['Air Programs']
['Air Quality']
11/20/2023
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
(a) Notifications. You must submit all notifications in §§60.7, 60.8, and 60.13 that apply to you by the dates specified in those sections and in paragraphs (a)(1) through (5) of this section.
(1) A notification of the date construction (or reconstruction as defined under §60.15) of an affected facility is commenced no later than 30 days after such date.
(2) A notification of the actual date of initial startup of an affected facility within 15 days after such date.
(3) A notification of any physical or operational change to an existing facility which may increase the VOC emission rate within 60 days or as soon as practicable before the change is commenced.
(4) A notification of the date upon which demonstration of the CMS performance commences in accordance with §60.13(c) not less than 30 days prior to such date.
(5) A notification of any performance test at least 30 days prior to afford the Administrator (or delegated State or local agency) the opportunity to have an observer present.
(b) Initial performance test report. If you use add-on control devices, you must submit reports of performance test results for emission capture systems and add-on control devices. Within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of such facility, you are required to conduct performance test(s) and furnish the Administrator a report of the results of such performance test(s) in accordance with §60.8(a). You are also required to conduct transfer efficiency test(s) and submit reports of the results of transfer efficiency tests and furnish the Administrator a report of the results of such transfer efficiency tests. The initial performance test report must include the information specified in §60.8.
(c) Subsequent performance test reports. You must conduct periodic performance tests of add-on control devices in accordance with §60.393a(b) within five years of the previous performance test and at such other times as may be required by the Administrator under section 114 of the Act in accordance with §60.8(a). You must furnish the Administrator a written report of the results of such performance test(s) within 60 days of completing the performance test. Periodic testing of transfer efficiency and capture efficiency are not required.
(d) Compliance reports. Following the initial performance test, you must submit a quarterly or semiannual compliance report for each affected source required by §60.8 according to the requirements of paragraphs (e) and (f) of this section. You must identify, record, and submit a report to the Administrator every calendar quarter each instance a deviation occurred from the emission limits, operating limits, or work practices in §§60.392a, 60.393a, and 60.394a, that apply to you. If no such instances have occurred during a particular quarter, a report stating this shall be submitted to the Administrator semiannually. For each affected source that is subject to 40 CFR part 70 or 71 permitting regulations and if the permitting authority has established dates for submitting semiannual compliance reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), you may submit the semiannual compliance reports according to the dates the permitting authority has established.
(e) Initial compliance report. You must include the data outlined in paragraphs (e)(1) and (2) of this section in the initial compliance report required by §60.8 and the information required by pargraphs (f) through (h) of this section.
(1) 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 a capture or control device, include the following additional data in the initial performance test report required by §60.8(a) specified in paragraphs (e)(2)(i) through (v) of this section:
(i) The data collected to establish the operating limits for the appropriate capture or control device required as by §60.394a and table 1 to this subpart;
(ii) The total mass of VOC per volume of applied coating solids before and after the control device as required by §60.396a;
(iii) The destruction efficiency of the control device used to attain compliance with the applicable emission limit specified in §60.392a(a);
(iv) The capture efficiency as required by §60.397a and a description of the method used to establish the capture efficiency for the affected facility; and
(v) The transfer efficiency test results and a description of the method used to establish the transfer efficiency for the affected facility.
(f) Compliance report content. Compliance reports must contain the information specified in paragraphs (f)(1) through (4) of this section and paragraph (g) that are applicable to your affected source.
(1) Company name and address.
(2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report.
(3) Date of report and beginning and ending dates of the reporting period.
(4) Identification of the affected source.
(g) No deviations. If there were no deviations from the emission limits, work practices, or operating limits in §§60.392a and 60.394a, that apply to you, the compliance report must include a statement that there were no deviations from the applicable emission limitations during the reporting period. If you used control devices to comply with the emission limits, and there were no periods during which the CMS were out of control as specified in §60.394a(g) the compliance report must include a statement that there were no periods during which the CMS were out of control during the reporting period.
(h) Deviations. If there was a deviation from the applicable emission limits in §60.392a or the applicable operating limit(s) in table 1 to this subpart or the work practice standards in §60.392a, the compliance report must contain the information in paragraphs (h)(1) through (15) of this section.
(1) The beginning and ending dates of each month during which the volume-weighted average of the total mass of VOC emitted to the atmosphere per volume of applied coating solids (N) for the affected source exceeded the applicable emission limit in §60.392a.
(2) The calculation used to determine the volume-weighted average of the total mass of VOC emitted to the atmosphere per volume of applied coating solids (N) in accordance with §60.395a. You do not need to submit the background data supporting these calculations, for example information provided by materials suppliers or manufacturers, or test reports.
(3) The date and time that each malfunction of the capture system or add-on control devices used to control emissions from these operations started and stopped.
(4) A brief description of the CMS.
(5) The date of the latest CMS certification or audit.
(6) For each instance that the CMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CMS was inoperative; the cause (including unknown cause) for the CMS being inoperative; and descriptions of corrective actions taken.
(7) For each instance that the CMS was malfunctioning or out-of-control, as specified in §60.394a(g)(6) or (7), the date, time, and duration that the CMS was malfunctioning or out-of-control; the cause (including unknown cause) for the CMS malfunctioning or being out-of-control; and descriptions of corrective actions taken.
(8) The date, time, and duration of each deviation from an operating limit in table 1 to this subpart; and the date, time, and duration of each bypass of an add-on control device.
(9) A summary of the total duration and the percent of the total source operating time of the deviations from each operating limit in table 1 to this subpart and the bypass of each add-on control device during the semiannual reporting period.
(10) A breakdown of the total duration of the deviations from each operating limit in Table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes.
(11) A summary of the total duration and the percent of the total source operating time of the downtime for each CMS during the semiannual reporting period.
(12) A description of any changes in the CMS, coating operation, emission capture system, or add-on control devices since the last semiannual reporting period.
(13) For deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (h)(13)(i) and (ii) of this section.
(i) A description of the deviation, the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with §60.11(d).
(ii) A list of the affected sources or equipment for which a deviation occurred, the cause of the deviation (including unknown cause, if applicable), and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
(14) For deviations from an emission limitation in §60.392a or operating limit in Table 1 of this subpart, a statement of the cause of each deviation (including unknown cause, if applicable).
(15) For each deviation from an emission limitation in §60.392a, or operating limit in Table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of VOC emitted over any emission limit in §60.392a, and a description of the method used to estimate the emissions.
(i) Electronic reporting of performance test data. Where compliance is achieved through the use of add-on control devices, the owner or operator shall submit control device performance test results for initial and subsequent performance tests according to paragraphs (b) and (c) of this section within 60 days of completing each performance test following the procedures specified in paragraphs (i)(1) through (3) of this section.
(1) Supported test methods. 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 Compliance and Emissions Data Reporting Interface (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) Unsupported test methods. 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 are 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 (i)(1) or (i)(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 (i)(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 (i)(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, and as described above, should be clearly identified as CBI and note Attention: Automobile and Light Duty Truck Surface Coating Operations Sector Lead. 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 can email oaqpscbi@epa.gov to request a file transfer link.
(j) Electronic submittal of reports. The owner or operator shall submit the reports listed in paragraphs (b) through (e) of this section following the procedures specified in paragraphs (j)(1) through (3) of this section. In addition to the information required in paragraphs (b) through (h) 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 §60.392a(a), any malfunction of the air pollution control equipment, and any periods during which the CMS or monitoring device is inoperative, malfunctioning, or out-of-control. 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 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 (i)(3) of this section. The same file with the CBI omitted must be submitted to CEDRI as described in this paragraph.
(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, you must meet the requirements outlined in paragraphs (j)(3)(i) through (iv) 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.
(k) Recordkeeping. You must collect and keep records of the data and information specified in paragraphs (k)(1) through (12) of this section. Failure to collect and keep these records is a deviation from the applicable standard.
(1) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report.
(2) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of VOC, the density and the volume fraction of coating solids for each coating, and the mass fraction of VOC and the density for each thinner. If you conducted testing to determine mass fraction of VOC, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. If you use the results of an analysis conducted by an outside testing lab, you must keep a copy of the test report. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier.
(3) For each month, the records specified in paragraphs (k)(3)(i) through (iii) of this section.
(i) For each coating used for the affected source, a record of the volume used in each month, the mass fraction VOC content, the density, and the volume fraction of solids.
(ii) For each thinner used in coating operations for the affected source, a record of the volume used in each month, the mass fraction VOC content, and the density.
(iii) A record of the calculation of the VOC emission rate for the affected source for each month. 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 §60.17), 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.
(4) For each deviation from an emission limitation, operating limit, or work practice plan reported under paragraph (h) of this section, a record of the information specified in paragraphs (4)(i) through (iv) of this section, as applicable.
(i) The date, time, and duration of the deviation, and for each deviation, the information as reported under paragraph (h) of this section.
(ii) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under paragraph (h) of this section.
(iii) An estimate of the quantity of VOC emitted over any applicable emission limit in §60.392a or any applicable operating limit in Table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under paragraph (h) of this section.
(iv) A record of actions taken to minimize emissions in accordance with §60.11(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation.
(5) The records required by §60.7(b) and (c) related to SSM.
(6) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in §60.397a(a).
(7) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §60.397a(b) through (g), including the records specified in paragraphs (k)(7)(i) through (iv) of this section that apply to you.
(i) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. Records of the mass of total VOC, as measured by Method 204A or F of appendix M to 40 CFR part 51, for each material used in the coating operation, and the total VOC for all materials used during each capture efficiency test run, including a copy of the test report. Records of the mass of VOC emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run, as measured by Method 204D or E of appendix M to 40 CFR part 51, including a copy of the test report. Records documenting that the enclosure used for the capture efficiency test met the criteria in Method 204 of appendix M to 40 CFR part 51 for either a temporary total enclosure or a building enclosure.
(ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. Records of the mass of VOC emissions captured by the emission capture system, as measured by Method 204B or C of appendix M to 40 CFR part 51, at the inlet to the add-on control device, including a copy of the test report. Records of the mass of VOC emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run, as measured by Method 204D or E of appendix M to 40 CFR part 51, including a copy of the test report. Records documenting that the enclosure used for the capture efficiency test met the criteria in Method 204 of appendix M to 40 CFR part 51 for either a temporary total enclosure or a building enclosure.
(iii) Records for panel tests. Records needed to document a capture efficiency determination using a panel test as described in §60.397a(e) and (g), including a copy of the test report and calculations performed to convert the panel test results to percent capture efficiency values.
(iv) Records for an alternative protocol. Records needed to document a capture efficiency determination using an alternative method or protocol, as specified in §60.397a(f), if applicable.
(8) The records specified in paragraphs (k)(8)(i) and (ii) of this section for each add-on control device VOC destruction or removal efficiency determination as specified in §60.393a.
(i) Records of each add-on control device performance test conducted according to §60.393a.
(ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions.
(9) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in §60.394a and to document compliance with the operating limits as specified in table 1 to this subpart.
(10) Records of the data and calculations you used to determine the transfer efficiency for guide coat and topcoat coating operations pursuant to §60.393a(h).
(11) A record of the work practice plans required by §60.392a(b) and (c) and documentation that you are implementing the plans on a continuous basis. Appropriate documentation may include operational and maintenance records, records of documented inspections, and records of internal audits.
(12) For each add-on control device and for each CMS, a copy of the equipment operating instructions must be maintained on-site for the life of the equipment in a location readily available to plant operators and inspectors. You may prepare your own equipment operating instructions, or they may be provided to you by the equipment supplier or other third party.
(l) Record form and retention time.(1) Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation.
(2) Except as provided in paragraph (k)(12) of this section, you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record.
(3) Except as provided in paragraph (k)(12) of this section, you must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record. You may keep the records off site for the remaining 3 years.
[88 FR 30002, May 9, 2023]
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.