# 40 CFR § 63.4951 - How do I demonstrate initial compliance with the emission limitations?

§ 63.4951 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 to demonstrate compliance with an organic HAP emission limit. 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 comply with the applicable emission limit in § 63.4890, but is not required to meet the operating limits or work practice standards in §§ 63.4892 and 63.4893, respectively. You must meet all the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.4890 for the coating operation or group of coating operations. 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 include organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation for which you use the emission rate without add-on controls option.

(a) Determine the mass fraction of organic HAP for each material. You must determine the mass fraction of organic HAP for each coating, thinner, and cleaning material used during the compliance period according to the requirements in § 63.4941(a).

(b) Determine the volume fraction of coating solids for each coating. You must determine the volume fraction of coating solids for each coating used during the compliance period according to the requirements in § 63.4941(b).

(c) Determine the density of each material. You must determine the density of each coating, thinner, and cleaning material used during the compliance period according to the requirements in § 63.4941(c).

(d) Determine the volume of each material used. You must determine the volume (liters) of each coating, thinner, and cleaning material used during the compliance period 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 the compliance period minus the organic HAP in certain waste materials. Use Equation 1 of this section to calculate the mass of organic HAP emissions:

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

Where:
He = Total mass of organic HAP emissions during the compliance period, kg.
A = Total mass of organic HAP in the coatings used during the compliance period, kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the compliance period, kg, as calculated in Equation 1B of this section.
C = Total mass of organic HAP in the cleaning materials used during the compliance period, kg, 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 compliance period, kg, determined according to paragraph (e)(4) of this section. The mass of any waste material reused during the same compliance period may not be included in Rw. (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 compliance period, using Equation 1A of this section:

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

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

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

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

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

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

$C=\underset{k=1}{\overset{m}{·}}\left({\mathrm{Vol}}_{s,k}\right)\left({D}_{s,k}\right)\left({W}_{s,k}\right)\phantom{\rule{0ex}{0ex}}\text{(Eq. 1C)}$

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

(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 the calculation of the total mass of organic HAP emissions during the compliance period in Equation 1 of this section, then you must determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period, according to paragraphs (e)(4)(i) through (iv) of this section.

(i) You may include in the determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period 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 in the determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period only waste materials that are generated by coating operations the organic HAP contained in wastewater, nor the organic HAP contained in any waste material reused during the same compliance period.

(ii) You must determine either the amount of the waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period and designated for future transport to a TSDF. Do not include in your determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period only waste materials that are generated by coating operations any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that or a previous compliance period.

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

(iv) You must document your methodology to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4930(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. Calculate the total volume of coating solids used, which is the combined volume of coating solids for all the coatings used during the compliance period, 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 compliance period, liters.
Volc,i = Total volume of coating, i, used during the compliance period, liters.
Vs,i = Volume fraction of coating solids for coating, i, liter solids per liter coating, determined according to § 63.4941(b).
m = Number of coatings used during the compliance period.

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

${H}_{\mathrm{avg}}=\frac{{H}_{e}}{{V}_{\mathrm{st}}}\phantom{\rule{0ex}{0ex}}\text{(Eq. 3)}$

Where:
Havg = Organic HAP emission rate for the compliance period, kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions from all materials used during the compliance period, kg, as calculated by Equation 1 of this section.
Vst = Total volume of coating solids used during the compliance period, liters, as calculated by Equation 2 of this section.

(h) Compliance demonstration. The calculated organic HAP emission rate for the initial compliance period must be less than or equal to the applicable emission limit in § 63.4890. You must keep all records as required by §§ 63.4930 and 63.4931. As part of the Notification of Compliance Status required by § 63.4910 and the semiannual compliance reports required in § 63.4920, you must identify the coating operation or group of coating operations for which you used the emission rate without add-on controls option. If there were no deviations from the emission limit, include a statement that the coating operation or group of coating operations was 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 § 63.4890, determined according to this section.

[68 FR 28619, May 23, 2003, as amended at 84 FR 9640, Mar. 15, 2019]