Rule2021-24099

National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical Correction

Primary source

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Published
November 19, 2021
Effective
November 19, 2021

Issuing agencies

Environmental Protection Agency

Abstract

In this action, the U.S. Environmental Protection Agency (EPA) is making technical corrections to four regulations under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. Specifically, the rules to be amended by this action include the following: The NESHAP for Surface Coating of Automobiles and Light-Duty Trucks, promulgated on July 8, 2020; the NESHAP for Surface Coating of Metal Cans, promulgated on February 25, 2020; the NESHAP for Boat Manufacturing, promulgated on March 20, 2020; and the NESHAP for Clay Ceramics Manufacturing, promulgated on November 1, 2019. Following signature of each of these final rules, the EPA discovered inadvertent minor errors and is correcting these errors in this action.

Full Text

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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 66038-66044]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24099]



[[Page 66037]]

Vol. 86

Friday,

No. 221

November 19, 2021

Part III





Environmental Protection Agency





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40 CFR Part 63





National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal 
Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical 
Correction; National Emission Standards for Hazardous Air Pollutants: 
Refractory Products Manufacturing Residual Risk and Technology Review; 
National Emission Standards for Hazardous Air Pollutants: Carbon Black 
Production and Cyanide Chemicals Manufacturing Residual Risk and 
Technology Reviews, and Carbon Black Production Area Source Technology 
Review; National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
Technology Review; Final Rules and Proposed Rule

Federal Register / Vol. 86 , No. 221 / Friday, November 19, 2021 / 
Rules and Regulations

[[Page 66038]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2019-0314, EPA-HQ-OAR-2017-0684, EPA-HQ-OAR-2016-0447, EPA-
HQ-OAR-2013-0290; FRL-8472-01-OAR]
RIN 2060-AT49, 2060-AT51, 2060-AT12, and 2060-AT25


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal 
Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: In this action, the U.S. Environmental Protection Agency (EPA) 
is making technical corrections to four regulations under the National 
Emission Standards for Hazardous Air Pollutants (NESHAP) program. 
Specifically, the rules to be amended by this action include the 
following: The NESHAP for Surface Coating of Automobiles and Light-Duty 
Trucks, promulgated on July 8, 2020; the NESHAP for Surface Coating of 
Metal Cans, promulgated on February 25, 2020; the NESHAP for Boat 
Manufacturing, promulgated on March 20, 2020; and the NESHAP for Clay 
Ceramics Manufacturing, promulgated on November 1, 2019. Following 
signature of each of these final rules, the EPA discovered inadvertent 
minor errors and is correcting these errors in this action.

DATES: This final rule is effective on November 19, 2021. The 
incorporation by reference (IBR) of certain publications listed in the 
rule is approved by the Director of the Federal Register as of November 
19, 2021. The incorporation by reference of certain other publications 
listed in the rule was approved by the Director of the Federal Register 
as of June 25, 2004 and July 8, 2020.

ADDRESSES: The EPA has established a docket for each rule included in 
this action under the following: Docket ID No. EPA-HQ-OAR-2019-0314 
(NESHAP for Surface Coating of Automobiles and Light-Duty Trucks), 
Docket ID No. EPA-HQ-OAR-2017-0684 (NESHAP for Surface Coating of Metal 
Cans), Docket ID No. EPA-HQ-OAR-2016-0447 (NESHAP for Boat 
Manufacturing), and Docket ID No. EPA-HQ-OAR-2013-0290 (NESHAP for Clay 
Ceramic Manufacturing). All documents in each docket are listed on the 
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> website. 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 form. 
Publicly available docket materials are available electronically 
through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. Out of an abundance of caution 
for members of the public and our staff, the EPA Docket Center and 
Reading Room are closed to the public, with limited exceptions, to 
reduce the risk of transmitting COVID-19. Our Docket Center staff will 
continue to provide remote customer service via email, phone, and 
webform. For further information on EPA Docket Center services and the 
current status, please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Mr. Brian Storey, 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) 541-1103; fax number: (919) 541-4991; and email 
address: <a href="/cdn-cgi/l/email-protection#c7b4b3a8b5a2bee9a5b5aea6a987a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="4437302b36213d6a26362d252a042134256a232b32">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Summary of This Action

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. The EPA has determined 
that for this action, there is good cause for making these technical 
corrections final without a prior proposal and the opportunity for 
comment because the Agency is correcting minor errors that do not 
substantially change the Agency action taken in each of the four final 
rules discussed. These technical corrections will ensure that the 
regulatory text agrees with the description of the rule that the EPA 
provided in the final rule preamble for each of the four rules 
discussed in this action. Thus, notice and comment public procedures 
are unnecessary. The Agency finds that this constitutes a good cause 
under 5 U.S.C. 553(b)(3)(B). See also the final sentence of section 
307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating 
that the good cause provisions in subsection 553(b) of the APA continue 
to apply to this type of rulemaking under section 307(d) of the CAA. 
Refer to sections I.A through I.D of this preamble for a more detailed 
discussion of the goof cause rationale for each rule.

A. Summary of Technical Corrections to the NESHAP for Surface Coating 
of Automobiles and Light-Duty Trucks and Incorporation by Reference

    In the July 8, 2020, final rule (85 FR 41100) the EPA included 
reference to the document, Protocol for Determining the Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Topcoat, published December 1988 (EPA-450/3-88-018). This document was 
found to be out-of-date. In this action, the EPA is amending the rule 
to refer to the document, Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Primer-Surfacer and Topcoat, published September 2008 (EPA-453/R-08-
002). This protocol determines the daily VOC emission rate (pounds of 
VOC per gallon of coating solids deposited) for a complete auto and 
light duty truck topcoat operation. The EPA has made, and will continue 
to make, the EPA document generally available electronically through 
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and at the appropriate EPA office (see the 
ADDRESSES section of this preamble for more information). A copy of the 
red line version of the corrected rule language is available in Docket 
ID No. EPA-HQ-OAR-2019-0314. The intent of the rule remains unchanged 
by correcting the reference. The protocols provided by the revised 
September 2008 document (EPA-453/R-08-002) are consistent with the 
protocols of the December 1988 document (EPA-450/3-88-018); therefore, 
the EPA finds good cause to make the correction in this direct final 
action.

B. Summary of Technical Corrections to the NESHAP for Surface Coating 
of Metal Cans

    The publication of the February 25, 2020, final rule (85 FR 10828) 
inadvertently deleted Equation 1 of the rule from the text of the Code 
of Federal Regulations. This equation was not intended to be deleted. 
In this action, the EPA is restoring the deleted equation and the 
associated definitions to Sec.  63.3541(h). A red line version of the 
corrected rule language is available in Docket ID No. EPA-HQ-OAR-2017-
0684. Equation 1 is used to calculate organic HAP emission reductions 
from controlled coating operations not using

[[Page 66039]]

liquid-liquid material balances. Equation 1 was not part of the 2020 
final rule amendments and was already in the rule prior to the 
amendments. Section 63.3541(h) of the rule references Equation 1, and 
without the equation, the reference is incomplete; therefore, the EPA 
finds good cause to make the correction in this direct final action.

C. Summary of Technical Corrections to the NESHAP for Boat 
Manufacturing

    Table 8 of the March 20, 2020, final rule (85 FR 15960) included 
specific references to the general provisions of 40 CFR part 63, 
subpart A. After promulgation, the EPA found that Table 8 indicates 
that 40 CFR 63.6(f) applies to the rule, but, in fact, section 
63.6(f)(1) includes start-up, shutdown, and malfunction (SSM) language 
that has been vacated by the D.C. Circuit and the EPA stated in the 
preamble the Agency intended to remove from the Boat Manufacturing 
NESHAP (85 FR at 15963 and 15967-68). In this action, the EPA is 
revising Table 8 to indicate Sec.  63.6(f)(1) does not apply. A red 
line version of the corrected rule language is available in Docket ID 
No. EPA-HQ-OAR-2016-0447. The correction to the reference in Table 8 
only corrects the reference to subpart A and does not change the 
requirement to comply with emission limits of the rule at all times, as 
addressed in the proposed and final rule preamble. These corrections 
will ensure that the regulatory text agrees with the description of the 
rule that was provided in the final rule preamble; therefore, the EPA 
finds good cause to make the correction in this direct final action.

D. Summary of Technical Corrections to the NESHAP for Clay Ceramic 
Manufacturing

    Following signature of the November 1, 2019, final rule (84 FR 
58601), the EPA discovered inadvertent errors in Table 2 of the rule. 
In several instances, the rows of the table were misaligned when 
published. Table 2 of the rule provides operating limits for regulated 
emission sources and their various control technology configurations 
and includes three columns. As a result of the error in publication, 
several of the control technologies identified in the rightmost column 
(column 3) were misaligned with the sources identified in the leftmost 
column (column 1), so that they no longer were appropriate or relevant. 
In this action, the EPA is correcting the table to ensure the control 
technology information is relevant to the appropriate source. In 
addition, the EPA's Electronic Reporting Tool (ERT) URL included a 
typographical error rendering the weblink, as written in the rule text, 
inoperable. This action corrects the URL of the weblink to ensure 
accessibility of the tool. A red line version of the corrected rule 
language is available in Docket ID No. EPA-HQ-OAR-2013-0290. The 
corrections to Table 8 and to the URL do not affect the standards of 
the rule, and only ensure the information provided is accurate and 
relevant; therefore, the EPA finds good cause to make the correction in 
this direct final action.

II. Summary of Cost, Environmental, and Economic Impacts

    This action will have no cost, environmental, energy, or economic 
impacts beyond those impacts presented in the July 8, 2020, NESHAP for 
Surface Coating of Automobiles and Light-Duty Trucks final rule (85 FR 
41100), the February 25, 2020, NESHAP for Surface Coating of Metal Cans 
final rule (85 FR 10828), the March 20, 2020, NESHAP for Boat 
Manufacturing final rule (85 FR 15960), and the October 26, 2015 NESHAP 
for Clay Ceramics Manufacturing final rule (84 FR 58601). The technical 
corrections are cost neutral.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

Joseph Goffman,
Office of Air and Radiation, Acting Assistant Administrator.

    For the reasons set out in the preamble, 40 CFR part 63 is 
corrected as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by revising paragraph (n)(1) to read as 
follows:


Sec.  63.14   Incorporations by reference.

* * * * *
    (n) * * *
    (1) EPA-453/R-08-002, Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Primer-Surfacer and Topcoat, published September 2008, IBR approved for 
Sec. Sec.  63.3130(c), 63.3161(d) and (g), 63.3165(e), and appendix A 
to subpart IIII.
* * * * *

Subpart IIII--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

0
3. Section 63.3130 is amended by revising paragraphs (c)(4) and (5) to 
read as follows:


Sec.  63.3130   What records must I keep?

* * * * *
    (c) * * *
    (4) A record of the calculation of the organic HAP emission rate 
for electrodeposition primer, primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) for each month if subject to the emission limit of Sec.  
63.3090(a) or Sec.  63.3091(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in the ``Protocol for Determining the Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and 
Topcoat'' EPA-453/R-08-002 (incorporated by reference, see Sec.  
63.14), are used, you must keep records of all data input to this 
protocol. If these data are maintained as electronic files, the 
electronic files, as well as any paper copies must be maintained. These 
data must be provided to the permitting authority on request on paper, 
and in (if calculations are done electronically) electronic form.
    (5) A record of the calculation of the organic HAP emission rate 
for primer-surfacer, topcoat, final repair, glass bonding primer, and 
glass bonding adhesive plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) for each month if 
subject to the emission limit of Sec.  63.3090(b) or Sec.  63.3091(b), 
and a record of the weight fraction of each organic HAP in each 
material added to the electrodeposition primer system if subject to the 
limitations of Sec.  63.3092(a). This record

[[Page 66040]]

must include all raw data, algorithms, and intermediate calculations. 
If the guidelines presented in the ``Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by 
reference, see Sec.  63.14), are used, you must keep records of all 
data input to this protocol. If these data are maintained as electronic 
files, the electronic files, as well as any paper copies must be 
maintained. These data must be provided to the permitting authority on 
request on paper, and in (if calculations are done electronically) 
electronic form.
* * * * *

0
4. Section 63.3161 is amended by revising paragraphs (d) and (g) to 
read as follows:


Sec.  63.3161   How do I demonstrate initial compliance?

* * * * *
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (o) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.3090(a) or Sec.  
63.3091(a). You may also use the guidelines presented in ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/
R-08-002 (incorporated by reference, see Sec.  63.14) in making this 
demonstration.
* * * * *
    (g) Determine the transfer efficiency for each coating. You must 
determine the transfer efficiency for each primer-surfacer and topcoat 
coating, and for all coatings, except for deadener and for adhesive and 
sealer that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) using ASTM Method D5066-91 (Reapproved 2017), ``Standard 
Test Method for Determination of the Transfer Efficiency 
UnderProduction Conditions for Spray Application of Automotive Paints-
Weight Basis'' (incorporated by reference, see Sec.  63.14), or the 
guidelines presented in ``Protocol for Determining the Daily Volatile 
Organic Compound Emission Rate of Automobile and Light-Duty Truck 
Primer-Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by 
reference, see Sec.  63.14). You may conduct transfer efficiency 
testing on representative coatings and for representative spray booths 
as described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec.  63.14). You may assume 100 percent transfer efficiency for 
electrodeposition primer coatings, glass bonding primers, and glass 
bonding adhesives. For final repair coatings, you may assume 40 percent 
transfer efficiency for air atomized spray and 55 percent transfer 
efficiency for electrostatic spray and high volume, low pressure spray. 
For blackout, chip resistant edge primer, interior color, inline 
repair, lower body anti-chip coatings, or underbody anti-chip coatings, 
you may assume 40 percent transfer efficiency for air atomized spray, 
55 percent transfer efficiency for electrostatic spray and high volume-
low pressure spray, and 80 percent transfer efficiency for airless 
spray.
* * * * *

0
5. Section 63.3165 is amended by:
0
a. Revising paragraph (e) introductory text, and
0
b. In Equation 6 of paragraph (e)(2), Equation 7 of paragraph (e)(3), 
and Equation 8 of paragraph (e)(4) remove the text `Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018'', 
and add, in its place, the text ``Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Primer-Surfacer and Topcoat, EPA-453/R-08-002''.
    The revision reads as follows:


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

* * * * *
    (e) Panel testing to determine the capture efficiency of flash-off 
or bake oven emissions. You may conduct panel testing to determine the 
capture efficiency of flash-off or bake oven emissions using ASTM 
Method D5087-02, ``Standard Test Method for Determining Amount of 
Volatile Organic Compound (VOC) Released from Solventborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement)'' (incorporated by reference, see Sec.  63.14), ASTM Method 
D6266-00a (2017), ``Test Method for Determining the Amount of Volatile 
Organic Compound (VOC) Released from Waterborne Automotive Coatings and 
Available for Removal in a VOC Control Device (Abatement)'' 
(incorporated by reference, see Sec.  63.14), or the guidelines 
presented in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec.  63.14). You may conduct panel testing on representative coatings 
as described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, see 
Sec.  63.14).
* * * * *

0
6. Amend Appendix A to subpart IIII of part 63 by:
0
a. Revising paragraphs 2.1 and 2.2 of section 2.0, and
0
b. In section 4.0:
0
i. Revising paragraph 4.1; and
0
ii. In section 4.2 Equation A-4, remove the text ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018'', 
and add, in its place, the text ``Protocol for Determining the Daily 
Volatile Organic Compound Emission Rate of Automobile and Light-Duty 
Truck Primer-Surfacer and Topcoat,EPA-453/R-08-002''.
    The revisions read as follows:

Appendix A to Subpart IIII of Part 63--Determination of Capture 
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions 
From Solvent-Borne Coatings Using Panel Testing

* * * * *
    2.1 You may conduct panel testing to determine the capture 
efficiency of spray booth emissions. You must follow the 
instructions and calculations in this appendix A, and use the panel 
testing procedures in ASTM Method D5087-02, ``Standard Test Method 
for Determining Amount of Volatile Organic Compound (VOC) Released 
from Solvent-borne Automotive Coatings and Available for Removal in 
a VOC Control Device (Abatement)'' (incorporated by reference, see 
Sec.  63.14), or the guidelines presented in ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-
453/R-08-002 (incorporated by reference, see Sec.  63.14). You must 
weigh panels at the points described in section 2.5 of this appendix 
A and perform calculations as described in sections 3 and 4 of this 
appendix A. You may conduct panel tests on the production paint line 
in your facility or in a laboratory simulation of the production 
paint line in your facility.
    2.2 You may conduct panel testing on representative coatings as 
described in ``Protocol for Determining the Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Primer-
Surfacer and Topcoat'' EPA-453/R-08-002 (incorporated by reference, 
see Sec.  63.14). If you panel test representative coatings, then 
you may calculate either a unique percent

[[Page 66041]]

capture efficiency value for each coating grouped with that 
representative coating, or a composite percent capture efficiency 
value for the group of coatings. If you panel test each coating, 
then you must convert the panel test result for each coating to a 
unique percent capture efficiency value for that coating.
* * * * *
    4.1 If you panel test representative coatings, then you may 
convert the panel test result for each representative coating from 
section 3.3 of this appendix A either to a unique percent capture 
efficiency value for each coating grouped with that representative 
coating by using coating specific values for the mass fraction 
coating solids and mass fraction VOC in section 4.2 of this appendix 
A, or to a composite percent capture efficiency value for the group 
of coatings by using the average values for the group of coatings 
for mass fraction coating solids and mass fraction VOC in section 
4.2 of this appendix A. If you panel test each coating, then you 
must convert the panel test result for each coating to a unique 
percent capture efficiency value by using coating specific values 
for the mass fraction coating solids and mass fraction VOC in 
section 4.2 of this appendix A. The mass fraction of VOC in the 
coating and the mass fraction of solids in the coating must be 
determined by Method 24 (appendix A-7 to 40 CFR part 60) or by 
following the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
the Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Primer-Surfacer and Topcoat'' EPA-453/R-08-002 
(incorporated by reference, see Sec.  63.14).
* * * * *

Subpart KKKK--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans

0
7. Section 63.3541 is amended by revising paragraph (h) to read as 
follows:


Sec.  63.3541   How do I demonstrate initial compliance?

* * * * *
    (h) Calculate the organic HAP emission reduction for each 
controlled coating operation not using liquid-liquid material balances. 
For each controlled coating operation using an emission capture system 
and add-on control device, other than a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction, using Equation 1 of this section. The 
calculation applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
coatings and thinners that are used in the coating operation served by 
the emission capture system and add-on control device during each 
month. For any period of time a deviation specified in Sec.  63.3542(c) 
or (d) occurs in the controlled coating operation, you must assume zero 
efficiency for the emission capture system and add-on control device, 
unless you have other data indicating the actual efficiency of the 
emission capture system and add-on control device, and the use of these 
data has been approved by the Administrator. Equation 1 of this section 
treats the materials used during such a deviation as if they were used 
on an uncontrolled coating operation for the time period of the 
deviation.
[GRAPHIC] [TIFF OMITTED] TR18NO21.081

Where:

H<INF>c</INF> = Mass of organic HAP emission reduction for the 
controlled coating operation during the month, kg.
A<INF>c</INF> = Total mass of organic HAP in the coatings used in 
the controlled coating operation during the month, kg, as calculated 
in Equation 1A of this section.
B<INF>c</INF> = Total mass of organic HAP in the thinners used in 
the controlled coating operation during the month, kg, as calculated 
in Equation 1B of this section.
H<INF>unc</INF> = Total mass of organic HAP in the coatings and 
thinners used during all deviations specified in Sec.  63.3542(c) 
and (d) that occurred during the month in the controlled coating 
operation, kg, as calculated in Equation 1C of this section.
CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Sec. Sec.  63.3543 and 63.3544 to measure and record 
capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
control device, percent. Use the test methods and procedures in 
Sec. Sec.  63.3543 and 63.3545 to measure and record the organic HAP 
destruction or removal efficiency.
* * * * *

Subpart VVVV--National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing

0
8. Table 8 to subpart VVVV of part 63 is revised to read as follows:

Table 8 to Subpart VVVV of Part 63--Applicability of General Provisions 
(40 CFR Part 63, Subpart A) to Subpart VVVV

    As specified in Sec.  63.5773, you must comply with the applicable 
requirements of the General Provisions according to the following 
table:

----------------------------------------------------------------------------------------------------------------
                Citation                       Requirement       Applies to  subpart VVVV       Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)..........................  General Applicability  Yes.                      .....................
Sec.   63.1(b)..........................  Initial Applicability  Yes.                      .....................
                                           Determination.
Sec.   63.1(c)(1).......................  Applicability After    Yes.                      .....................
                                           Standard Established.
Sec.   63.1(c)(2).......................  .....................  Yes.....................  Area sources are not
                                                                                            regulated by subpart
                                                                                            VVVV.
Sec.   63.1(c)(3).......................  .....................  No......................  [Reserved].
Sec.   63.1(c)(4)-(5)...................  .....................  Yes.                      .....................
Sec.   63.1(d)..........................  .....................  No......................  [Reserved].
Sec.   63.1(e)..........................  Applicability of       Yes.                      .....................
                                           Permit Program.
Sec.   63.2.............................  Definitions..........  Yes.....................  Additional
                                                                                            definitions are
                                                                                            found in Sec.
                                                                                            63.5779.
Sec.   63.3.............................  Units and              Yes.                      .....................
                                           Abbreviations.
Sec.   63.4(a)..........................  Prohibited Activities  Yes.                      .....................
Sec.   63.4(b)-(c)......................  Circumvention/         Yes.                      .....................
                                           Severability.
Sec.   63.5(a)..........................  Construction/          Yes.                      .....................
                                           Reconstruction.
Sec.   63.5(b)..........................  Requirements for       Yes.                      .....................
                                           Existing, Newly
                                           Constructed, and
                                           Reconstructed
                                           Sources.

[[Page 66042]]

 
Sec.   63.5(c)..........................  .....................  No......................  [Reserved].
Sec.   63.5(d)..........................  Application for        Yes.                      .....................
                                           Approval of
                                           Construction/
                                           Reconstruction.
Sec.   63.5(e)..........................  Approval of            Yes.                      .....................
                                           Construction/
                                           Reconstruction.
Sec.   63.5(f)..........................  Approval of            Yes.                      .....................
                                           Construction/
                                           Reconstruction Based
                                           on prior State
                                           Review.
Sec.   63.6(a)..........................  Compliance with        Yes.                      .....................
                                           Standards and
                                           Maintenance
                                           Requirements--Applic
                                           ability.
Sec.   63.6(b)..........................  Compliance Dates for   Yes.....................  Sec.   63.695
                                           New and                                          specifies compliance
                                           Reconstructed                                    dates, including the
                                           Sources.                                         compliance date for
                                                                                            new area sources
                                                                                            that become major
                                                                                            sources after the
                                                                                            effective date of
                                                                                            the rule.
Sec.   63.6(c)..........................  Compliance Dates for   Yes.....................  Sec.   63.5695
                                           Existing Sources.                                specifies compliance
                                                                                            dates, including the
                                                                                            compliance date for
                                                                                            existing area
                                                                                            sources that become
                                                                                            major sources after
                                                                                            the effective date
                                                                                            of the rule.
Sec.   63.6(d)..........................  .....................  No......................  [Reserved].
Sec.   63.6(e)(1)-(2)...................  Operation and          No......................  Operating
                                           Maintenance                                      requirements for
                                           Requirements.                                    open molding
                                                                                            operations with add-
                                                                                            on controls are
                                                                                            specified in Sec.
                                                                                            63.5725.
Sec.   63.6(e)(3).......................  Startup, Shut Down,    No......................  Only sources with add-
                                           and Malfunction                                  on controls must
                                           Plans.                                           complete startup,
                                                                                            shutdown, and
                                                                                            malfunction plans.
Sec.   63.6(f)(1).......................  .....................  No.                       .....................
Sec.   63.6(f)(2)-(3)...................  Compliance with        Yes.                      .....................
                                           Nonopacity Emission
                                           Standards.
Sec.   63.6(g)..........................  Use of an Alternative  Yes.                      .....................
                                           Nonopacity Emission
                                           Standard.
Sec.   63.6(h)..........................  Compliance with        No......................  Subpart VVVV does not
                                           Opacity/Visible                                  specify opacity or
                                           Emissions Standards.                             visible emission
                                                                                            standards.
Sec.   63.6(i)..........................  Extension of           Yes.                      .....................
                                           Compliance with
                                           Emission Standards.
Sec.   63.6(j)..........................  Exemption from         Yes.                      .....................
                                           Compliance with
                                           Emission Standards.
Sec.   63.7(a)(1).......................  Performance Test       Yes.                      .....................
                                           Requirements.
Sec.   63.7(a)(2).......................  Dates for performance  No......................  Sec.   63.5716
                                           tests.                                           specifies
                                                                                            performance test
                                                                                            dates.
Sec.   63.7(a)(3).......................  Performance testing    Yes.                      .....................
                                           at other times.
Sec.   63.7(b)-(h)......................  Other performance      Yes.                      .....................
                                           testing requirements.
Sec.   63.8(a)(1)-(2)...................  Monitoring             Yes.....................  All of Sec.   63.8
                                           Requirements--Applic                             applies only to
                                           ability.                                         sources with add-on
                                                                                            controls. Additional
                                                                                            monitoring
                                                                                            requirements for
                                                                                            sources with add-on
                                                                                            controls are found
                                                                                            in Sec.   63.5725.
Sec.   63.8(a)(3).......................  .....................  No......................  [Reserved].
Sec.   63.8(a)(4).......................  .....................  No......................  Subpart VVVV does not
                                                                                            refer directly or
                                                                                            indirectly to Sec.
                                                                                            63.11.
Sec.   63.8(b)(1).......................  Conduct of Monitoring  Yes.                      .....................
Sec.   63.8(b)(2)-(3)...................  Multiple Effluents     Yes.....................  Applies to sources
                                           and CMS.                                         that use a CMS on
                                                                                            the control device
                                                                                            stack.
Sec.   63.8(c)(1)(i) and (iii)..........  CMS Operation and      No......................  References to
                                           Maintenance.                                     startup, shutdown,
                                                                                            malfunction are not
                                                                                            applicable.
Sec.   63.8(c)(1)-(4)...................  CMS Operation and      Yes.....................  Except those
                                           Maintenance.                                     provisions in Sec.
                                                                                            63.8(c)(1)(i) and
                                                                                            (iii) as noted
                                                                                            above.
Sec.   63.8(c)(5).......................  Continuous Opacity     No......................  Subpart VVVV does not
                                           Monitoring Systems                               have opacity or
                                           (COMS).                                          visible emission
                                                                                            standards.
Sec.   63.8(c)(6)-(8)...................  CMS Calibration        Yes.                      .....................
                                           Checks and Out-of-
                                           Control Periods.
Sec.   63.8(d)..........................  Quality Control        Yes.....................  Except those
                                           Program.                                         provisions of Sec.
                                                                                            63.8(d)(3) regarding
                                                                                            a startup, shutdown,
                                                                                            malfunction plan as
                                                                                            noted below.
Sec.   63.8(d)(3).......................  Quality Control        No......................  No requirement for a
                                           Program.                                         startup, shutdown,
                                                                                            malfunction plan.
Sec.   63.8(e)..........................  CMS Performance        Yes.                      .....................
                                           Evaluation.
Sec.   63.8(f)(1)-(5)...................  Use of an Alternative  Yes.                      .....................
                                           Monitoring Method.
Sec.   63.8(f)(6).......................  Alternative to         Yes.....................  Applies only to
                                           Relative Accuracy                                sources that use
                                           Test.                                            continuous emission
                                                                                            monitoring systems
                                                                                            (CEMS).
Sec.   63.8(g)..........................  Data Reduction.......  Yes.                      .....................
Sec.   63.9(a)..........................  Notification           Yes.                      .....................
                                           Requirements--Applic
                                           ability.
Sec.   63.9(b)..........................  Initial Notifications  Yes.                      .....................
Sec.   63.9(c)..........................  Request for            Yes.                      .....................
                                           Compliance Extension.
Sec.   63.9(d)..........................  Notification That a    Yes.                      .....................
                                           New Source Is
                                           Subject to Special
                                           Compliance
                                           Requirements.
Sec.   63.9(e)..........................  Notification of        Yes.....................  Applies only to
                                           Performance Test.                                sources with add-on
                                                                                            controls.

[[Page 66043]]

 
Sec.   63.9(f)..........................  Notification of        No......................  Subpart VVVV does not
                                           Visible Emissions/                               have opacity or
                                           Opacity Test.                                    visible emission
                                                                                            standards.
Sec.   63.9(g)(1).......................  Additional CMS         Yes.....................  Applies only to
                                           Notifications--Date                              sources with add-on
                                           of CMS Performance                               controls.
                                           Evaluation.
Sec.   63.9(g)(2).......................  Use of COMS Data.....  No......................  Subpart VVVV does not
                                                                                            require the use of
                                                                                            COMS.
Sec.   63.9(g)(3).......................  Alternative to         Yes.....................  Applies only to
                                           Relative Accuracy                                sources with CEMS.
                                           Testing.
Sec.   63.9(h)..........................  Notification of        Yes.                      .....................
                                           Compliance Status.
Sec.   63.9(i)..........................  Adjustment of          Yes.                      .....................
                                           Deadlines.
Sec.   63.9(j)..........................  Change in Previous     Yes.                      .....................
                                           Information.
Sec.   63.10(a).........................  Recordkeeping/         Yes.                      .....................
                                           Reporting--Applicabi
                                           lity.
Sec.   63.10(b)(1)......................  General Recordkeeping  Yes.....................  Sec.  Sec.   63.567
                                           Requirements.                                    and 63.5770 specify
                                                                                            additional
                                                                                            recordkeeping
                                                                                            requirements.
Sec.   63.10(b)(2)(i), (iii), (vi)-(xiv)  General Recordkeeping  Yes.                      .....................
                                           Requirements.
Sec.   63.10(b)(2)(ii), (iv), (v).......  Recordkeeping          No.                       .....................
                                           Relevant to Startup,
                                           Shutdown, and
                                           Malfunction Periods.
Sec.   63.10(b)(3)......................  Recordkeeping          Yes.....................  Sec.   63.5686
                                           Requirements for                                 specifies
                                           Applicability                                    applicability
                                           Determinations.                                  determinations for
                                                                                            non-major sources.
Sec.   63.10(c)(1)-(14).................  Additional             Yes.....................  Applies only to
                                           Recordkeeping for                                sources with add-on
                                           Sources with CMS.                                controls.
Sec.   63.10(c)(15).....................  Additional             No......................  No requirement for a
                                           Recordkeeping for                                startup, shutdown,
                                           Sources with CMS.                                malfunction plan.
Sec.   63.10(d)(1)......................  General Reporting      Yes.....................  Sec.   63.5764
                                           Requirements.                                    specifies additional
                                                                                            reporting
                                                                                            requirements.
Sec.   63.10(d)(2)......................  Performance Test       Yes.....................  Sec.   63.5764
                                           Results.                                         specifies additional
                                                                                            requirements for
                                                                                            reporting
                                                                                            performance test
                                                                                            results.
Sec.   63.10(d)(3)......................  Opacity or Visible     No......................  Subpart VVVV does not
                                           Emissions                                        specify opacity or
                                           Observations.                                    visible emission
                                                                                            standards.
Sec.   63.10(d)(4)......................  Progress Reports for   Yes.                      .....................
                                           Sources with
                                           Compliance
                                           Extensions.
Sec.   63.10(d)(5)......................  Startup, Shutdown,     No......................  Applies only to
                                           and Malfunction                                  sources with add-on
                                           Reports.                                         controls.
Sec.   63.10(e)(1)......................  Additional CMS         Yes.....................  Applies only to
                                           Reports--General.                                sources with add-on
                                                                                            controls.
Sec.   63.10(e)(2)......................  Reporting Results of   Yes.....................  Applies only to
                                           CMS Performance                                  sources with add-on
                                           Evaluations.                                     controls.
Sec.   63.10(e)(3)......................  Excess Emissions/CMS   Yes.....................  Applies only to
                                           Performance Reports.                             sources with add-on
                                                                                            controls.
Sec.   63.10(e)(4)......................  COMS Data Reports....  No......................  Subpart VVVV does not
                                                                                            specify opacity or
                                                                                            visible emission
                                                                                            standards.
Sec.   63.10(f).........................  Recordkeeping/         Yes.                      .....................
                                           Reporting Waiver.
Sec.   63.11............................  Control Device         No......................  Facilities subject to
                                           Requirements--Applic                             subpart VVVV do not
                                           ability.                                         use flares as
                                                                                            control devices.
Sec.   63.12............................  State Authority and    Yes.....................  Sec.   63.5776 lists
                                           Delegations.                                     those sections of
                                                                                            subpart A that are
                                                                                            not delegated.
Sec.   63.13............................  Addresses............  Yes.                      .....................
Sec.   63.14............................  Incorporation by       Yes.                      .....................
                                           Reference.
Sec.   63.15............................  Availability of        Yes.                      .....................
                                           Information/
                                           Confidentiality.
----------------------------------------------------------------------------------------------------------------

Subpart KKKKK--National Emission Standards for Hazardous Air 
Pollutants for Clay Ceramics Manufacturing

0
9. Section 63.8635 is amended by revising (g)(1) to read as follows:


Sec.  63.8635   What reports must I submit and when?

* * * * *
    (g) * * *
    (1) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(<a href="https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert">https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert</a>) at the time of the test, you must submit the 
results of the performance test to the EPA via the Compliance and 
Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (<a href="https://cdx.epa.gov/">https://cdx.epa.gov/</a>).) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT website. If you claim that some of the performance test 
information being submitted is confidential business information (CBI), 
you must submit a complete file generated through the use of the EPA's 
ERT or an alternate electronic file consistent with the XML schema 
listed on the EPA's ERT website, including information claimed to be 
CBI, on a compact disc, flash drive, or other commonly used electronic 
storage media to the EPA. The electronic media must be clearly marked 
as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group 
Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., 
Durham, NC 27703. The same ERT or alternate file with the CBI omitted 
must be submitted to the EPA via the EPA's CDX as described earlier in 
this paragraph (g)(1).
* * * * *

0
10. Table 2 to subpart KKKKK of part 63 is revised to read as follows:

Table 2 to Subpart KKKKK of Part 63--Operating Limits

    As stated in Sec.  63.8555, you must meet each operating limit in 
the following table that applies to you:

[[Page 66044]]



----------------------------------------------------------------------------------------------------------------
            For each . . .                           You must . . .                      Or you must . . .
----------------------------------------------------------------------------------------------------------------
1. Tunnel or roller kiln equipped with  a. If you use a bag leak detection        i. Maintain no VE from the
 a DIFF or DLS/FF..                      system, initiate corrective action        DIFF or DLS/FF stack; or
                                         within 1 hour of a bag leak detection    ii. Maintain your kiln
                                         system alarm and complete corrective      operating temperature within
                                         actions in accordance with your OM&M      the range of acceptable
                                         plan; operate and maintain the fabric     temperatures (i.e.,
                                         filter such that the alarm is not         temperature profile)
                                         engaged for more than 5 percent of the    established for each kiln and
                                         total operating time in a 6-month block   product.
                                         reporting period; and
                                        b. Maintain free-flowing lime in the
                                         feed hopper or silo and to the APCD at
                                         all times for continuous injection
                                         systems; maintain the feeder setting
                                         (on a per ton of throughput basis) at
                                         or above the level established during
                                         the performance test for continuous
                                         injection systems in which compliance
                                         was demonstrated..
2. Tunnel or roller kiln equipped with  a. Maintain the average scrubber liquid
 a WS..                                  pH for each 3-hour block period at or
                                         above the average scrubber liquid pH
                                         established during the HF/HCl
                                         performance test in which compliance
                                         was demonstrated; and
                                        b. Maintain the average scrubber liquid
                                         flow rate for each 3-hour block period
                                         at or above the highest average
                                         scrubber liquid flow rate established
                                         during the HF/HCl and PM performance
                                         tests in which compliance was
                                         demonstrated..
3. Tunnel or roller kiln equipped with  Maintain the 3-hour block average carbon
 an ACI system..                         flow rate at or above the highest
                                         average carbon flow rate established
                                         during the Hg and dioxin/furan
                                         performance tests in which compliance
                                         was demonstrated.
4. Tunnel or roller kiln intending to   Maintain the average operating
 comply with dioxin/furan emission       temperature for each 12-hour block
 limit without an ACI system.            period at or below the highest
                                         operating temperature established
                                         during the dioxin/furan performance
                                         test in which compliance was
                                         demonstrated
5. Tunnel or roller kiln with no add-   a. Maintain no VE from the stack; and     i. Maintain your kiln
 on control.                            b. Maintain the kiln process rate at or    operating temperature within
                                         below the kiln process rate determined    the range of acceptable
                                         according to Sec.   63.8595(g)(1) if      temperatures (i.e.,
                                         your total facility maximum potential     temperature profile)
                                         HCl-equivalent emissions are greater      established for each kiln and
                                         than the HCl-equivalent limit in Table    product.
                                         1 to this subpart; and.
                                        c. Maintain the average operating
                                         temperature for each 12-hour block
                                         period at or below the highest
                                         operating temperature established
                                         during the dioxin/furan performance
                                         test in which compliance was
                                         demonstrated..
6. Glaze spray operation equipped with  a. If you use a bag leak detection        i. Maintain no VE from the FF
 a FF.                                   system, initiate corrective action        stack.
                                         within 1 hour of a bag leak detection
                                         system alarm and complete corrective
                                         actions in accordance with your OM&M
                                         plan; operate and maintain the fabric
                                         filter such that the alarm is not
                                         engaged for more than 5 percent of the
                                         total operating time in a 6-month block
                                         reporting period.
7. Glaze spray operation equipped with  a. Maintain the average scrubber
 a WS..                                  pressure drop for each 3-hour block
                                         period at or above the average pressure
                                         drop established during the PM
                                         performance test in which compliance
                                         was demonstrated; and
                                        b. Maintain the average scrubber liquid
                                         flow rate for each 3-hour block period
                                         at or above the average scrubber liquid
                                         flow rate established during the PM
                                         performance test in which compliance
                                         was demonstrated..
8. Glaze spray operation equipped with  a. Conduct daily inspections to verify
 a water curtain..                       the presence of water flow to the wet
                                         control system; and
                                        b. Conduct annual inspections of the
                                         interior of the control equipment (if
                                         applicable) to determine the structural
                                         integrity and condition of the control
                                         equipment..
9. Glaze spray operation equipped with  Conduct an annual visual inspection of
 baffles.                                the baffles to confirm the baffles are
                                         in place.
10. Spray dryer.......................  Maintain the average operating
                                         temperature for each 4-hour block
                                         period at or above the average
                                         temperature established during the
                                         dioxin/furan performance test in which
                                         compliance was demonstrated.
11. Floor tile press dryer............  Maintain the average operating
                                         temperature for each 4-hour block
                                         period at or below the average
                                         temperature established during the
                                         dioxin/furan performance test in which
                                         compliance was demonstrated.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-24099 Filed 11-18-21; 8:45 am]
BILLING CODE 6560-50-P


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