# 40 CFR § 63.4751 - How do I demonstrate initial compliance with the emission limitations?

§ 63.4751 How do I demonstrate initial compliance with the emission limitations?

You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.4690. Any coating operation for which you use the emission rate without add-on controls option is not required to meet the operating limits or work practice standards required in §§ 63.4692 and 63.4693, respectively. You must meet all the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.4690 for the coating operation(s). When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate without add-on controls option.

(a) Determine the mass fraction of organic HAP for each material. Determine the mass fraction of organic HAP for each coating, thinner, and cleaning material used during each month according to the requirements in § 63.4741(a).

(b) Determine the volume fraction of coating solids for each coating. Determine the volume fraction of coating solids for each coating used during each month according to the requirements in § 63.4741(b).

(c) Determine the density of each material. Determine the density of each coating, thinner, and cleaning material used during each month from test results using ASTM Method D1475-13 (incorporated by reference, see § 63.14), information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM Method D1475-13 test results and such other information sources, the test results will take precedence.

(d) Determine the volume of each material used. Determine the volume (liters) of each coating, thinner, and cleaning material used during each month by measurement or usage records.

(e) Calculate the mass of organic HAP emissions. The mass of organic HAP emissions is the combined mass of organic HAP contained in all coatings, thinners, and cleaning materials used during each month minus the organic HAP in certain waste materials. Calculate it using Equation 1 of this section.

${H}_{e}=A+B+C-{R}_{w}\phantom{\rule{0ex}{0ex}}\text{(Eq. 1)}$

Where:
He = Total mass of organic HAP emissions during the month, grams.
A = Total mass of organic HAP in the coatings used during the month, grams, as calculated in Equation 1A (or 1A-alt) of this section.
B = Total mass of organic HAP in the thinners used during the month, grams, as calculated in Equation 1B of this section.
C = Total mass of organic HAP in the cleaning materials used during the month, grams, as calculated in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during the month, grams, determined according to paragraph (e)(4) of this section. (You may assign a value of zero to Rw if you do not wish to use this allowance.)

(1) Calculate the mass of organic HAP in the coatings used during the month, using Equation 1A of this section:

$A=\sum _{i=1}^{m}\left({\mathrm{Vol}}_{c,i}\right)\left({D}_{c,i}\right)\left({W}_{c,i}\right)\phantom{\rule{0ex}{0ex}}\text{(Eq. 1A)}$

Where:
A = Total mass of organic HAP in the coatings used during the month, grams.
Volc,i = Total volume of coating, i, used during the month, liters.
Dc,i = Density of coating, i, grams coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, grams organic HAP per gram coating.
m = Number of different coatings used during the month.

(2) Calculate the mass of organic HAP in the thinners used during the month, using Equation 1B of this section:

$B=\sum _{j=1}^{m}\left({\mathrm{Vol}}_{t,j}\right)\left({D}_{t,j}\right)\left({W}_{t,j}\right)\phantom{\rule{0ex}{0ex}}\text{(Eq. 1B)}$

Where:
B = Total mass of organic HAP in the thinners used during the month, grams.
Volt,j = Total volume of thinner, j, used during the month, liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams organic HAP per gram thinner.
n = Number of different thinners used during the month.

(3) Calculate the mass of organic HAP in the cleaning materials used during the month using Equation 1C of this section:

$C=\sum _{k=1}^{p}\left({\mathrm{Vol}}_{s,k}\right)\left({D}_{s,k}\right)\left({W}_{s,k}\right)\phantom{\rule{0ex}{0ex}}\text{(Eq. 1C)}$

Where:
C = Total mass of organic HAP in the cleaning materials used during the month, grams.
Vols,k = Total volume of cleaning material, k, used during the month, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, grams organic HAP per gram material.
p = Number of different cleaning materials used during the month.

(4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine it according to paragraphs (e)(4)(i) through (iv) of this section.

(i) You may include in the determination only waste materials that are generated by coating operations for which you use Equation 1 of this section and that will be treated or disposed of by a facility regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater.

(ii) You must determine either the amount of the waste materials sent to a TSDF during the month or the amount collected and stored during the month and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a month if you have already included them in the amount collected and stored during that month or a previous month.

(iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section.

(iv) You may use any reasonable methodology to determine the amount of waste materials and the total mass of organic HAP they contain, and you must document your methodology as required in § 63.4730(h). To the extent that waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them.

(f) Calculate the total volume of coating solids used. Determine the total volume of coating solids used which is the combined volume of coating solids for all the coatings used during each month, using Equation 2 of this section:

${V}_{\mathrm{st}}=\sum _{i-1}^{m}\left({\mathrm{Vol}}_{c,i}\right)\left({V}_{s,i}\right)\phantom{\rule{0ex}{0ex}}\text{(Eq. 2)}$

Where:
Vst = Total volume of coating solids used during the month, liters.
Volc,i = Total volume of coating, i, used during the month, liters.
Vs,i = Volume fraction of coating solids for coating, i, liter solids per liter coating, determined according to § 63.4741(b).
m = Number of coatings used during the month.

(g) Calculate the organic HAP emission rate. Calculate the organic HAP emission rate for the 12-month compliance period, grams organic HAP per liter coating solids used, using Equation 3 of this section:

${H}_{\mathrm{yr}}-\frac{\sum _{y=1}^{12}{H}_{e}}{\sum _{y=1}^{12}{V}_{\mathrm{st}}}\phantom{\rule{0ex}{0ex}}\text{(Eq. 3)}$

Where:
Hyr = Organic HAP emission rate for the 12-month compliance period, grams organic HAP per liter coating solids.
He = Total mass of organic HAP emissions, grams, from all materials used during month, y, as calculated by Equation 1 of this section.
Vst = Total volume of coating solids used during month, y, liters, as calculated by Equation 2 of this section.
y = Identifier for months.

(h) Compliance demonstration. The organic HAP emission rate for the initial 12-month compliance period, calculated using Equation 3 of this section, must be less than or equal to the applicable emission limit in § 63.4690. You must keep all records as required by §§ 63.4730 and 63.4731. As part of the Notification of Compliance Status required by § 63.4710, you must identify the coating operation(s) for which you used the emission rate without add-on controls option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4690, determined according to this section.

(i) Alternative compliance demonstration. As an alternative to paragraph (h) of this section, you may demonstrate initial compliance by identifying each organic HAP component in the coating(s) and conducting a performance test using Method 320 of appendix A to 40 CFR part 63 or NCASI Method ISS/FP A105.01 (incorporated by reference in § 63.14) (for formaldehyde) or Method 326 of appendix A to 40 CFR part 63 (for isocyanates) to obtain an organic HAP emission factor (EF). The voluntary consensus standard ASTM D6348-03 (Reapproved 2010) (incorporated by reference, see § 63.14) may be used as an alternative to using Method 320 under the conditions specified in paragraphs (i)(4)(i) and (ii) of this section.

(1) You must also calculate the mass of organic HAP emitted from the coatings used during the month using Equation 1A-alt of this section:

Where:
A = Total mass of organic HAP in the coatings used during the month, grams.
Volc,i = Total volume of coating, i, used during the month, liters.
Dc,j = Density of coating, i, grams coating per liter of coatings.
Wc,i = Mass fraction of organic HAP in coating, i, grams organic HAP per gram coating.
EFc,i = Organic HAP emission factor (three-run average from performance testing, evaluated as proportion of mass organic HAP emitted to mass of organic HAP in the coatings used during the performance test).
m = Number of different coatings used during the month.

(2) Calculate the organic HAP emission rate for the 12-month compliance period, grams organic HAP per liter coating solids used, using Equation 3 of this section.

(3) The organic HAP emission rate for the initial 12-month compliance period, calculated using Equation 3 of this section, must be less than or equal to the applicable emission limit in § 63.4690. You must keep all records as required by §§ 63.4730 and 63.4731. As part of the Notification of Compliance Status required by § 63.4710, you must identify the coating operation(s) for which you used the emission rate without add-on controls option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4690, determined according to this section.

(4) If ASTM D6348-03 (Reapproved 2010) is used, the conditions specified in paragraphs (i)(4)(i) and (ii) must be met.

(i) Test plan preparation and implementation in the Annexes to ASTM D6348-03 (Reapproved 2010), sections A1 through A8 are mandatory.

(ii) In ASTM D6348-03 (Reapproved 2010) Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5 of ASTM D6348-03). In order for the test data to be acceptable for a compound, %R must be between 70 and 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound, and the test must be repeated for that analyte following adjustment of the sampling and/or analytical procedure before the retest. The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound using the following equation: Reported Result = (Measured Concentration in the Stack × 100)/%R.

[68 FR 31760, May 28, 2003, as amended at 84 FR 7702, Mar. 4, 2019]