and 
at least three walls or side curtains. Openings are allowed in the 
sidewalls and roof of booths used for miscellaneous surface coating to 
allow for parts conveyors, if needed. The exhaust from the prep station 
or spray booth must be fitted with filters demonstrated to achieve at 
least 98 percent capture efficiency of paint overspray.
    Additionally, sources are required to demonstrate that (1) all 
painters that spray-apply coatings are certified as having completed 
operator training to improve coating transfer efficiency and minimize 
overspray and (2) that no spray gun cleaning is performed by spraying 
solvent through the gun creating an atomized mist (i.e., spray guns are 
cleaned in an enclosed spray gun cleaner or by cleaning the 
disassembled gun parts by hand). Each painter must be certified as 
having completed classroom and hands-on training in the proper 
selection, mixing, and application of coatings, and must complete 
refresher training at least once every 5 years. The initial and 
refresher training must address the following topics:
     Spray gun equipment selection, set up, and operation, 
including measuring coating viscosity, selecting the proper fluid tip 
or nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of coatings to improve 
transfer efficiency and minimize coating usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
     Routine spray booth and filter maintenance, including 
filter selection and installation.
     Environmental compliance with the requirements of this 
subpart.

C. What data collection activities were conducted to support this 
action?

    For this technology review, we used information from the EPA's ECHO 
database to identify facilities subject to the NESHAP. The ECHO 
database provides integrated compliance and enforcement information for 
approximately 800,000 regulated facilities nationwide. We supplemented 
the ECHO database information with data provided by EPA Region 4. Using 
the feature in ECHO to search by NESHAP subpart, the EPA identified 
approximately 3,000 facilities as subject to this NESHAP. However, 
these data are not likely to be comprehensive for these source 
categories because not all states submit data to ECHO for smaller 
sources such as these, and we also observed that some states with large 
populations did not have as many facilities in the ECHO database as 
expected based on population. The compliance history data in ECHO does 
not contain detailed information on non-compliance and enforcement 
actions involving the facilities subject to 40 CFR part 63, subpart 
HHHHHH, that could be used to identify developments in practices, 
processes, and control technologies, or other rule changes that are 
needed.
    Also, for the technology review, we collected information from the 
reasonably available control technology (RACT), best available control 
technology (BACT), and lowest achievable emission rate (LAER) 
determinations in the EPA's RACT/BACT/LAER Clearinghouse (RBLC).\1\ 
This database contains case-specific information on air pollution

[[Page 66137]]

technologies that have been required to reduce the emissions of air 
pollutants from stationary sources. Under the EPA's New Source Review 
(NSR) program, an NSR permit must be obtained if a facility is planning 
new construction that increases the air emissions of any regulated NSR 
pollutant at or above 100 or 250 tpy (or a lower threshold depending 
upon nonattainment severity) or a modification that results in a 
significant emissions increase and a significant net emissions increase 
of any regulated NSR pollutant (``significant'' emissions increase is 
defined in the NSR regulations and is pollutant-specific, ranging from 
less than 1 pound (lb) to 100 tpy of the applicable regulated NSR 
pollutant). This central database promotes the sharing of information 
among permitting agencies and aids in case-by-case determinations for 
NSR permits. We examined information contained in the RBLC to determine 
what technologies are currently used for these surface coating and 
paint stripping operations to reduce air emissions.
---------------------------------------------------------------------------

    \1\ https://www.epa.gov/catc/ractbactlaer-clearinghouse-rblc-basic-information.
---------------------------------------------------------------------------

    Additional information about these data collection activities for 
the technology review is contained in the memoranda titled Technology 
Review for Paint Stripping and Miscellaneous Surface Coating Operations 
at Area Sources, July 2021, available in the docket for this action.
    The EPA also performed a literature search for information on 
alternatives to coatings that contain the target metal HAP and 
alternative processes to reduce emissions from the application of these 
coatings, and for alternatives to chemical paint stripping using MeCl-
containing paint stripping materials.
    The EPA also reviewed data collected as part of the National Small 
Business Environmental Assistance Program (SBEAP) (https://nationalsbeap.org/). This program and the data collected are used to 
assist companies in complying with 40 CFR part 63, subpart HHHHHH. 
These data include lists of coatings provided by the coating 
manufacturers that are commonly used in autobody and mobile equipment 
refinishing operations. The lists indicate whether each coating 
contains the target HAP, and whether substitute coatings are available 
that do not contain the target HAP. The EPA also contacted coatings 
suppliers, through state members of the SBEAP, to collect information 
on alternative coatings that do not contain the target HAP and current 
best practices to minimize emissions during coating application. The 
EPA also reached out to industry representatives for input regarding 
developments in technology and practices that have occurred since 
promulgation of the original rule.

D. What other relevant background information and data are available?

    As part of the technology review for the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources NESHAP source 
categories, we reviewed information available in the American Coatings 
Association's (ACA) Industry Market Analysis' 9th Edition (2014-
2019).\2\ The ACA Industry Market Analysis provided information on 
trends in coatings technology that can affect emissions from the source 
categories. Additional details regarding our review of this information 
source are contained in the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources Technology Review Memo, available in 
the docket for this action.
---------------------------------------------------------------------------

    \2\ Prepared for the ACA, Washington, DC, by The ChemQuest 
Group, Inc., Cincinnati, Ohio. 2015.
---------------------------------------------------------------------------

E. How does the EPA perform the technology review?

    Our technology review focuses on the identification and evaluation 
of developments in practices, processes, and control technologies that 
have occurred since the GACT standards were promulgated. Where we 
identify such developments, we analyze their technical feasibility, 
estimated costs, energy implications, and non-air environmental 
impacts. We also consider the emission reductions associated with 
applying each development. This analysis informs our decision of 
whether it is ``necessary'' to revise the emissions standards. In 
addition, we consider the appropriateness of applying controls to new 
sources versus retrofitting existing sources. For this exercise, we 
consider any of the following to be a ``development'':
     Any add-on control technology or other equipment that was 
not identified and considered during development of the original GACT 
standards;
     Any improvements in add-on control technology or other 
equipment (that were identified and considered during development of 
the original GACT standards) that could result in additional emissions 
reduction;
     Any work practice or operational procedure that was not 
identified or considered during development of the original GACT 
standards;
     Any process change or pollution prevention alternative 
that could be broadly applied to the industry and that was not 
identified or considered during development of the original GACT 
standards; and
     Any significant changes in the cost (including cost 
effectiveness) of applying controls (including controls the EPA 
considered during the development of the original GACT standards).
    In addition to reviewing the practices, processes, and control 
technologies that were considered at the time we originally developed 
the NESHAP, we review a variety of data sources in our investigation of 
potential practices, processes, or controls that may have not been 
considered during development of the NESHAP. Among the sources we 
reviewed were the NESHAP technology reviews for various industries that 
were completed after the GACT standard being reviewed in this action 
(e.g., NESHAP for Aerospace Manufacturing and Rework (40 CFR part 63, 
subpart GG), NESHAP for Surface Coating of Metal Parts and Products (40 
CFR part 63, subpart MMMM), and NESHAP for Surface Coating of Plastic 
Parts and Products (40 CFR 63, subpart PPPP)). We also reviewed the 
regulatory requirements and/or technical analyses associated with these 
regulatory actions to identify any practices, processes, and control 
technologies considered in these efforts that could be applied to 
emission sources in the Paint Stripping and Surface Coating source 
categories, as well as the costs, non-air impacts, and energy 
implications associated with the use of these technologies. Finally, we 
reviewed information from other sources, such as state and/or local 
permitting agency databases and industry-specific market analyses and 
trade journals, to research advancements in add-on controls and lower 
HAP technology for coatings. For a more detailed discussion of our 
methods for performing these technology reviews, refer to the Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
Technology Review Memo, available in the docket for this action.

III. Analytical Results and Proposed Decisions

A. What are the results and proposed decisions based on our technology 
review, and what is the rationale for those decisions?

    As described in sections II.C, D, and E of this preamble, our 
technology review focused on identifying developments in practices, 
processes, and control technologies for the three source categories. 
The EPA reviewed various information sources regarding emission sources 
that are currently

[[Page 66138]]

regulated by the NESHAP to support the technology review. The 
information sources included the following: The RBLC; state 
regulations; facility operating permits; other NESHAP-related 
regulatory actions, including technology reviews for other surface 
coating NESHAPs promulgated after this NESHAP was finalized in 2008; 
and industry information. The primary emission sources for the 
technology review included the following: The spray applied coating 
operations and paint stripping operations using MeCl containing paint 
stripping materials.
    Based on our review, we did not identify any add-on control 
technologies, process equipment, management practices or procedures 
that were not previously considered during development of the 2008 
Paint Stripping and Miscellaneous Surface Coating Operations at Area 
Sources NESHAP, and we did not identify any new or improved add-on 
control technologies that would result in additional emission 
reductions. A brief summary of the EPA's findings in conducting the 
technology review of Paint Stripping and Surface Coating operations 
follows. For a detailed discussion of the EPA's findings, refer to the 
memorandum, Technology Review for Paint Stripping and Miscellaneous 
Surface Coating Source Categories, in the docket for this action.
    During the development of the 2008 Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources NESHAP, 
management practices were determined for new and existing area sources 
performing spray applied coating operations using coatings containing 
the target HAP and for paint stripping operations using MeCl containing 
materials. The development of the surface coating management practices 
was based on the following:
     Numerous visits to area source surface coating operations;
     The surface coating industry's use of high efficiency 
coatings spray equipment, filtered spray booths, and enclosed spray gun 
cleaners; and
     The EPA's review of available operator training programs.
    The paint stripping management practices were based on a detailed 
study of the paint stripping industry \3\ and visits to numerous paint 
stripping operations.
---------------------------------------------------------------------------

    \3\ Source Reduction and Recycling of Halogenated Solvents in 
Paint Stripping--Technical Support Document--A Report on Research 
Performed by the Source Reduction Research Partnership for the 
Metropolitan Water District and the Environmental Defense Fund. 
Prepared By Jacobs Engineering Group Inc. Pasadena, CA. 1990.
---------------------------------------------------------------------------

Paint Stripping Operations
    Our search of the RBLC database for improvements in paint stripping 
technologies provided results for two facilities with permit dates of 
2008 or later. Facilities reported the use of VOC emission limits, and 
work practices in compliance with the Aerospace NESHAP.
    We also reviewed the results of the technology review for the 
Aerospace Manufacturing and Rework Facilities NESHAP (40 CFR part 63, 
subpart GG). The Aerospace NESHAP regulates emissions from depainting 
operations (40 CFR 63.746) and limits the amount of organic HAP in 
chemical strippers used per aircraft, and also has provisions to limit 
inorganic HAP emissions from non-chemical (e.g., abrasive blasting) 
depainting operations. As part of that technology review for chemical 
depainting, the EPA examined Washington State's records of permits for 
Aerospace Manufacturing and Rework Facilities and identified a 2013 PSD 
permit amendment that requires the VOC vapor pressure of cleaning 
solvents and chemical strippers used in depainting operations to be 
less than 45 mm Hg. It should be noted that the Aerospace NESHAP does 
not prescribe vapor pressure limits to chemical depainting strippers, 
but instead has capture and control and volume usage limits for 
chemical depainting operations that use HAP containing chemical 
strippers. Otherwise, facilities must use non-HAP chemical strippers. 
Therefore, the EPA determined that the Aerospace NESHAP was at least as 
stringent as the Washington State PSD permit requirements. The 
technology review for the Aerospace NESHAP did not identify any 
developments in processes or control technologies to reduce organic HAP 
emissions from chemical depainting operations. (80 FR 8392, February 
17, 2015). The Idaho state general permit program for automobile body 
shops was more restrictive, such that Idaho will not issue a general 
permit to body shops that are using MeCl as a paint remover.\4\ 
However, the 2008 Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources NESHAP did consider numerical emission 
limits but determined that they would not be feasible due to the 
variability in operational parameters and variety of work being 
performed. Similar to the Aerospace NESHAP, the 2008 Paint Stripping 
and Miscellaneous Surface Coating Operations at Area Sources NESHAP 
decided to not limit or ban the use of MeCl-based paint strippers, 
determining instead to set management practices that reduced emissions 
and encourage the substitution of alternative stripping technologies 
where they could feasibly be employed. All of these control 
technologies were in use by the paint stripping industry during 
development of the NESHAP or already were considered in the development 
of the NESHAP. In this review, for purposes of these area source GACT 
standards, we have again determined that these measures could not 
feasibly be broadly applied to the industry. Therefore, we concluded 
that the results of the search did not result in any broadly applied 
improvements in add-on control technology or other equipment.
---------------------------------------------------------------------------

    \4\ Idaho Department of Environmental Quality. Streamlined air 
permitting processes for qualifying automotive coating operations. 
Revision 6; April 2017. (Accessed June 2021 https://www2.deq.idaho.gov/admin/LEIA/api/document/download/5194).
---------------------------------------------------------------------------

    In conclusion, for the Paint Stripping source category, we did not 
identify developments in practices, processes, or control technologies 
broadly applied to the industry during review of the RBLC, the state 
rules, and subsequent NESHAP that were not already identified and 
considered during the Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources NESHAP development. We are maintaining our 
approach of setting widely applicable control technology and management 
practice standards, while encouraging emissions reductions, such as 
from product reformulations, where appropriate. The current standards 
effectively reduce emissions while encouraging sources to further 
reduce emissions. We identified no improvements broadly applied to the 
industry or changes in costs. We do not consider the practices we found 
to be developments for the purposes of this technology review, and 
continue to determine that they do not warrant revisions to the current 
emission standards.
Surface Coating Operations
    For this technology review, we consulted state rules and operating 
permits. California has an existing surface coating rule, Airborne 
Toxic Control Measure for Emissions of Hexavalent Chromium and Cadmium 
from Motor Vehicle and Mobile Equipment Coatings (ATCM),\5\ that 
prohibits the use, possession, sale,

[[Page 66139]]

supply, or manufacture for sale in California of any motor vehicle or 
mobile equipment coating that contains hexavalent chromium or 
cadmium.\6\ While increased compliance costs were expected to raise the 
prices of coating materials for automotive body paint shops, the 
California Air Resources Board predicted that these shops would pass 
the material price increase to consumers, so the impacts to auto body 
shops would be negligible.\7\ In the original NESHAP, the EPA chose not 
to prohibit the use of coatings that contain any of the heavy metals or 
target HAP for these source categories. We determined that 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.\8\ For this technology review, we determined that vendors 
representing a large market share in the sectors relevant to the 
NESHAP, specifically coating manufacturers that supply automobile and 
mobile equipment refinishing coatings, have modified product lines such 
that non-target HAP products are more readily available. However, in 
this technology review we still determined that a nationwide 
prohibition would impose unreasonable burden on the industry, and that 
other approaches are better suited to reduce emissions. Sources carry 
out a wide variety of surface coating operations, with different 
performance criteria, and target HAP-free alternatives would not be 
viable substitutes for many purposes. Furthermore, as demonstrated by 
wider adoption of target HAP-free products, the industry is already 
reducing the usage of target-HAP containing coatings as available, and 
within their operating requirements, alongside the emission reductions 
already achieved by implementation of the NESHAP. In addition to the 
ATCM outlined above, California's South Coast Air Quality Management 
District (AQMD) adopted a rule for Spraying Operations Using Coatings 
Containing Chromium (Rule 1469.1) in March 2005.\9\ This rule includes 
requirements for spray transfer efficiency, spray booth operation, 
housekeeping, monitoring, reporting, and recordkeeping, and in June 
2021, South Coast AQMD proposed an amended rule. These amendments aim 
to further reduce emissions of hexavalent chromium from spraying 
operations as well as operations such as dried chromate coating 
removal. They also minimize the accumulation of materials that may 
contain chromates outside of spray booths that may lead to fugitive 
emissions.\10\ However, these practices were already identified during 
development of the 2008 Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources NESHAP, and as stated above, we do 
not consider the burden imposed by these practices to be warranted for 
requirements that would apply to these disparate industries and 
applications. We are maintaining our approach of setting widely 
applicable control technology and management practice standards, while 
encouraging emissions reductions, such as from product reformulations, 
where appropriate. The current standards effectively reduce emissions 
while encouraging sources to further reduce emissions. Therefore, we do 
not consider these practices to constitute new or improved add-on 
control technologies that would result in additional emission 
reductions.
---------------------------------------------------------------------------

    \5\ California Air Resources Board. Automotive Refinishing. 
https://ww2.arb.ca.gov/our-work/programs/coatings/automotive-refinishing.
    \6\ California Code of Regulations. Hexavalent Chromium and 
Cadmium Airborne Toxic Control Measure--Motor Vehicle and Mobile 
Equipment Coatings. 17 CCR Sec.  93112. (Accessed April 2021 https://govt.westlaw.com/calregs/Document/I317A88D0D60811DE88AEDDE29ED1DC0A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default
)).
    \7\ California Air Resources Board. Initial Statement of Reasons 
for Proposed Rulemaking: Airborne Toxic Control Measure for 
Emissions of Hexavalent Chromium and Cadmium from Motor Vehicle and 
Mobile Equipment Coatings, p. V-1. (Accessed April 2021 https://ww2.arb.ca.gov/sites/default/files/2020-12/ISOR_auto_finish_9-01.pdf).
    \8\ US EPA. (September 2007). Proposed rule: National Emission 
Standards for Hazardous Air Pollutants: Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources. 72 FR 
52967.
    \9\ South Coast Air Quality Management District. Spraying 
Operations Using Coatings Containing Chromium. (Accessed June 2021 
http://www.aqmd.gov/docs/default-source/rule-book/reg-xiv/rule-1469-1.pdf).
    \10\ South Coast Air Quality Management District. Draft Staff 
Report: Proposed Amended Rule 1469.1--Spraying Operations Using 
Coatings Containing Chromium. (Accessed June 2021 http://www.aqmd.gov/docs/default-source/rule-book/Proposed-Rules/1469.1/par1469-1_dsr_040621.pdf?sfvrsn=6).
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    Under the authority of the Federal Minor Source Review Program (40 
CFR 49.151), the EPA issued a permit by rule for new or modified true 
minor source automobile body repair and miscellaneous surface coating 
operations in Indian Country (40 CFR 49.162). This permit by rule 
addresses VOC emissions, but does not address inorganic HAP emissions 
and does not address paint stripping operations. The permit by rule 
mirrors the requirements in 40 CFR part 63, subpart HHHHHH, for 
operator training, spray booths and spray booth filters, and high-
efficiency spray guns, but differs in that the exemption for spray guns 
with a cup capacity less than 3.0 fluid ounces does not apply in 
serious, severe, and extreme ozone nonattainment areas; instead, in 
those areas all spray-applied coating operations must be applied with 
an HVLP spray gun, low volume low pressure (LVLP) spray gun, or air 
brush spray operation, or with an equivalent spray technology that has 
been demonstrated by the spray gun manufacturer to achieve a transfer 
efficiency comparable to that of an HVLP spray gun. The EPA examined 10 
state permitting examples for the permit by rule. Three of the 10 state 
general permit programs for automobile body shops include the 
requirements of 40 CFR part 63, subpart HHHHHH, but some individual 
states are more restrictive.\11\ These issues were considered during 
development of the 2008 Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources NESHAP and do not represent new or 
improved add-on control technologies that would result in additional 
emission reductions.
---------------------------------------------------------------------------

    \11\ U.S. Environmental Protection Agency. (February 2017). 
Background Document: Air Quality Permit by Rule for New or Modified 
True Minor Source Auto Body Repair and Miscellaneous Surface Coating 
Operations in Indian Country. (Accessed April 2021 https://www.epa.gov/sites/production/files/2016-05/documents/autobodybackgrounddocument032315final.pdf).
---------------------------------------------------------------------------

    The RBLC database search for improvements in surface coating 
technologies provided results for 10 facilities with permit dates of 
2011 or later (the compliance date for existing sources in 40 CFR part 
63, subpart HHHHHH, is January 10, 2011). Facilities reported the use 
of high-efficiency application methods (e.g., robotic application, 
electrostatic spray), good work practices, and regenerative thermal 
oxidizers (RTO) with an established reduction and exhaust gas VOC 
concentration limits (i.e., 3-hour average of 95 percent removal and 12 
parts per million by volume). However, RTO are used to destroy organic 
compounds and would not be effective at reducing emissions of metal 
target HAP from spray applied coating operations. All of these control 
technologies were in use by the surface coating industry during 
development of the NESHAP and already were considered in the 
development of the NESHAP. We identified no improvements or changes in 
costs. Therefore, we concluded that the results of the RBLC search did 
not result in any improvements in add-on control technology or other 
equipment.

[[Page 66140]]

    We also reviewed the results of the technology review for the 
Aerospace Manufacturing and Rework Facilities NESHAP (40 CFR part 63, 
subpart GG). The Aerospace NESHAP regulates emissions of inorganic HAP 
from the spray application of primers and topcoats (40 CFR 63.745) by 
requiring the spray application of coatings containing inorganic HAP to 
be performed in a spray booth or similar enclosure that is exhausted 
through a filter. The technology review for the Aerospace NESHAP did 
not identify any developments in processes or control technologies to 
reduce inorganic HAP emissions from primer and topcoat operations. (80 
FR 8392, February 17, 2015)
    In conclusion, for the Surface Coating source categories, we did 
not identify developments in practices, processes, or control 
technologies during review of the RBLC, the state rules, and subsequent 
NESHAP that were not already identified and considered during the Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
NESHAP development. We identified no improvements or changes in costs. 
We do not consider the practices that we found to be developments for 
the purposes of this technology review, and continue to determine that 
they do not warrant revisions to the current emission standards.

B. What other actions are we proposing, and what is the rationale for 
those actions?

1. Electronic Reporting Requirements
    The EPA is proposing that owners and operators of paint stripping 
and surface coating facilities submit electronic copies of initial 
notifications required in 40 CFR 63.9(b) and 63.11175(a), notifications 
of compliance status required in 40 CFR 63.9(h) and 63.11175(b), the 
annual notification of changes report required in 40 CFR 63.11176(a), 
and the report required in 40 CFR 63.11176(b) through the EPA's Central 
Data Exchange (CDX) using the Compliance and Emissions Data Reporting 
Interface (CEDRI). For further information regarding the electronic 
data submission process, please refer to the memorandum titled 
Electronic Reporting for New Source Performance Standards (NSPS) and 
National Emission Standards for Hazardous Air Pollutants (NESHAP) 
Rules, available in the docket for this action. No specific form is 
necessary for the initial notifications required in 40 CFR 63.9(b) and 
63.11175(a), notifications of compliance status required in 40 CFR 
63.9(h) and 63.11175(b), the annual notification of changes report 
required in 40 CFR 63.11176(a), and the report required in 40 CFR 
63.11176(b). The notifications will be required to be submitted via 
CEDRI in portable document format (PDF) files.
    Additionally, the EPA has identified two broad circumstances in 
which electronic reporting extensions may be provided. In both 
circumstances, the decision to accept the claim of needing additional 
time to report is within the discretion of the Administrator, and 
reporting should occur as soon as possible. The EPA is providing these 
potential extensions to protect owners and operators from noncompliance 
in cases where they cannot successfully submit a report by the 
reporting deadline for reasons outside of their control. The situation 
where an extension may be warranted due to outages of the EPA's CDX or 
CEDRI which precludes an owner or operator from accessing the system 
and submitting required reports is addressed in 40 CFR 63.9(b), 
notifications of compliance status required in 40 CFR 63.9(h), the 
annual notification of changes report required in 40 CFR 63.11176(a), 
and the MeCl report required in 40 CFR 63.11176(b). The situation where 
an extension may be warranted due to a force majeure event, which is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents an owner or 
operator from complying with the requirement to submit a report 
electronically as required by this rule is addressed in 40 CFR 
63.3120(g). Examples of such events are acts of nature, acts of war or 
terrorism, or equipment failure or safety hazards beyond the control of 
the facility.
    The electronic submittal of the reports addressed in this proposed 
rulemaking has several benefits: Electronic submittal will increase the 
usefulness of the data contained in those reports, is in keeping with 
current trends in data availability and transparency, will further 
assist in the protection of public health and the environment, will 
improve compliance by facilitating the ability of regulated facilities 
to demonstrate compliance with requirements and by facilitating the 
ability of delegated state, local, tribal, and territorial air agencies 
and the EPA to assess and determine compliance, and will ultimately 
reduce burden on regulated facilities, delegated air agencies, and the 
EPA. Electronic reporting also eliminates paper-based, manual 
processes, thereby saving time and resources, simplifying data entry, 
eliminating redundancies, minimizing data reporting errors, and 
providing data quickly and accurately to the affected facilities, air 
agencies, the EPA, and the public. Moreover, electronic reporting is 
consistent with the EPA's plan \12\ to implement Executive Order 13563 
and is in keeping with the EPA's agency-wide policy \13\ developed in 
response to the White House's Digital Government Strategy.\14\ For more 
information on the benefits of electronic reporting, see the memorandum 
Electronic Reporting Requirements for New Source Performance Standards 
(NSPS) and National Emission Standards for Hazardous Air Pollutants 
(NESHAP) Rules, available in the docket for this action, Docket ID No. 
EPA-OAR-2021-0016.
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    \12\ EPA's Final Plan for Periodic Retrospective Reviews, August 
2011. Available at: https://www.regulations.gov/document?D=EPA-HQ-OA-2011-0156-0154.
    \13\ E-Reporting Policy Statement for EPA Regulations, September 
2013. Available at: https://www.epa.gov/sites/production/files/2016-03/documents/epa-ereporting-policy-statement-2013-09-30.pdf.
    \14\ Digital Government: Building a 21st Century Platform to 
Better Serve the American People, May 2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/egov/digital-government/digital-government.html.
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2. Rule Clarifications and Other Changes, Including Incorporation by 
Reference
    We are proposing plain language clarifications and revisions to 
better reflect regulatory intent. We also are proposing other changes, 
including updating references to equivalent test methods, making 
technical and editorial revisions, incorporation by reference (IBR) of 
alternative test methods, and simplifying the petition for exemption 
process. Our analyses and proposed changes related to these issues are 
discussed in the sections below.
a. Coating HAP Content Definition
    The EPA is proposing to clarify that the definition of coatings 
that do not contain the target HAP is based on the HAP content of the 
coating as applied, not on the HAP content of the coating components as 
purchased from the coating supplier. However, coatings that meet the 
definition of coatings that do not contain the target HAP based on the 
HAP content as purchased will also meet the definition based on the HAP 
content as applied.
b. Spray Gun Cup Liners
    The EPA is proposing to clarify that the allowance to use spray 
guns outside

[[Page 66141]]

of a spray booth is based on the volume of the spray gun paint cup 
liner and not the volume of the paint cup, in those spray guns that use 
a disposable cup liner.
c. Submarines and Tanks Applicability
    The EPA is proposing to clarify in this preamble that the surface 
coating and paint stripping of certain types of military equipment at 
area sources, such as military submarines (as opposed to those used for 
scientific research, for example) and military tanks is potentially 
subject to 40 CFR part 63, subpart HHHHHH, unless the surface coating 
or paint stripping is 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), the National 
Aeronautics and Space Administration, or the National Nuclear Security 
Administration. Surface coating of this type of military equipment at 
original equipment manufacturers or offsite at a contractor's facility 
would not be covered by the provisions in 40 CFR 63.11169(d)(1), and 
would be subject to the requirements of 40 CFR part 63, subpart HHHHHH.
d. Circumvention of Paint Cup Capacity Intent
    The EPA is proposing to clarify that the exclusion of spray guns 
with paint cup capacities equal to or less than 3.0 fluid ounces from 
the definition of spray-applied coatings operations was not intended to 
constitute an exemption from the NESHAP but was a threshold by which 
rule applicability for potentially regulated sources may be determined. 
This was due to the type and scope of operations which were to be 
regulated under the NESHAP. This clarification is consistent with, and 
would ensure that the rule clearly reflects, the position provided in a 
letter issued by the Office of Environmental Compliance and Assurance 
(OECA) stating that the EPA may find that persons who repeatedly refill 
and use a three-ounce cup, as a means of avoiding rule applicability, 
are attempting to circumvent the NESHAP. The EPA accordingly reserves 
the right to bring enforcement actions against any person whose action 
equates to rule circumvention.
e. OSHA Carcinogenic Content
    The EPA is proposing to remove references to Occupational Safety 
and Health Administration (OSHA)-defined carcinogens as specified in 29 
CFR 1910.1200(d)(4). The reference to OSHA-defined carcinogens as 
specified in 29 CFR 1910.1200(d)(4) was intended to specify the mass 
percent threshold above which compounds must be counted in identifying 
whether coatings are considered ``target HAP containing'' as defined in 
40 CFR 63.11180. Target HAP compounds that are carcinogens must be 
counted if they are present at 0.1 percent by mass or greater and all 
other target HAP if they are present at 1.0 percent by mass or greater. 
We are proposing to remove this reference because 29 CFR 
1910.1200(d)(4) has been amended and no longer readily defines which 
compounds are carcinogens. We are proposing to replace these references 
to OSHA-defined carcinogens and 29 CFR 1910.1200(d)(4) with a list of 
those target HAP that must be counted if they are present at 0.1 
percent by mass or greater. All other target HAP must be counted if 
they are present at 1.0 percent or greater by mass.
f. Non-HAP Solvent Language
    The EPA is proposing to remove the definition of ``non-HAP 
solvent'' from 40 CFR 63.11180 because there are no requirements to use 
non-HAP solvents and the definition has no other use in the rule.
g. Filter Test Method
    The EPA is proposing to update the spray booth filter test method 
which was previously incorporated by reference to the most recent 
American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) method. The rule currently cites 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. This method was retired in January 2009, and replaced by ANSI/
ASHRAE Standard 52.2-2017 Method of Testing General Ventilation Air-
Cleaning Devices for Removal Efficiency by Particle Size. The EPA is 
also proposing to include EPA Method 319--Determination of Filtration 
Efficiency for Paint Overspray Arrestors (Appendix A to 40 CFR part 
63), as an alternative to ANSI/ASHRAE Standard 52.2-2017. This is the 
same method referenced in the NESHAP for Aerospace Manufacturing and 
Rework (40 CFR part 63, subpart GG) to test paint spray booth filters 
used to meet the requirements to limit hexavalent chromium emissions. 
As discussed in section VI.I of this preamble, these methods measure 
paint booth filter efficiency to measure the capture efficiency of 
paint overspray arrestors with spray-applied coatings. The ANSI/ASHRAE 
standard is available from the American Society of Heating, 
Refrigerating and Air-Conditioning Engineers 1791 Tullie Circle NE, 
Atlanta, GA 30329. See http://www.ashrae.org. The EPA Method standard 
is available in Appendix A to 40 CFR part 63.
h. Petition for Exemption Process
    The EPA is proposing a simplified petition for exemption process 
for motor vehicle or mobile equipment surface coating operations that 
do not spray apply any coatings that contain the target HAP. Currently 
all such sources are subject to the NESHAP, unless they demonstrate to 
the satisfaction of the Administrator that they do not spray apply any 
coatings that contain the target HAP. Due to changes in coatings 
compositions across the industry, and the burden imposed without 
commensurate environmental benefit, we propose to allow sources to 
submit notification to the Administrator that they do not spray apply 
any coatings that contain the target HAP. Such sources would still be 
required to retain records that describe the coatings that are spray 
applied, but that information would not need to be reported--to 
determine whether that has been demonstrated to the satisfaction of the 
Administrator. The Administrator would maintain the authority to verify 
records retained on site, including whether the notification of 
exemption was sufficiently demonstrated. Sources may still petition for 
exemption using the existing process if they wish for a formal 
determination.
3. SSM Requirements
a. Elimination of the SSM Exemption
    In its 2008 decision in Sierra Club v. EPA, 551 F.3d 1019 (D.C. 
Cir. 2008), the United States Court of Appeals for the District of 
Columbia Circuit vacated portions of two provisions in the EPA's CAA 
section 112 regulations governing the emissions of HAP during periods 
of SSM. Specifically, the court vacated the SSM exemption contained in 
40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 
302(k) of the CAA, emissions standards or limitations must be 
continuous in nature and that the SSM exemption violates the CAA's 
requirement that some section 112 standards apply continuously.
    We note that the EPA amended the General Provisions in March 2021 
to correct the CFR to reflect the court order

[[Page 66142]]

in Sierra Club vacating the SSM exemptions.\15\
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    \15\ 86 FR 13819, March 11, 2021--Court Vacatur of Exemption 
From Emission Standards During Periods of SSM.
---------------------------------------------------------------------------

    Consistent with Sierra Club v. EPA, the standards in this rule 
apply at all times. We are also proposing a revision to Table 1 to 
subpart HHHHHH of 40 CFR part 63 (Applicability of General Provisions 
to Subpart HHHHHH of Part 63, hereafter referred to as the ``General 
Provisions table to subpart HHHHHH''), as explained in more detail 
below in section III.B.3.b of this preamble.
    In proposing these rule amendments, the EPA has taken into account 
startup and shutdown periods and, for the reasons explained below, has 
not proposed alternate standards for those periods. Startups and 
shutdowns are part of normal operations for the paint stripping and 
surface coating operations at area sources. Paint stripping and surface 
coating operations inherently involve frequent startup and shutdown 
while carrying out normal duties, and the NESHAP's emission standards 
were developed to control emissions in these situations. We have no 
data indicating that emissions are different during startup or shutdown 
than during other normal operations, and the current emission standards 
adequately control emissions during these startup and shutdown periods.
    Periods of startup, normal operations, and shutdown are all 
predictable and routine aspects of a source's operations. Malfunctions, 
in contrast, are neither predictable nor routine. Instead malfunctions 
are, by definition, sudden, infrequent and not reasonably preventable 
failures of emissions control, process, or monitoring equipment. (40 
CFR 63.2) (definition of malfunction). The EPA interprets CAA section 
112 as not requiring emissions that occur during periods of malfunction 
to be factored into development of CAA section 112 standards. This 
reading has been upheld as reasonable by the D.C. Circuit in U.S. Sugar 
Corp. v. EPA, 830 F.3d 579, 606-610 (2016).
    However, it is unlikely that a malfunction would result in a 
violation of the standards or significant changes in emissions during 
paint stripping and surface coating operations at area source 
facilities. The NESHAP obligates facilities to follow implementation 
requirements for several stages of GACT or management practices, 
including application of coatings within a spray booth, using high 
efficiency spray application equipment, and a variety of other 
management practices. All facilities must comply with these management 
practice standards to minimize target HAP emissions from paint 
stripping and surface coating operations. These standards are not 
susceptible to malfunctions that would affect emissions, and if such 
malfunctions were to occur, the multiple layers of protection still 
reduce the likelihood that any single point of failure would result in 
a significant increase in emissions.
    In the unlikely event that a source fails to comply with the 40 CFR 
part 63, subpart HHHHHH as a result of a malfunction event, the EPA 
will determine an appropriate response based on, among other things, 
the good faith efforts of the source to minimize emissions during 
malfunction periods, including preventative and corrective actions, as 
well as root cause analyses to ascertain and rectify excess emissions. 
The annual notification of changes report required in 40 CFR 
63.11176(a) already obligates sources to report deviations from 
relevant requirements in 40 CFR 63.11173. The EPA will also consider 
whether the source's failure to comply with the standard was, in fact, 
sudden, infrequent, not reasonably preventable, and was not instead 
caused, in part, by poor maintenance or careless operation. 40 CFR 63.2 
(definition of malfunction).
    If the EPA determines in a particular case that an enforcement 
action against a source for violation of an emission standard is 
warranted, the source can raise any and all defenses in that 
enforcement action and the Federal district court will determine what, 
if any, relief is appropriate. The same is true for citizen enforcement 
actions. Similarly, the presiding officer in an administrative 
proceeding can consider any defense raised and determine whether 
administrative penalties are appropriate.
    In summary, the EPA interpretation of the CAA and, in particular, 
CAA section 112 is reasonable and encourages practices that will avoid 
malfunctions. Administrative and judicial procedures for addressing 
exceedances of the standards fully recognize that violations may occur 
despite good faith efforts to comply and can accommodate those 
situations. U.S. Sugar Corp. v. EPA, 830 F.3d 579, 606-610 (D.C. Cir. 
2016).
b. Proposed Revisions to the General Provisions Applicability Table
    We are proposing to revise the General Provisions table to 40 CFR 
part 63, subpart HHHHHH (Table 1) entry for 40 CFR 63.6(e)(1)-(2) by 
changing the ``yes'' in column 3 to a ``no.'' Section 63.6(e)(1)(i) 
describes the general duty to minimize emissions. Some of the language 
in that section is not necessary or appropriate in light of the absence 
of an SSM exemption. We are proposing instead to add general duty 
regulatory text at 40 CFR 63.11173(h) that reflects the general duty to 
minimize emissions while eliminating the reference to periods covered 
by an SSM exemption. The current language in 40 CFR 63.6(e)(1)(i) 
characterizes what the general duty entails during periods of SSM. 
Without an SSM exemption, there is no need to differentiate between 
normal operations, startup and shutdown, and malfunction events in 
describing the general duty. Therefore, the language the EPA is 
proposing for 40 CFR 63.11173(h) does not include that language from 40 
CFR 63.6(e)(1)(i). Section 63.6(e)(1)(ii) imposes requirements that are 
not necessary with the absence of an SSM exemption or are redundant 
with the general duty requirement being added at 40 CFR 63.11173(h). We 
are also proposing to revise the General Provisions table to 40 CFR 
part 63, subpart HHHHHH (Table 1) entry for 40 CFR 63.6(f)(1) by 
changing the ``yes'' in column 3 to a ``no.'' We have added language to 
the regulatory text at Sec.  63.11173(h) to specify that the standards 
apply at all times. Although, consistent with Sierra Club, the EPA 
amended 40 CFR 63.6(f)(1) (and also paragraph (h)(1)) on March 11, 
2021, to reflect the court order and correct the CFR to remove the SSM 
exemption and is proposing to revise the description in column 2 of 
table 1 to clarify that this rule applies at all times, the second 
sentence of 40 CFR 63.6(f)(1) contains language that is premised on the 
existence of an exemption and is inapposite in the absence of the 
exemption. Thus, rather than cross-referencing 63.6(f)(1), we are 
adding the language of 63.6(f)(1) that requires compliance with 
standards at all times to the regulatory text at Sec.  63.11173(h).

C. What compliance dates are we proposing, and what is the rationale 
for the proposed compliance dates?

    The EPA is proposing that affected sources must comply with all of 
the amendments no later than 180 days after the effective date of the 
final rule. All affected facilities would have to continue to meet the 
current requirements of 40 CFR part 63, subpart HHHHHH, until the 
applicable compliance date of the amended rule. The final action is not 
expected to be a ``major rule'' as defined by 5 U.S.C. 804(2), so the 
effective date of the final rule will be the promulgation date as 
specified in CAA section 112(d)(10).

[[Page 66143]]

    For existing sources, we are proposing electronic reporting 
requirements that would impact ongoing compliance requirements for 40 
CFR part 63, subpart HHHHHH. We are also acknowledging the change to 
the requirements for SSM that removed the exemption from the 
requirements to meet the standard during SSM periods. Our experience 
with similar industries that are required to employ electronic 
reporting shows that a time period of a minimum of 90 days, and, more 
typically, 180 days, is generally necessary to successfully accomplish 
these revisions. Our experience with similar industries further shows 
that this sort of regulated facility generally requires a time period 
of 180 days to read and understand the amended rule requirements; to 
evaluate their operations to ensure that they can meet the standards 
during periods of startup and shutdown as defined in the rule and make 
any necessary adjustments; and to update their operation, maintenance, 
and monitoring plan to reflect the revised requirements. Thus, the EPA 
is proposing that existing affected sources be in compliance with all 
regulation's revised requirements within 180 days of the regulation's 
effective date.
    We solicit comment on these proposed compliance periods, and we 
specifically request submission of information from sources in these 
source categories regarding specific actions that would need to be 
undertaken to comply with the proposed amended requirements and the 
time needed to make the adjustments for compliance with any of the 
revised requirements. We note that information provided may result in 
changes to the proposed compliance dates.

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

    Currently, we estimate 39,812 area source facilities are subject to 
the Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources NESHAP and operating in the United States. The affected 
source under the NESHAP is the collection of all of the items listed in 
(1) through (6) of this section. Not all affected sources will have all 
of the items listed in (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.

B. What are the air quality impacts?

    Estimated emissions of target HAP and MeCl from the facilities in 
the Paint Stripping and Surface Coating source categories are not 
expected to change in any significant way due to this review or its 
associated amendments.
    These proposed amendments acknowledge that all area sources in the 
source categories must comply with the relevant emission standards at 
all times, including periods of SSM. We were unable to quantify the 
emissions that occur during periods of SSM or the specific emissions 
reductions that would occur as a result of this action.
    Indirect or secondary air emissions impacts are impacts that would 
result from the increased electricity usage associated with the 
operation of control devices (e.g., increased secondary emissions of 
criteria pollutants from power plants). Energy impacts consist of the 
electricity and steam needed to operate control devices and other 
equipment. The proposed amendments would have no effect on the energy 
needs of the affected paint stripping and surface coating facilities 
and would, therefore, have no indirect or secondary air emissions 
impacts.

C. What are the cost impacts?

    We estimate that each facility in the source categories will 
experience costs of approximately $400. These costs are a combination 
of the estimated reporting and recordkeeping costs (2 technical hours), 
and the time to read and understand the rule amendments (2 technical 
hours).\16\ Costs associated with adoption of electronic reporting were 
estimated as part of the reporting and recordkeeping costs and include 
time for sources to familiarize themselves with electronic record 
systems.
---------------------------------------------------------------------------

    \16\ The labor costs were calculated using the applicable labor 
rates from the latest version of the Bureau of Labor Statistics 
(BLS) survey titled National Occupational Employment and Wage 
Estimates United States located at: https://www.bls.gov/oes/current/oes_nat.htm#00-0000.
---------------------------------------------------------------------------

    For further information on the potential costs, see the memorandum 
titled Proposal Economic Impact Analysis for the National Emissions 
Standards of Hazardous Air Pollutants: Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources, available in 
the docket for this action.

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers 
about the potential economic consequences of a regulatory action. For 
the current proposals, the EPA estimated the cost of becoming familiar 
with the rule, re-evaluating previously developed SSM record systems, 
and transitioning to electronic reporting. To assess the maximum 
potential impact, the largest cost expected to be experienced in any 
one year is compared to the total sales for the ultimate owner of the 
affected facilities to estimate the total burden for each facility.
    For the proposed revisions to the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources NESHAP, the total cost is 
estimated to be approximately $400 per facility in the first year of 
the rule. These costs are not expected to result in a significant 
market impact, regardless of whether they are passed on to the 
purchaser or absorbed by the firms.
    The EPA also prepared a small business screening assessment to 
determine whether any of the identified affected entities are small 
entities, as defined by the U.S. Small Business Administration. Of the 
facilities potentially affected by the proposed revisions to the Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
NESHAP, we estimate that the vast majority are small entities. However, 
the annualized costs associated with the proposed requirement is from 
0.0 to 0.2 percent of annual sales revenue for the ultimate owner of 
those facilities, well below the 1 percent threshold. Therefore, there 
are no significant economic impacts on a substantial number of small 
entities from these proposed amendments.

E. What are the benefits?

    As stated above in section IV.B. of this preamble, we were unable 
to quantify the specific emissions reductions associated with 
eliminating the SSM exemption.
    Because these proposed amendments are not considered economically 
significant, as defined by Executive Order 12866, we did not monetize 
the benefits of reducing these emissions. This does not mean that there 
are no benefits associated with the potential reduction in target HAP 
and MeCl from this rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations 
of

[[Page 66144]]

concern who are most likely to experience unequal burdens from 
environmental harms; specifically, minority populations, low-income 
populations, and indigenous peoples (59 FR 7629, February 16, 1994). 
Additionally, Executive Order 13985 was signed to advance racial equity 
and support underserved communities through Federal government actions 
(86 FR 7009, January 20, 2021). The EPA defines environmental justice 
(EJ) as the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies. The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies'' (https://www.epa.gov/environmentaljustice). In recognizing 
that minority and low-income populations often bear an unequal burden 
of environmental harms and risks, the EPA continues to consider ways of 
protecting them from adverse public health and environmental effects of 
air pollution. To examine the potential for any EJ issues that might be 
associated with the source categories, we performed a demographic 
analysis, which is an assessment of individual demographic groups of 
the populations living within 5 kilometers (km) and within 50 km of the 
facilities. The EPA then compared the data from this analysis to the 
national average for the demographic indicators.
    In the analysis, we evaluated the proximity of minority and low-
income groups within the populations that live near facilities. Data 
limitations preclude a complete analysis. This NESHAP applies to 
sources in many different industries, often operating as small 
facilities, and limited location data of subject facilities was 
available. As described in the technology review memo, available in the 
docket for this action, and section II.C of this preamble, we did 
conduct searches for available information. However, below results do 
not account for emission or risk impacts from sources and may not be 
fully representative of the full distribution of facilities across all 
locations and populations. This analysis is intended to function as a 
guide to possible proximity disparities.
    Based on the fact that there are over 3,000 facilities in this 
analysis, and their proximity to urban centers, the source categories' 
minority demographics are higher than the national average while 
individual facilities for a large number of sites will significantly 
exceed the national average demographics for every group due to being 
located in urban locations. The results of the demographic analysis for 
populations within 5 km of the facilities within the source categories 
indicate that the minority population (being the total population minus 
the white population) is higher when compared to the national 
percentage (49 percent versus 40 percent). These comparisons also hold 
true for other demographic groups (African American, Other and 
Multiracial Groups, Hispanics, and people living in linguistic 
isolation). The African American demographic group shows the highest 
difference when compared to the national average (17 percent vs 12 
percent). The remaining demographics identified above were above the 
national average by 2 percent. The methodology and the results of the 
demographic analysis are presented in a technical report, Technology 
Review--Analysis of Demographic Factors for Populations Living Near the 
Paint Stripping and Miscellaneous Surface Coating Operations at Area 
Sources Source Categories, available in this docket for this action 
(Document ID EPA-HQ-OAR-2021-0016). While demographic analysis shows 
some population categories that are above the national average, this 
action is not likely to change levels of emissions near facilities. 
Based on our technology review, we did not identify any add-on control 
technologies, process equipment, work practices or procedures that were 
not previously considered during development of the 2008 Paint 
Stripping and Miscellaneous Surface Coating at Area Sources NESHAP, and 
we did not identify developments in practices, processes, or control 
technologies that would result in additional emission reductions.

V. Request for Comments

    The EPA requests comment on all aspects of this proposal, including 
options for reducing emissions that the EPA may not have considered, as 
well as information that may improve the Agency's understanding of this 
source category and inform future actions. Among other things, the EPA 
requests comment on any new add-on control technologies, process 
equipment, management practices or procedures not previously 
identified, including information on the availability, costs, 
feasibility, and efficacy of such measures. The EPA also requests 
comment on the availability, cost, and applicability of viable 
substitutes for methylene chloride for automotive refinishing and 
aerospace parts manufacturing uses. In addition, the EPA requests data 
or estimates of emissions from facilities in this source category, 
including information on how emissions, exposures, and potential 
controls may differ between the different types of sources covered in 
this rule (such as differences among types or sizes of automotive 
refinishing sites, and differences between automotive refinishing and 
aerospace parts manufacturing sites). Section VI of this preamble 
provides more information on submitting data.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to OMB for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposal have been 
submitted for approval to OMB under the PRA.
    The Information Collection Request (ICR) document that the EPA 
prepared has been assigned EPA ICR number 2268.07. You can find a copy 
of the ICR in the docket for this action (Docket ID No. EPA-HQ-OAR-
2021-0016), and it is briefly summarized here.
    As part of the technology review for the NESHAP, the EPA is not 
proposing to revise the emission limit requirements. The EPA is 
acknowledging revisions to the SSM provisions that previously applied 
to the NESHAP and is proposing the use of electronic data reporting for 
future notifications and reports. This information is being collected 
to assure compliance with 40 CFR part 63, subpart HHHHHH.
    Respondents/affected entities: Facilities performing paint 
stripping and surface coating operations at area sources.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart HHHHHH).
    Estimated number of respondents: In the 3 years after the 
amendments are final, approximately 39,812 respondents per year would 
be subject to the

[[Page 66145]]

NESHAP and no additional respondents are expected to become subject to 
the NESHAP during that period.
    Frequency of response: The total number of responses in year 1 is 
76,388. Years 2 and 3 would have no responses.
    Total estimated burden: The average annual burden to the paint 
stripping and surface coating operations at area source facilities over 
the 3 years if the amendments are finalized is estimated to be 43,900 
hours (per year). The average annual burden to the Agency over the 3 
years after the amendments are final is estimated to be 0 hours (per 
year). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The average annual cost to the facilities is 
$5,200,000 in labor costs for the first 3 years after the amendments 
are final. The average annual capital and operation and maintenance 
(O&M) costs is -$27,100. The total average annual Agency cost over the 
first 3 years after the amendments are final is estimated to be $0.
    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 the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
economic impact associated with the proposed requirements in this 
action for the affected small entities is described in section IV.D. 
above.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.
    The EPA has determined, based on discussions with state, local, and 
tribal governments during site visits during the original rule 
development, 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 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

    This action 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
any of the industries that would be affected by this action. Thus, 
Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This rulemaking involves technical standards. We are proposing to 
amend the Paint Stripping and Miscellaneous Surface Coating Operations 
at Area Source NESHAP in this action to update references to 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, with ANSI/ASHRAE Standard 52.2-2017 Method of 
Testing General Ventilation Air-Cleaning Devices for Removal Efficiency 
by Particle Size. Both methods measure paint booth filter efficiency to 
measure the capture efficiency of paint overspray arrestors with spray-
applied coatings. The EPA is also proposing to include EPA Method 319--
Determination of Filtration Efficiency for Paint Overspray Arrestors 
(Appendix A to 40 CFR part 63), as an alternative to ANSI/ASHRAE 
Standard 52.2-2017.
    The ANSI/ASHRAE standard is available from the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers 1791 Tullie 
Circle NE, Atlanta, GA 30329. See www.ashrae.org.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General 
Provisions, a source may apply to the EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any required testing methods, performance specifications, or 
procedures in the final rule or any amendments.
    The 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 this regulation.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
methodology and the results of the demographic analysis are presented 
in a technical report, Technology Review--Analysis of Demographic 
Factors for Populations Living Near the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources Source 
Categories, available in this docket for this action (Document ID EPA-
HQ-OAR-2021-0016).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Appendix A, 
Hazardous substances, Incorporation by reference, Reporting and 
recordkeeping requirements.

Michael S. Regan,
Administrator.
[FR Doc. 2021-24203 Filed 11-18-21; 8:45 am]
BILLING CODE 6560-50-P


