40 CFR 63.4321 - How do I demonstrate initial compliance with the emission limitations?

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There are 2 Updates appearing in the Federal Register for 40 CFR 63. View below or at eCFR (GPOAccess)
§ 63.4321 How do I demonstrate initial compliance with the emission limitations?
(a) You may use the compliant material option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all the web coating/printing operations in the affected source. You must use either the emission rate without add-on controls option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for any web coating/printing operation(s) in the affected source for which you do not use this option. For a web coating/printing affected source to demonstrate initial compliance using the compliant material option, the web coating/printing operation or group of web coating/printing operations must apply no coating or printing material with an organic HAP content that exceeds the applicable emission limit in Table 1 to this subpart and must apply only thinning or cleaning material that contains no organic HAP, as defined in § 63.4371.
(b) You must use the compliant material option for each slashing affected source, as required in Table 1 to this subpart. For a slashing affected source to demonstrate initial compliance using the compliant material option, the slashing operation or group of slashing operations must apply only slashing material with no organic HAP as defined in § 63.4371.
(c) You may use the compliant material option for any individual dyeing/finishing operation, for any group of dyeing/finishing operations in the affected source, or for all the dyeing/finishing operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any dyeing/finishing operations in the affected source for which you do not use this option. You may not use the compliant material option for any dyeing/finishing operation in a dyeing/finishing affected source for which you use the equivalent emission rate option. For a dyeing/finishing affected source to demonstrate initial compliance using the compliant material option, the dyeing/finishing operation or group of dyeing/finishing operations must apply no dyeing or finishing material with a mass fraction of organic HAP that exceeds the applicable emission limit in Table 1 to this subpart.
(d) Any web coating/printing operation, slashing operation, or dyeing/finishing operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.4292 and 63.4293, respectively.
(e) To demonstrate initial compliance with the emission limitations using the compliant material option, you must meet all the requirements of this section for any web coating/printing operation, slashing operation, or dyeing/finishing operation using this option. Use the applicable procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the organic HAP content of regulated materials that are reclaimed onsite and reused in the web coating/printing operation, slashing operation, or dyeing/finishing operation for which you use the compliant material option, provided these regulated materials in their condition as received were demonstrated to comply with the compliant material option.
(1) Determine the mass fraction of organic HAP for each material. You must determine the mass fraction of organic HAP for each regulated material applied during the compliance period by using one of the options in paragraphs (e)(1)(i) through (v) of this section. You must use the option in paragraph (e)(1)(iv) of this section for each printing, slashing, dyeing, or finishing material applied during the compliance period.
(i) Method 311 (appendix A to 40 CFR part 63). You may use Method 311 for determining the mass fraction of organic HAP. Use the procedures specified in paragraphs (e)(1)(i)(A) and (B) of this section when performing a Method 311 test.
(A) Count each organic HAP that is measured to be present at 0.1 percent by mass or more for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 percent of the material by mass, you don't have to count it. Express the mass fraction of each organic HAP you count as a value truncated to no more than four places after the decimal point (e.g., 0.3791).
(B) Calculate the total mass fraction of organic HAP in the regulated material being tested by adding up the individual organic HAP mass fractions and truncating the result to no more than three places after the decimal point (e.g., 0.763).
(ii) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP. For a multi-component coating with reactive chemicals, you may use Method 24 on the coating as applied to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for the mass fraction of organic HAP determined from the sum of organic HAP in each component.
(iii) Alternative method. You may use an alternative test method for determining the mass fraction of organic HAP, mass fraction of solids, or fraction of organic HAP emitted from a reactive coating once the Administrator has approved it. You must follow the procedure in § 63.7(f) to submit an alternative test method for approval.
(iv) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (e)(1)(i) through (iii) of this section, such as manufacturer's formulation data, if it represents each organic HAP that is present at 0.1 percent by mass or more for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the material by mass, you do not have to count it. If there is a disagreement between such information and results of a test conducted according to paragraphs (e)(1)(i) through (iii) of this section on coating, thinning, or cleaning material, then the test method results will take precedence. Information from the supplier or manufacturer of the printing, slashing, dyeing, or finishing material is sufficient for determining the mass fraction of organic HAP.
(v) Solvent blends. Solvent blends may be listed as single components for some materials in data provided by manufacturers or suppliers. Solvent blends may contain organic HAP which must be counted toward the total organic HAP mass fraction of the materials. When test data and manufacturer's data for solvent blends are not available, you may use the default values for the mass fraction of organic HAP in these solvent blends listed in Table 4 or 5 to this subpart. If you use the tables, you must use the values in Table 4 for all solvent blends that match Table 4 entries, and you may only use Table 5 if the solvent blends in the materials you use do not match any of the solvent blends in Table 4 and you only know whether the blend is aliphatic or aromatic. However, if the results of a Method 311 test indicate higher values than those listed on Table 4 or 5 to this subpart, the Method 311 results will take precedence.
(2) Determine the mass fraction of solids for each coating and printing material. You must determine the mass fraction of solids (kg of solids per kg of coating or printing material) for each coating material applied during the compliance period by a test or by information provided by the supplier or the manufacturer of the material, as specified in paragraphs (e)(2)(i) through (iii) of this section. If test results obtained according to paragraph (e)(2)(i) or (ii) of this section for a coating material do not agree with the information obtained under paragraph (e)(2)(iii) of this section, the test results will take precedence. To determine mass fraction of solids for each printing material applied during the compliance period, you should use information provided by the supplier or manufacturer of the material, as specified in paragraph (e)(2)(iii) of this section.
(i) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 for determining the mass fraction of solids of coating materials.
(ii) Alternative method. You may use an alternative test method for determining solids content of each coating material once the Administrator has approved it. You must follow the procedure in § 63.7(f) to submit an alternative test method for approval.
(iii) Information from the supplier or manufacturer of the material. You may obtain the mass fraction of solids for each coating and printing material from the supplier or manufacturer. If there is disagreement between such information and the test method results for a coating material, then the test method results will take precedence.
(3) Calculate the organic HAP content of each coating or printing material. Calculate the organic HAP content, kg organic HAP per kg of solids, of each coating and printing material applied during the compliance period, using Equation 1 of this section:
Where:
Hc = Organic HAP content of the coating or printing material, kg organic HAP per kg solids in the coating or printing material.
Wc = Mass fraction of organic HAP in the coating or printing material, kg organic HAP per kg material, determined according to paragraph (e)(1) of this section.
Wf = Mass fraction of solids in coating or printing material, kg solids per kg of coating or printing material, determined according to paragraph (e)(2) of this section.
(4) Compliance demonstration. The calculated organic HAP content for each coating and printing material applied during the initial compliance period must be less than or equal to the applicable emission limit in Table 1 to this subpart, and each thinning and cleaning material applied during the initial compliance period must contain no organic HAP as defined in § 63.4371. Each slashing material applied during the initial compliance period must contain no organic HAP as defined in § 63.4371. The mass fraction of organic HAP for each dyeing and finishing material applied during the initial compliance period, determined according to paragraph (e)(1)(iv) of this section, must be less than or equal to the applicable emission limit in Table 1 to this subpart. You must keep all records required by §§ 63.4312 and 63.4313. As part of the Notification of Compliance Status required in § 63.4310, you must:
(i) Identify any web coating/printing operation, slashing operation, and dyeing/finishing operation for which you used the compliant material option;
(ii) Submit a statement that the web coating/printing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied no coating and printing material for which the organic HAP content exceeds the applicable emission limit in Table 1 to this subpart, and you applied only thinning materials and cleaning materials that contained no organic HAP, as defined in § 63.4371;
(iii) Submit a statement that the slashing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied only slashing materials that contained no organic HAP, as defined in § 63.4371; and
(iv) Submit a statement that the dyeing/finishing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied no dyeing and finishing material for which the mass fraction of organic HAP exceeds the applicable emission limit in Table 1 to this subpart.

Title 40 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 40.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.
      40 CFR Parts 60 and 63

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United States Code

Title 40 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR 63 after this date.

  • 2014-08-15; vol. 79 # 158 - Friday, August 15, 2014
    1. 79 FR 48072 - NESHAP for Reciprocating Internal Combustion Engines; NSPS for Stationary Internal Combustion Engines
      GPO FDSys XML | Text
      ENVIRONMENTAL PROTECTION AGENCY
      Notice of final decision on reconsideration.
      Effective August 15, 2014. Any petitions for review of the letters announcing the EPA's decision not to propose changes to the regulations in response to the public comments received on the three issues under reconsideration described in this Notice must be filed in the U.S. Court of Appeals for the District of Columbia Circuit by October 14, 2014.
      40 CFR Parts 60 and 63