['Air Programs']
['Air Quality']
11/20/2023
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(a) Each owner or operator of an affected facility shall include the data outlined in paragraphs (a)(1) and (2) in the initial compliance report required by §60.8.
(1) The owner or operator shall report the volume weighted average mass of VOC per volume of applied coating solids for each affected facility.
(2) Where compliance is achieved through the use of incineration, the owner or operator shall include the following additional data in the control device initial performance test required by §60.8(a) or subsequent performance tests at which destruction efficiency is determined: the combustion temperature (or the gas temperature upstream and downstream of the catalyst bed), the total mass of VOC per volume of applied coating solids before and after the incinerator, capture efficiency, the destruction efficiency of the incinerator used to attain compliance with the applicable emission limit specified in §60.392 and a description of the method used to establish the fraction of VOC captured and sent to the control device.
(b) Following the initial performance test, the owner or operator of an affected facility shall identify, record, and submit a report to the Administrator every calendar quarter of each instance in which the volume-weighted average of the total mass of VOC's emitted to the atmosphere per volume of applied coating solids (N) is greater than the limit specified under §60.392. If no such instances have occurred during a particular quarter, a report stating this shall be submitted to the Administrator semiannually. Where compliance is achieved through the use of a capture system and control device, the volume-weighted average after the control device should be reported.
(c) Where compliance with §60.392 is achieved through the use of incineration, the owner or operator shall continuously record the incinerator combustion temperature during coating operations for thermal incineration or the gas temperature upstream and downstream of the incinerator catalyst bed during coating operations for catalytic incineration. The owner or operator shall submit a report at the frequency specified in §60.7(c) and paragraph (e) of this section.
(1) For thermal incinerators, every three-hour period shall be reported during which the average temperature measured is more than 28°C less than the average temperature during the most recent control device performance test at which the destruction efficiency was determined as specified under §60.393.
(2) For catalytic incinerators, every three-hour period shall be reported during which the average temperature immediately before the catalyst bed, when the coating system is operational, is more than 28°C less than the average temperature immediately before the catalyst bed during the most recent control device performance test at which destruction efficiency was determined as specified under §60.393. In addition, every three-hour period shall be reported each quarter during which the average temperature difference across the catalyst bed when the coating system is operational is less than 80 percent of the average temperature difference of the device during the most recent control device performance test at which destruction efficiency was determined as specified under §60.393.
(3) For thermal and catalytic incinerators, if no such periods occur, the owner or operator shall submit a negative report.
(d) The owner or operator shall notify the Administrator 30 days in advance of any test by Method 25.
(e) The owner or operator shall submit the reports listed in paragraphs (b) and (c) of this section following the procedures specified in paragraphs (e)(1) through (3) of this section. In addition to the information required in paragraphs (b) and (c) of this section, owners or operators are required to report excess emissions and a monitoring systems performance report and a summary report to the Administrator according to §60.7(c) and (d). Owners or operators are required by §60.7(c) and (d) to report the date, time, cause, and duration of each exceedance of the applicable emission limit specified in §60.392, any malfunction of the air pollution control equipment, and any periods during which the CMS or monitoring device is inoperative. For each failure, the report must include a list of the affected sources or equipment and a description of the method used to estimate the emissions.
(1) Effective date. On and after November 6, 2023, or once the reporting template has been available on the CEDRI website for 1-year, whichever date is later, owners or operators must use the appropriate spreadsheet template on the Compliance and Emissions Data Reporting Interface (CEDRI) website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for this subpart. The date the reporting template for this subpart becomes available will be listed on the CEDRI website. The report must be submitted by the deadline specified in this subpart, regardless of the method by which the report is submitted. Submit all reports to the EPA via CEDRI, which can be accessed through the EPA's CDX (https://cdx.epa.gov/). The EPA will make all the information submitted through CEDRI available to the public without further notice to the owner or operator. Do not use CEDRI to submit information you claim as CBI. Any information submitted using CEDRI cannot later be claimed CBI. If you claim CBI, submit the report following the procedure described in paragraph (f)(3) of this section. The same file with the CBI omitted must be submitted to CEDRI as described in paragraph (f)(3) of this section.
(2) System outage. Owner or operators that are required to submit a report electronically through CEDRI in the EPA's CDX, may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, owners or operators must meet the requirements outlined in paragraphs (e)(2)(i) through (vii) of this section.
(i) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.
(ii) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.
(iii) The outage may be planned or unplanned.
(iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(v) You must provide to the Administrator a written description identifying:
(A) The date(s) and time(s) when CDX or CEDRI was accessed, and the system was unavailable;
(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;
(C) A description of measures taken or to be taken to minimize the delay in reporting; and
(D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
(vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
(vii) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.
(3) Force majeure. Owner or operators that are required to submit a report electronically through CEDRI in the EPA's CDX, may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, Owner or operators must meet the requirements outlined in paragraphs (e)(1) through (5) of this section.
(i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage).
(ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.
(iii) You must provide to the Administrator:
(A) A written description of the force majeure event;
(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;
(C) A description of measures taken or to be taken to minimize the delay in reporting; and
(D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.
(iv) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.
(f) Where compliance is achieved through the use of incineration, the owner or operator shall submit control device performance test results at which destruction efficiency is determined for initial and subsequent performance tests according to paragraph (a) of this section within 60 days of completing each performance test following the procedures specified in paragraphs (f)(1) through (3) of this section.
(1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test.
(i) Submit the results of the performance test to the EPA via the CEDRI, which can be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).
(ii) The data must be submitted in a file format generated using the EPA's ERT. Alternatively, the owner or operator may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.
(2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test.
(i) The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website.
(ii) Submit the ERT generated package or alternative file to the EPA via CEDRI.
(3) Confidential business information (CBI). Do not use CEDRI to submit information you claim as CBI. Any information submitted using CEDRI cannot later be claimed CBI. Under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. Owners or operators that assert a CBI claim for any information submitted under paragraph (f)(1) or (2) of this section, must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Owners or operators can submit CBI according to one of the two procedures in paragraph (f)(3)(i) or (ii) of this section. All CBI claims must be asserted at the time of submission.
(i) If sending CBI through the postal service, submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Owners or operators are required to mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Automobile and Light Duty Truck Surface Coating Operations Sector Lead, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraphs (f)(1) and (2) of this section.
(ii) The EPA preferred method for CBI submittal is for it to be transmitted electronically using email attachments, File Transfer Protocol (FTP), or other online file sharing services (e.g., Dropbox, OneDrive, Google Drive). Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address oaqpscbi@epa.gov, Attention: Automobile and Light Duty Truck Surface Coating Operations Sector Lead, and as described above, should be clearly identified as CBI. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, you may email oaqpscbi@epa.gov to request a file transfer link.
[45 FR 85415, Dec. 24, 1980, as amended at 55 FR 51383, Dec. 13, 1990; 65 FR 61760, Oct. 17, 2000; 88 FR 30000, May 9, 2023]
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