46610 Federal Register / Vol. 84, No. 171 / Wednesday, September 4, 2019 / Proposed Rules 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 63 
[EPA–HQ–OAR–2018–0747; FRL–9998–69– 
OAR] 
RIN 2060–AU16 
National Emission Standards for 
Hazardous Air Pollutants: Miscellaneous Coating Manufacturing Residual Risk and Technology Review 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : The U.S. Environmental 
Protection Agency (EPA) is proposing the results of a residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (MCM NESHAP) facilities, as required by the Clean Air Act (CAA). The EPA is proposing to find risks due to emissions of air toxics to be acceptable from the MCM source category and to determine that the current NESHAP provides an ample margin of safety to protect public health. The EPA identified no new cost- effective controls under the technology review to achieve further emissions reductions from process units subject to standards under the NESHAP. The EPA is also proposing revisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including clarifying regulatory provisions for certain vent control bypasses; provisions for electronic reporting of performance test results, performance evaluation reports, compliance reports, and Notification of Compliance Status (NOCS) reports; and provisions to conduct periodic performance testing of oxidizers used to reduce emissions of organic hazardous air pollutants (HAP). 
DATES :
Comments. Comments must be 
received on or before October 21, 2019. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before October 4, 2019. 
Public hearing. If anyone contacts us 
requesting a public hearing on or before September 9, 2019, we will hold a hearing. Additional information about the hearing, if requested, will be published in a subsequent Federal Register document and posted at 
https://www.epa.gov/stationary-sources- air-pollution/miscellaneous-coating- manufacturing-national-emission- standards. See 
SUPPLEMENTARY  
INFORMATION for information on 
requesting and registering for a public hearing. 
ADDRESSES : You may send comments, 
identified by Docket ID No. EPA–HQ– OAR–2018–0747, by any of the following methods: 
•Federal eRulemaking Portal: 
https://www.regulations.gov/ (our 
preferred method). Follow the online instructions for submitting comments. 
•Email: a-and-r-docket@epa.gov. 
Include Docket ID No. EPA–HQ–OAR– 2018–0747 in the subject line of the message. 
•Fax: (202) 566–9744. Attention 
Docket ID No. EPA–HQ–OAR–2018– 0747. 
•Mail: U.S. Environmental 
Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2018– 0747, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. 
•Hand/Courier Delivery: EPA Docket 
Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except federal holidays). 
Instructions: All submissions received 
must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov/, including any 
personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of 
this document. 
FOR FURTHER INFORMATION CONTACT : For 
questions about this proposed action, contact Ms. Angela Carey, Sector Policies and Programs Division (E143– 01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–2187; fax number: (919) 541–0516; and email address: carey.angela@epa.gov. For specific 
information regarding the risk modeling methodology, contact Ms. Darcie Smith, Health and Environmental Impacts Division (C539–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2076; fax number: (919) 541–0840; and email address: smith.darcie@epa.gov. For questions about monitoring and testing requirements, contact Mr. Barrett Parker, Sector Policies and Programs Division (D243–05), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 5635; fax number: (919) 541–4991; and email address: parker.barrett@epa.gov. For information about the applicability of the NESHAP to a particular entity, contact Mr. John Cox, Office of Enforcement and Compliance Assurance, U.S. Environmental Protection Agency, WJC South Building (Mail Code 2227A), 1200 Pennsylvania Avenue NW, Washington DC 20460; telephone number: (202) 564–1395; and email address: cox.john@epa.gov. 
SUPPLEMENTARY INFORMATION : 
Public hearing. Please contact Ms. 
Virginia Hunt at (919) 541–0832 or by email at hunt.virginia@epa.gov to 
request a public hearing, to register to speak at the public hearing, or to inquire as to whether a public hearing will be held. 
Docket. The EPA has established a 
docket for this rulemaking under Docket ID No. EPA–HQ–OAR–2018–0747. All documents in the docket are listed in Regulations.gov. Although listed, some information is not publicly available, e.g., Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. Publicly available docket materials are available either electronically in Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, WJC West Building, 1301 Constitution Avenue NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566– 1742. 
Instructions. Direct your comments to 
Docket ID No. EPA–HQ–OAR–2018– 0747. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// 
www.regulations.gov/, including any 
personal information provided, unless the comment includes information claimed to be CBI or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https://www.regulations.gov/ or email. This 
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type of information should be submitted 
by mail as discussed below. 
The EPA may publish any comment 
received to its public docket. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, 
cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. 
The https://www.regulations.gov/ 
website allows you to submit your comment anonymously, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https://www.regulations.gov/, your email 
address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any digital storage media you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https:// 
www.epa.gov/dockets. 
Submitting CBI. Do not submit 
information containing CBI to the EPA through https://www.regulations.gov/ or 
email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on any digital storage media that you mail to the EPA, mark the outside of the digital storage media as CBI and then identify electronically within the digital storage 
media the specific information that is claimed as CBI. In addition to one complete version of the comments that includes information claimed as CBI, you must submit a copy of the comments that does not contain the information claimed as CBI directly to the public docket through the procedures outlined in Instructions above. If you submit any digital storage media that does not contain CBI, mark the outside of the digital storage media clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA’s electronic public docket without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer (C404–02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA– HQ–OAR–2018–0747. 
Preamble acronyms and 
abbreviations. We use multiple 
acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: 
AEGL acute exposure guideline level 
AERMOD air dispersion model used by the 
HEM–3 model 
CAA Clean Air Act CalEPA California EPA CBI Confidential Business Information CEDRI Compliance and Emissions Data 
Reporting Interface 
CFR Code of Federal Regulations EPA Environmental Protection Agency ERPG emergency response planning 
guideline 
ERT Electronic Reporting Tool HAP hazardous air pollutant(s) HCl hydrochloric acid HEM–3 Human Exposure Model, Version 
1.5.5 
HF hydrogen fluoride HI hazard index HQ hazard quotient ICR Information Collection Request IRIS Integrated Risk Information System km kilometer kPa kilopascal MACT maximum achievable control 
technology 
MCM miscellaneous coating manufacturing mg/kg-day milligrams per kilogram per day mg/m
3milligrams per cubic meter 
MIR maximum lifetime (cancer) risk NAAQS National Ambient Air Quality 
Standards 
NAICS North American Industry 
Classification System 
NEI National Emissions Inventory NESHAP national emission standards for 
hazardous air pollutants 
NOCS Notification of Compliance Status NRC National Research Council NTTAA National Technology Transfer and 
Advancement Act 
OAQPS Office of Air Quality Planning and 
Standards 
OECA Office of Enforcement and 
Compliance Assurance 
OMB Office of Management and Budget 
PAH polycyclic aromatic hydrocarbons PB–HAP hazardous air pollutants known to 
be persistent and bio-accumulative in the 
environment 
PDF portable document format PM particulate matter POM polycyclic organic matter ppm parts per million ppmw parts per million by weight psia pounds per square inch, absolute RBLC Reasonably Available Control 
Technology, Best Available Control Technology, and Lowest Achievable Emission Rate Clearinghouse 
REL reference exposure level RFA Regulatory Flexibility Act RfC reference concentration RfD reference dose RTR residual risk and technology review SAB Science Advisory Board SSM startup, shutdown, and malfunction the Court the United States Court of 
Appeals for the District of Columbia Circuit 
TOSHI target organ-specific hazard index tpy tons per year TRIM.FaTE Total Risk Integrated 
Methodology.Fate, Transport, and Ecological Exposure model 
UF uncertainty factor mg/m
3microgram per cubic meter 
UMRA Unfunded Mandates Reform Act URE unit risk estimate VCS voluntary consensus standards VOC volatile organic compounds 
Organization of this document. The 
information in this preamble is 
organized as follows below. In particular, section IV of this preamble describes the majority of the Agency’s rationale for the proposed actions in this preamble. 
Section IV.B of this preamble 
summarizes the results of the risk assessment. Section IV.C of this preamble summarizes the results of our technology review. Section IV.D of this preamble summarizes other changes we are proposing, including general regulatory language changes related to the removal of SSM exemptions, electronic reporting, and other minor clarifications identified as part our review of the NESHAP and as part of the other proposed revisions in this action. Lastly, section IV.E of this preamble summarizes our rationale for the compliance dates we are proposing. 
I. General Information 
A. Does this action apply to me? 
B. Where can I get a copy of this document 
and other related information? 
II. Background 
A. What is the statutory authority for this 
action? 
B. What is this source category and how 
does the current NESHAP regulate its 
HAP emissions? 
C. What data collection activities were 
conducted to support this action? 
D. What other relevant background 
information and data are available? 
III. Analytical Procedures and Decision- 
Making 
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A. How do we consider risk in our 
decision-making? 
B. How do we perform the technology 
review? 
C. How do we estimate post-MACT risk 
posed by the source category? 
IV. Analytical Results and Proposed 
Decisions 
A. What are the results of the risk 
assessment and analyses? 
B. What are our proposed decisions 
regarding risk acceptability, ample 
margin of safety, and adverse environmental effect? 
C. What are the results and proposed 
decisions based on our technology review? 
D. What other actions are we proposing? E. What compliance dates are we 
proposing? 
V. Summary of Cost, Environmental, and 
Economic Impacts 
A. What are the affected sources? 
B. What are the air quality impacts? C. What are the cost impacts? D. What are the economic impacts? E. What are the benefits? 
VI. Request for Comments VII. Submitting Data Corrections VIII. Statutory and Executive Order Reviews 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review 
B. Executive Order 13771: Reducing 
Regulation and Controlling Regulatory Costs 
C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act 
(UMRA) 
F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments 
H. Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risks 
I. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
J. National Technology Transfer and 
Advancement Act (NTTAA) and 1 CFR Part 51 
K. Executive Order 12898: Federal Actions 
To Address Environmental Justice in Minority Populations and Low-Income Populations 
I. General Information 
A. Does this action apply to me? 
Table 1 of this preamble lists the 
NESHAP and associated regulated 
industrial source categories that are the subject of this proposal. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this proposed action is likely to affect. The proposed standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities would not be affected by this proposed action. As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report (see EPA–450/3–91–030, July 
1992), the Manufacture of Paints, Coatings, and Adhesives source category ‘‘is any facility engaged in their manufacture without regard to the particular end-uses or consumers of such products. The manufacturing of these products may occur in any combination at any facility.’’ This source category has since been renamed Miscellaneous Coating Manufacturing (MCM). 
TABLE 1—NESHAP ANDINDUSTRIAL  
SOURCE CATEGORIES AFFECTED BY 
THISPROPOSED ACTION  
Source Category and 
NESHAP NAICS Code1 
Miscellaneous Coating Man-
ufacturing Industry ............ 3255, 3259 
1North American Industry Classification 
System. 
B. Where can I get a copy of this document and other related information? 
In addition to being available in the 
docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https://www.epa.gov/ stationary-sources-air-pollution/ miscellaneous-coating-manufacturing- national-emission-standards. Following 
publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at this same website. Information on the overall RTR program is available at https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html. 
A redline version of the regulatory 
language that incorporates the proposed changes in this action is available in the docket for this action (Docket ID No. EPA–HQ–OAR–2018–0747). 
II. Background A. What is the statutory authority for 
this action? 
The statutory authority for this action 
is provided by sections 112 and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 112 of the CAA establishes a two-stage regulatory process to develop standards for emissions of HAP from stationary sources. Generally, the first stage involves establishing technology-based standards and the second stage involves evaluating those standards that are based on maximum achievable control technology (MACT) to determine whether additional standards are needed to address any remaining risk associated with HAP emissions. This second stage is commonly referred to as the ‘‘residual risk review.’’ In addition to the residual risk review, the CAA also requires the EPA to review standards set under CAA section 112 every 8 years to determine if there are ‘‘developments in practices, processes, or control technologies’’ that may be appropriate to incorporate into the standards. This review is commonly referred to as the ‘‘technology review.’’ When the two reviews are combined into a single rulemaking, it is commonly referred to as the ‘‘risk and technology review.’’ The discussion that follows identifies the most relevant statutory sections and briefly explains the contours of the methodology used to implement these statutory provisions. A more comprehensive discussion appears in the document titled CAA Section 112 Risk and Technology Reviews: Statutory Authority and Methodology, in the docket for this rulemaking. 
In the first stage of the CAA section 
112 standard setting process, the EPA promulgates technology-based standards under CAA section 112(d) for categories of sources identified as emitting one or more of the HAP listed in CAA section 112(b). Sources of HAP emissions are either major sources or area sources, and CAA section 112 establishes different provisions for major source standards and area source standards. ‘‘Major sources’’ are those that emit or have the potential to emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more of any combination of HAP. All other sources are ‘‘area sources.’’ For major sources, CAA section 112(d)(2) provides that the technology-based NESHAP must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy provisions, and non-air quality health and environmental impacts). These standards are commonly referred to as MACT standards. CAA section 112(d)(3) also establishes a minimum control level for MACT standards, known as the MACT ‘‘floor.’’ The EPA must also consider control options that are more stringent than the floor. Standards more stringent than the floor are commonly referred to as beyond-the- floor standards. In certain instances, as provided in CAA section 112(h), the EPA may set work practice standards where it is not feasible to prescribe or 
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1Although defined as ‘‘maximum individual 
risk,’’ MIR refers only to cancer risk. MIR, one 
metric for assessing cancer risk, is the estimated risk if an individual were exposed to the maximum level of a pollutant for a lifetime. enforce a numerical emission standard. 
For area sources, CAA section 112(d)(5) gives the EPA discretion to set standards based on generally available control technologies or management practices (GACT standards) in lieu of MACT standards. 
The second stage in standard-setting 
focuses on identifying and addressing any remaining (i.e., ‘‘residual’’) risk 
according to CAA section 112(f). For source categories subject to MACT standards, section 112(f)(2) of the CAA requires the EPA to determine whether promulgation of additional standards is needed to provide an ample margin of safety to protect public health or to prevent an adverse environmental effect. Section 112(d)(5) of the CAA provides that this residual risk review is not required for categories of area sources subject to GACT standards. Section 112(f)(2)(B) of the CAA further expressly preserves the EPA’s use of the two-step approach for developing standards to address any residual risk and the Agency’s interpretation of ‘‘ample margin of safety’’ developed in the National Emissions Standards for 
Hazardous Air Pollutants: Benzene Emissions from Maleic Anhydride Plants, Ethylbenzene/Styrene Plants, Benzene Storage Vessels, Benzene Equipment Leaks, and Coke By-Product Recovery Plants (Benzene NESHAP) (54 FR 38044, September 14, 1989). The EPA notified Congress in the Risk Report that the Agency intended to use the Benzene NESHAP approach in making CAA section 112(f) residual risk determinations (EPA–453/R–99–001, p. ES–11). The EPA subsequently adopted this approach in its residual risk determinations and the United States Court of Appeals for the District of Columbia Circuit (the Court) upheld the EPA’s interpretation that CAA section 112(f)(2) incorporates the approach established in the Benzene NESHAP. See NRDC v. EPA, 529 F.3d 1077, 1083 
(D.C. Cir. 2008). 
The approach incorporated into the 
CAA and used by the EPA to evaluate residual risk and to develop standards under CAA section 112(f)(2) is a two- step approach. In the first step, the EPA determines whether risks are acceptable. This determination ‘‘considers all health information, including risk estimation uncertainty, and includes a presumptive limit on maximum individual lifetime (cancer) risk (MIR)
1of approximately 1- 
in-10 thousand.’’ 54 FR 38045, September 14, 1989. If risks are unacceptable, the EPA must determine the emissions standards necessary to reduce risk to an acceptable level without considering costs. In the second step of the approach, the EPA considers whether the emissions standards provide an ample margin of safety to protect public health ‘‘in consideration of all health information, including the number of persons at risk levels higher than approximately 1 in 1 million, as well as other relevant factors, including costs and economic impacts, technological feasibility, and other factors relevant to each particular decision.’’ Id. The EPA must promulgate 
emission standards necessary to provide an ample margin of safety to protect public health or determine that the standards being reviewed provide an ample margin of safety without any revisions. After conducting the ample margin of safety analysis, we consider whether a more stringent standard is necessary to prevent, taking into consideration costs, energy, safety, and other relevant factors, an adverse environmental effect. 
CAA section 112(d)(6) separately 
requires the EPA to review standards promulgated under CAA section 112 and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies)’’ no less often than every 8 years. In conducting this review, which we call the ‘‘technology review,’’ the EPA is not required to recalculate the MACT floor. Natural Resources Defense Council (NRDC) v. EPA, 529 F.3d 1077, 1084 
(DC Cir. 2008). Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (DC 
Cir. 2013). The EPA may consider cost in deciding whether to revise the standards pursuant to CAA section 112(d)(6). 
B. What is this source category and how 
does the current NESHAP regulate its HAP emissions? 
As defined in the Initial List of 
Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report (see EPA–450/3–91– 
030, July 1992), the ‘‘manufacture of paints, coatings, and adhesives’’ source category ‘‘is any facility engaged in their manufacture without regard to the particular end-uses or consumers of such products. The manufacturing of these products may occur in any combination at any facility.’’ 
The MCM source category includes 
the collection of equipment that is used to manufacture coatings at a facility. MCM operations also include cleaning operations. Coatings are materials such 
as paints, inks, or adhesive that are intended to be applied to a substrate and consist of a mixture of resins, pigments, solvents, and/or other additives, where the material is produced by a manufacturing operation where materials are blended, mixed, diluted, or otherwise formulated. Coatings do not include materials made in processes where a formulation component is synthesized by chemical reaction or separation activity and then transferred to another vessel where it is formulated to produce a material used as a coating, where the synthesized or separated component is not stored prior to formulation. 
The equipment controlled by the 
MCM NESHAP includes process vessels, storage tanks for feedstocks and products, equipment leak components (pumps, compressors, agitators, pressure relief devices (PRDs), sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems), wastewater tanks, heat exchangers, and transfer racks. 
The current NESHAP regulates 
process vessels and storage tanks based on the volume of the process vessel or storage tank and the maximum true vapor pressure of the organic HAP processed or stored. Control requirements range from the use of tightly fitted lids on process vessels to also capturing and reducing organic HAP emissions through the use of add- on controls (i.e., a flare, oxidizer, or 
condenser). For halogenated vent streams from process vessels and storage tanks, the use of a flare is prohibited, and a halogen reduction device (i.e., an 
acid gas scrubber) is required after a combustion control device. For storage tanks, facilities may comply with the provisions in 40 CFR part 63, subpart HHHHH, by complying with the provisions in 40 CFR part 63, subpart WW. 
The NESHAP regulates emissions 
from equipment leaks at existing 
sources by requiring compliance with leak inspection and repair provisions using sight, sound, and smell in 40 CFR part 63, subpart R, or alternatively, the leak detection and repair (LDAR) provisions in 40 CFR part 63, subparts TT or UU. New sources are required to comply with the LDAR provisions in 40 CFR part 63, subparts TT or UU. 
The NESHAP regulates wastewater 
streams by requiring the use of fixed roofs on wastewater tanks, treating the wastewater (either on-site or off-site) as a hazardous waste under 40 CFR 264, 265, or 266, or using enhanced biological treatment if the wastewater 
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2The MIR is defined as the cancer risk associated 
with a lifetime of exposure at the highest 
concentration of HAP where people are likely to live. The HQ is the ratio of the potential HAP exposure concentration to the noncancer dose- response value; the HI is the sum of HQs for HAP that affect the same target organ or organ system. contains less than 50 parts per million 
by weight (ppmw) of partially soluble HAP. If the wastewater is treated as a hazardous waste under 40 CFR 264, 265, or 266, it may be treated by steam stripping or incineration. These standards apply only to wastewater streams that contain total partially soluble and soluble HAP at an annual average concentration greater than or equal to 4,000 ppmw and loads greater than or equal to 750 pounds per year (lb/yr) at an existing source or greater than or equal to 1,600 ppmw and any partially soluble and soluble HAP load at a new source. 
The NESHAP regulates transfer 
operations if the operation involves the bulk loading of coating products that contain 3.0 million gallons (gal) per year or more of HAP with a weighted average HAP partial pressure greater than or equal to 1.5 pounds per square inch, absolute (psia). Regulated transfer operations are required to reduce emissions by using a closed vent system and a control device (other than a flare) to reduce emissions by at least 75 percent; using a closed vent system and a flare for a non-halogenated vent stream; or using a vapor balancing system. If a non-flare combustion device is used to control a halogenated vent stream, then a halogen reduction device must be used either before or after the combustion device. If used after the combustion device, the halogen reduction device must meet either a minimum 95-percent reduction or a maximum 0.45 kilograms per hour (kg/ hr) emission rate of hydrogen halide or halogen. If used before the combustion device, the halogen reduction device must meet a maximum 0.45 kg/hr emission rate of hydrogen halide or halogen. 
The NESHAP requires heat 
exchangers to meet the provisions of subpart F, 40 CFR 63.104. Section 63.104 requires the implementation of a LDAR or monitoring program for heat exchange systems, unless the system meets certain design and operation provisions, or it is a once-through system that meets certain National Pollution Discharge Elimination System (NPDES) permit provisions. 
C. What data collection activities were 
conducted to support this action? 
The EPA held discussions with the 
American Coatings Association and the American Chemistry Council. During these meetings, we obtained supplemental information about the emission inventory, emission processes, control technologies, and speciation profiles. D. What other relevant background information and data are available? 
The EPA used information from the 
Reasonably Available Control Technology, Best Available Control Technology, and Lowest Achievable Emission Rate Clearinghouse (RBLC) database, reviewed title V permits for each MCM facility, and reviewed NOCS reports. The EPA reviewed the RBLC to identify potential additional control technologies. No additional control technologies applicable to MCM were found in the RBLC. See sections III.B and IV.D of this preamble and the memorandum, ‘‘Technology Review for the Miscellaneous Coating Manufacturing Source Category,’’ which is available in the docket for this action. 
Lastly, the EPA is incorporating into 
the docket for this rulemaking, all materials associated with the development of the current MCM standards from Docket ID No. A–96–04 and Docket ID No. EPA–HQ–OAR– 2003–0178. Publicly available docket materials are available either electronically at https://www.regulations.gov/, or in hard copy at 
the EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. 
III. Analytical Procedures and 
Decision-Making 
In this section, we describe the 
analyses performed to support the proposed decisions for the RTR and other issues addressed in this action. 
A. How do we consider risk in our 
decision-making? 
As discussed in section II.A of this 
preamble and in the Benzene NESHAP, in evaluating and developing standards under CAA section 112(f)(2), we apply a two-step approach to determine whether or not risks are acceptable and to determine if the standards provide an ample margin of safety to protect public health. As explained in the Benzene NESHAP, ‘‘the first step judgment on acceptability cannot be reduced to any single factor’’ and, thus, ‘‘[t]he Administrator believes that the acceptability of risk under section 112 is best judged on the basis of a broad set of health risk measures and information.’’ 54 FR 38046, September 14, 1989. Similarly, with regard to the ample margin of safety determination, ‘‘the Agency again considers all of the 
health risk and other health information considered in the first step. Beyond that information, additional factors relating to the appropriate level of control will also be considered, including cost and economic impacts of controls, technological feasibility, uncertainties, and any other relevant factors.’’ Id. 
The Benzene NESHAP approach 
provides flexibility regarding factors the EPA may consider in making determinations and how the EPA may weigh those factors for each source category. The EPA conducts a risk assessment that provides estimates of the MIR posed by the HAP emissions from each source in the source category, the hazard index (HI) for chronic exposures to HAP with the potential to cause noncancer health effects, and the 
hazard quotient (HQ) for acute exposures to HAP with the potential to cause noncancer health effects.
2The 
assessment also provides estimates of the distribution of cancer risk within the exposed populations, cancer incidence, and an evaluation of the potential for an adverse environmental effect. The scope of the EPA’s risk analysis is consistent with the EPA’s response to comments on our policy under the Benzene NESHAP where the EPA explained that: 
‘‘[t]he policy chosen by the Administrator 
permits consideration of multiple measures 
of health risk. Not only can the MIR figure be considered, but also incidence, the presence of non-cancer health effects, and the uncertainties of the risk estimates. In this way, the effect on the most exposed individuals can be reviewed as well as the impact on the general public. These factors can then be weighed in each individual case. This approach complies with the Vinyl Chloride mandate that the Administrator 
ascertain an acceptable level of risk to the public by employing his expertise to assess available data. It also complies with the Congressional intent behind the CAA, which did not exclude the use of any particular measure of public health risk from the EPA’s consideration with respect to CAA section 112 regulations, and thereby implicitly permits consideration of any and all measures of health risk which the Administrator, in his judgment, believes are appropriate to determining what will ‘protect the public health’.’’ 
See 54 FR 38057, September 14, 1989. 
Thus, the level of the MIR is only one factor to be weighed in determining acceptability of risk. The Benzene NESHAP explained that ‘‘an MIR of approximately one in 10 thousand 
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3Recommendations of the SAB Risk and 
Technology Review Methods Panel are provided in 
their report, which is available at: https://yosemite.epa.gov/sab/sabproduct.nsf/4AB3966E263D943A8525771F00668381/$File/EPA-SAB-10- 007-unsigned.pdf. should ordinarily be the upper end of 
the range of acceptability. As risks increase above this benchmark, they become presumptively less acceptable under CAA section 112, and would be weighed with the other health risk measures and information in making an overall judgment on acceptability. Or, the Agency may find, in a particular case, that a risk that includes an MIR less than the presumptively acceptable level is unacceptable in the light of other health risk factors.’’ Id. at 38045. 
In other words, risks that include an MIR above 100-in-1 million may be determined to be acceptable, and risks with an MIR below that level may be determined to be unacceptable, depending on all of the available health information. Similarly, with regard to the ample margin of safety analysis, the EPA stated in the Benzene NESHAP that: ‘‘EPA believes the relative weight of the many factors that can be considered in selecting an ample margin of safety can only be determined for each specific source category. This occurs mainly because technological and economic factors (along with the health-related factors) vary from source category to source category.’’ Id. at 
38061. We also consider the uncertainties associated with the various risk analyses, as discussed earlier in this preamble, in our determinations of acceptability and ample margin of safety. 
The EPA notes that it has not 
considered certain health information to date in making residual risk determinations. At this time, we do not attempt to quantify the HAP risk that may be associated with emissions from other facilities that do not include the source category under review, mobile source emissions, natural source emissions, persistent environmental pollution, or atmospheric transformation in the vicinity of the sources in the category. 
The EPA understands the potential 
importance of considering an individual’s total exposure to HAP in addition to considering exposure to HAP emissions from the source category and facility. We recognize that such consideration may be particularly important when assessing noncancer risk, where pollutant-specific exposure health reference levels (e.g., reference 
concentrations (RfCs)) are based on the assumption that thresholds exist for adverse health effects. For example, the EPA recognizes that, although exposures attributable to emissions from a source category or facility alone may not indicate the potential for increased risk 
of adverse noncancer health effects in a population, the exposures resulting from emissions from the facility in 
combination with emissions from all of the other sources (e.g., other facilities) to 
which an individual is exposed may be sufficient to result in an increased risk of adverse noncancer health effects. In May 2010, the Science Advisory Board (SAB) advised the EPA ‘‘that RTR assessments will be most useful to decision makers and communities if results are presented in the broader context of aggregate and cumulative risks, including background concentrations and contributions from other sources in the area.’’
3 
In response to the SAB 
recommendations, the EPA incorporates cumulative risk analyses into its RTR risk assessments, including those reflected in this action. The Agency (1) conducts facility-wide assessments, which include source category emission points, as well as other emission points within the facilities; (2) combines exposures from multiple sources in the same category that could affect the same individuals; and (3) for some persistent and bioaccumulative pollutants, analyzes the ingestion route of exposure. In addition, the RTR risk assessments consider aggregate cancer risk from all carcinogens and aggregated noncancer HQs for all noncarcinogens affecting the same target organ or target organ system. 
Although we are interested in placing 
source category and facility-wide HAP risk in the context of total HAP risk from all sources combined in the vicinity of each source, we are concerned about the uncertainties of doing so. Estimates of total HAP risk 
from emission sources other than those that we have studied in depth during this RTR review would have significantly greater associated uncertainties than the source category or facility-wide estimates. Such aggregate or cumulative assessments would compound those uncertainties, making the assessments too unreliable. 
B. How do we perform the technology 
review? 
Our technology review focuses on the 
identification and evaluation of developments in practices, processes, and control technologies that have occurred since the MACT standards were promulgated. Where we identify such developments, we analyze their technical feasibility, estimated costs, energy implications, and non-air environmental impacts. We also consider the emission reductions associated with applying each development. This analysis informs our decision of whether it is ‘‘necessary’’ to revise the emissions standards. In addition, we consider the appropriateness of applying controls to new sources versus retrofitting existing sources. For this exercise, we consider any of the following to be a ‘‘development’’: 
•Any add-on control technology or 
other equipment that was not identified and considered during development of the original MACT standards; 
•Any improvements in add-on 
control technology or other equipment (that were identified and considered during development of the original MACT standards) that could result in additional emissions reduction; 
•Any work practice or operational 
procedure that was not identified or considered during development of the original MACT standards; 
•Any process change or pollution 
prevention alternative that could be broadly applied to the industry and that was not identified or considered during development of the original MACT standards; and 
•Any significant changes in the cost 
(including cost effectiveness) of applying controls (including controls the EPA considered during the development of the original MACT standards). 
In addition to reviewing the practices, 
processes, and control technologies that were considered at the time we originally developed the NESHAP, we review a variety of data sources in our investigation of potential practices, processes, or controls to consider. See sections II.C and II. D of this preamble for information on the specific data sources that were reviewed as part of the technology review. 
C. How do we estimate post-MACT risk 
posed by the source category? 
In this section, we provide a complete 
description of the types of analyses that we generally perform during the risk assessment process. In some cases, we do not perform a specific analysis because it is not relevant. For example, in the absence of emissions of HAP known to be persistent and bioaccumulative in the environment (PB–HAP), we would not perform a multipathway exposure assessment. Where we do not perform an analysis, we state that we do not and provide the reason. While we present all of our risk assessment methods, we only present risk assessment results for the analyses 
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4U.S. EPA. Risk and Technology Review (RTR) 
Risk Assessment Methodologies: For Review by the 
EPA’s Science Advisory Board with Case Studies— MACT I Petroleum Refining Sources and Portland Cement Manufacturing, June 2009. EPA–452/R–09– 006. https://www3.epa.gov/airtoxics/rrisk/ 
rtrpg.html. 5For more information about HEM–3, go to 
https://www.epa.gov/fera/risk-assessment-and- modeling-human-exposure-model-hem. 
6U.S. EPA. Revision to the Guideline on Air 
Quality Models: Adoption of a Preferred General Purpose (Flat and Complex Terrain) Dispersion Model and Other Revisions (70 FR 68218, November 9, 2005). actually conducted (see section IV.B of 
this preamble). 
The EPA conducts a risk assessment 
that provides estimates of the MIR for cancer posed by the HAP emissions from each source in the source category, the HI for chronic exposures to HAP with the potential to cause noncancer health effects, and the HQ for acute exposures to HAP with the potential to cause noncancer health effects. The assessment also provides estimates of the distribution of cancer risk within the exposed populations, cancer incidence, and an evaluation of the potential for an adverse environmental effect. The seven sections that follow this paragraph describe how we estimated emissions and conducted the risk assessment. The docket for this rulemaking contains the following document which provides more information on the risk assessment inputs and models: Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the 2019 Risk and Technology Review Proposed Rule. The methods used to assess risk (as described in the seven primary steps 
below) are consistent with those described by the EPA in the document reviewed by a panel of the EPA’s SAB in 2009;
4and described in the SAB 
review report issued in 2010. They are also consistent with the key recommendations contained in that report. 
1. How did we estimate actual 
emissions and identify the emissions release characteristics? 
For each facility that we determined 
to be subject to the MACT standards (see section II.B of this preamble), we gathered emissions data from Version 1 of the 2014 National Emissions Inventory (NEI). For each NEI record, we reviewed the source classification code and emission unit and process descriptions, and then assigned the record to an emission source type regulated by the MACT standards (i.e., each record identified as part of the MCM affected source at each facility was labeled storage tank, waste water, process vessel, equipment leak, or unknown) or an emission source type not regulated by the MACT standards (i.e., each record that was not identified 
as part of the MCM affected source at each facility was labeled non-source category type). The non-source category type emissions sources are units or 
processes that are co-located at one or more of the MCM facilities but are not part of the MCM source category. For example, some of the MCM affected sources are co-located with organic chemical manufacturing operations that are part of a different source category (i.e., Miscellaneous Organic Chemical 
Manufacturing) which is regulated by a different NESHAP (40 CFR part 63, subpart FFFF). 
The EPA reviewed permits, contacted 
EPA Regional offices, and asked the American Coatings Association to review (and revise, if necessary) the NEI-based data described above, including emission values, emission release point parameters, coordinates, and emission process group assignments. We used all this information to reevaluate our emission process group assignments for each NEI record in the modeling file. We also used this information to update emission release point parameter data. In other words, we used the industry response data wherever possible (in lieu of the data we established using the NEI and gap fill procedures), unless the data failed certain quality assurance checks. 
For further details on the assumptions 
and methodologies used to estimate actual emissions and identify the emissions release characteristics, see Appendix 1 of Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Categories in Support of the 2019 Risk and Technology Review Proposed Rule, in Docket ID No. EPA–HQ–OAR–2018– 0747. 
2. How did we estimate MACT- 
allowable emissions? 
The available emissions data in the 
RTR emissions dataset include estimates of the mass of HAP emitted during a specified annual time period. These ‘‘actual’’ emission levels are often lower 
than the emission levels allowed under the provisions of the current MACT standards. The emissions allowed under the MACT standards are referred to as the ‘‘MACT-allowable’’ emissions. We discussed the consideration of both MACT-allowable and actual emissions in the final Coke Oven Batteries RTR (70 FR 19998–19999, April 15, 2005) and in the proposed and final Hazardous Organic NESHAP (HON) RTR (71 FR 34428, June 14, 2006, and 71 FR 76609, December 21, 2006, respectively). In those actions, we noted that assessing the risk at the MACT-allowable level is inherently reasonable since that risk reflects the maximum level facilities could emit and still comply with national emission standards. We also explained that it is reasonable to consider actual emissions, where such data are available, in both steps of the risk analysis, in accordance with the Benzene NESHAP approach. (54 FR 38044, September 14, 1989.) 
For the risk assessment, we have 
determined that the actual emissions data are reasonable estimates of the MACT-allowable emissions levels for the MCM source category. In preparation of this RTR, we did not conduct an information collection of the equipment in this source category. Instead, we relied primarily upon the 2014 NEI emissions data and readily available title V permit information to characterize the actual emissions from the source category. In addition, the emission standards in 40 CFR part 63, subpart HHHH are generally equipment and work-practice requirements, rather than numerical emission limits. Therefore, we consider the use of 2014 NEI actual emissions as the best available reasonable approximation of allowable emissions for the risk assessment. 
3. How do we conduct dispersion 
modeling, determine inhalation exposures, and estimate individual and population inhalation risk? 
Both long-term and short-term 
inhalation exposure concentrations and health risk from the source category addressed in this action were estimated using the Human Exposure Model (HEM–3).
5The HEM–3 performs three 
primary risk assessment activities: (1) Conducting dispersion modeling to estimate the concentrations of HAP in ambient air, (2) estimating long-term and short-term inhalation exposures to individuals residing within 50 kilometers (km) of the modeled sources, and (3) estimating individual and population-level inhalation risk using the exposure estimates and quantitative dose-response information. 
a. Dispersion Modeling 
The air dispersion model AERMOD, 
used by the HEM–3 model, is one of the 
EPA’s preferred models for assessing air pollutant concentrations from industrial facilities.
6To perform the dispersion 
modeling and to develop the preliminary risk estimates, HEM–3 draws on three data libraries. The first is a library of meteorological data, 
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7A census block is the smallest geographic area 
for which census statistics are tabulated. 8The EPA’s 2005 Guidelines for Carcinogen Risk 
Assessment classifies carcinogens as: ‘‘carcinogenic 
to humans,’’ ‘‘likely to be carcinogenic to humans,’’ 
and ‘‘suggestive evidence of carcinogenic potential.’’ These classifications also coincide with the terms ‘‘known carcinogen, probable carcinogen, and possible carcinogen,’’ respectively, which are the terms advocated in the EPA’s Guidelines for Carcinogen Risk Assessment, published in 1986 (51 FR 33992, September 24, 1986). In August 2000, the document, Supplemental Guidance for Conducting 
Health Risk Assessment of Chemical Mixtures (EPA/630/R–00/002), was published as a supplement to the 1986 document. Copies of both documents can be obtained from https://cfpub.epa.gov/ncea/risk/recordisplay.cfm?deid=20533&CFID=70315376&;CFTOKEN=71597944. Summing the risk of these individual compounds to obtain the cumulative cancer risk is an approach that was recommended by the EPA’s SAB in their 2002 peer review of the EPA’s National Air Toxics Assessment (NATA) titled NATA—Evaluating the National-scale Air Toxics Assessment 1996 Data— an SAB Advisory, available at https://yosemite.epa.gov/sab/sabproduct.nsf/214C6E915BB04E14852570CA007A682C/$File/ecadv02001.pdf. which is used for dispersion 
calculations. This library includes 1 year (2016) of hourly surface and upper air observations from 824 meteorological stations, selected to provide coverage of the United States and Puerto Rico. A second library of United States Census Bureau census block
7internal point locations and 
populations provides the basis of human exposure calculations (U.S. Census, 2010). In addition, for each census block, the census library includes the elevation and controlling hill height, which are also used in dispersion calculations. A third library of pollutant-specific dose-response values is used to estimate health risk. These are discussed below. 
b. Risk From Chronic Exposure to HAP 
In developing the risk assessment for 
chronic exposures, we use the estimated 
annual average ambient air concentrations of each HAP emitted by each source in the source category. The HAP air concentrations at each nearby census block centroid located within 50 km of the facility are a surrogate for the chronic inhalation exposure concentration for all the people who 
reside in that census block. A distance of 50 km is consistent with both the analysis supporting the 1989 Benzene NESHAP (54 FR 38044, September 14, 1989) and the limitations of Gaussian dispersion models, including AERMOD. 
For each facility, we calculate the 
maximum individual risk (MIR) as the cancer risk associated with a continuous lifetime (24 hours per day, 7 days per week, 52 weeks per year, 70 years) exposure to the maximum concentration at the centroid of each inhabited census block. We calculate individual cancer risk by multiplying the estimated lifetime exposure to the ambient concentration of each HAP (in micrograms per cubic meter (mg/m
3)) by 
its unit risk estimate (URE). The URE is an upper-bound estimate of an individual’s incremental risk of contracting cancer over a lifetime of exposure to a concentration of 1 microgram of the pollutant per cubic meter of air. For residual risk assessments, we generally use UREs from the EPA’s Integrated Risk Information System (IRIS). For carcinogenic pollutants without IRIS values, we look to other reputable sources of cancer dose-response values, we look to other reputable sources of cancer dose-response values, often using California EPA (CalEPA) UREs, where available. In cases where new, scientifically credible dose-response 
values have been developed in a manner consistent with EPA guidelines and have undergone a peer review process similar to that used by the EPA, we may use such dose-response values in place of, or in addition to, other values, if appropriate. The pollutant-specific dose-response values used to estimate health risk are available at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air- pollutants. 
To estimate individual lifetime cancer 
risks associated with exposure to HAP emissions from each facility in the source category, we sum the risks for each of the carcinogenic HAP
8emitted 
by the modeled facility. We estimate cancer risk at every census block within 50 km of every facility in the source category. The MIR is the highest individual lifetime cancer risk estimated for any of those census blocks. In addition to calculating the MIR, we estimate the distribution of individual cancer risks for the source category by summing the number of individuals within 50 km of the sources whose estimated risk falls within a specified risk range. We also estimate annual cancer incidence by multiplying the estimated lifetime cancer risk at each census block by the number of people residing in that block, summing results for all of the census blocks, and then dividing this result by a 70-year lifetime. 
To assess the risk of noncancer health 
effects from chronic exposure to HAP, we calculate either an HQ or a target 
organ-specific hazard index (TOSHI). We calculate an HQ when a single noncancer HAP is emitted. Where more than one noncancer HAP is emitted, we sum the HQ for each of the HAP that 
affects a common target organ or target organ system to obtain a TOSHI. The HQ is the estimated exposure divided by the chronic noncancer dose-response value, which is a value selected from one of several sources. The preferred chronic noncancer dose-response value is the EPA RfC, defined as ‘‘an estimate (with uncertainty spanning perhaps an order of magnitude) of a continuous inhalation exposure to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of deleterious effects during a lifetime’’ (https://iaspub.epa.gov/sor_ internet/registry/
termreg/searchandretrieve/glossariesandkeywordlists/search.do?details=&vocabName=IRIS%20Glossary). In cases where an RfC from the EPA’s IRIS is not available or where the EPA determines that using a value other than the RfC is appropriate, the chronic noncancer dose-response value can be a value from the following prioritized sources, which define their dose-response values similarly to the EPA: (1) The Agency for Toxic Substances and Disease Registry (ATSDR) Minimum Risk Level (https:// 
www.atsdr.cdc.gov/mrls/index.asp ); (2) 
the CalEPA Chronic Reference Exposure Level (REL) (https://oehha.ca.gov/air/crnr/notice-adoption-air-toxics-hot-spots-program-guidance-manual- preparation-health-risk-0); or (3) as noted above, a scientifically credible dose-response value that has been developed in a manner consistent with the EPA guidelines and has undergone a peer review process similar to that used by the EPA. The pollutant-specific dose-response values used to estimate health risks are available at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks- associated-exposure-hazardous-air-pollutants. 
c. Risk From Acute Exposure to HAP 
That May Cause Health Effects Other Than Cancer 
For each HAP for which appropriate 
acute inhalation dose-response values are available, the EPA also assesses the potential health risks due to acute exposure. For these assessments, the EPA makes conservative assumptions about emission rates, meteorology, and exposure location. In this proposed rulemaking, as part of our efforts to continually improve our methodologies to evaluate the risks that HAP emitted from categories of industrial sources pose to human health and the 
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9See, e.g., U.S. EPA. Screening Methodologies to 
Support Risk and Technology Reviews (RTR): A 
Case Study Analysis (Draft Report, May 2017. https://www3.epa.gov/ttn/atw/rrisk/rtrpg.html ). 
10In the absence of hourly emission data, we 
develop estimates of maximum hourly emission rates by multiplying the average actual annual emission rates by a factor (either a category-specific factor or a default factor of 10) to account for variability. This is documented in Residual Risk Assessment for Miscellaneous Coating Manufacturing Source Category in Support of the 2019 Risk and Technology Review Proposed Rule and in Appendix 5 of the report: Technical Support Document for Acute Risk Screening Assessment. Both are available in the docket for this rulemaking. 
11CalEPA issues acute RELs as part of its Air 
Toxics Hot Spots Program, and the 1-hour and 8- hour values are documented in Air Toxics Hot Spots Program Risk Assessment Guidelines, Part I, The Determination of Acute Reference Exposure Levels for Airborne Toxicants, which is available at https://oehha.ca.gov/air/general-info/oehha-acute- 8-hour-and-chronic-reference-exposure-level-rel-summary. 
12National Academy of Sciences, 2001. Standing 
Operating Procedures for Developing Acute Exposure Levels for Hazardous Chemicals, page 2. Available at https://www.epa.gov/sites/production/files/2015-09/documents/sop _final_ standing_
operating_ procedures_ 2001.pdf. Note that the 
National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances ended in October 2011, but the AEGL program continues to operate at the EPA and works with the National Academies to publish final AEGLs (https://www.epa.gov/aegl). 
13ERPGS Procedures and Responsibilities. March 
2014. American Industrial Hygiene Association. Available at: https://www.aiha.org/get-involved/
AIHAGuidelineFoundation/EmergencyResponsePlanningGuidelines/Documents/ERPG%20Committee%20Standard%20Operating%20Procedures%20%20-%20March%202014%20Revision%20%28Updated%2010-2-2014%29.pdf. environment,9we are revising our 
treatment of meteorological data to use 
reasonable worst-case air dispersion conditions in our acute risk screening assessments instead of worst-case air dispersion conditions. This revised treatment of meteorological data and the 
supporting rationale are described in more detail in Residual Risk Assessment for Miscellaneous Coating Manufacturing Source Category in Support of the 2019 Risk and Technology Review Proposed Rule and in Appendix 5 of the report: Technical Support Document for Acute Risk Screening Assessment. We will be applying this revision in RTR rulemakings proposed on or after June 3, 2019. 
To assess the potential acute risk to 
the maximally exposed individual, we use the peak hourly emission rate for each emission point,
10reasonable 
worst-case air dispersion conditions (i.e., 99th percentile), and the point of 
highest off-site exposure. Specifically, we assume that peak emissions from the source category and reasonable worst- case air dispersion (i.e., 99th percentile) 
conditions co-occur and that a person is present at the point of maximum exposure. 
To characterize the potential health 
risks associated with estimated acute inhalation exposures to a HAP, we generally use multiple acute dose- response values, including acute RELs, acute exposure guideline levels (AEGLs), and emergency response planning guidelines (ERPG) for 1-hour exposure durations, if available, to calculate acute HQs. The acute HQ is calculated by dividing the estimated acute exposure concentration by the acute dose-response value. For each HAP for which acute dose-response values are available, the EPA calculates acute HQs. 
An acute REL is defined as ‘‘the 
concentration level at or below which no adverse health effects are anticipated for a specified exposure duration.’’
11 Acute RELs are based on the most 
sensitive, relevant, adverse health effect reported in the peer-reviewed medical 
and toxicological literature. They are designed to protect the most sensitive individuals in the population through the inclusion of margins of safety. Because margins of safety are incorporated to address data gaps and uncertainties, exceeding the REL does not automatically indicate an adverse health impact. AEGLs represent threshold exposure limits for the general public and are applicable to emergency exposures ranging from 10 minutes to 8 hours.
12They are guideline levels for 
‘‘once-in-a-lifetime, short-term exposures to airborne concentrations of acutely toxic, high-priority chemicals.’’ Id. at 21. The AEGL–1 is specifically 
defined as ‘‘the airborne concentration (expressed as ppm (parts per million) or mg/m
3(milligrams per cubic meter)) of 
a substance above which it is predicted that the general population, including susceptible individuals, could experience notable discomfort, irritation, or certain asymptomatic nonsensory effects. However, the effects are not disabling and are transient and reversible upon cessation of exposure.’’ The document also notes that ‘‘Airborne concentrations below AEGL–1 represent exposure levels that can produce mild and progressively increasing but transient and nondisabling odor, taste, and sensory irritation or certain asymptomatic, nonsensory effects.’’ Id. AEGL–2 are defined as ‘‘the airborne concentration (expressed as parts per million or milligrams per cubic meter) of a substance above which it is predicted that the general population, including susceptible individuals, could experience irreversible or other serious, long-lasting adverse health effects or an impaired ability to escape.’’ Id. 
ERPGs are ‘‘developed for emergency 
planning and are intended as health- based guideline concentrations for single exposures to chemicals.’’
13Id. at 1. The ERPG–1 is defined as ‘‘the 
maximum airborne concentration below which it is believed that nearly all individuals could be exposed for up to 1 hour without experiencing other than mild transient adverse health effects or without perceiving a clearly defined, objectionable odor.’’ Id. at 2. Similarly, 
the ERPG–2 is defined as ‘‘the maximum airborne concentration below which it is believed that nearly all individuals could be exposed for up to 1 hour without experiencing or developing irreversible or other serious health effects or symptoms which could impair an individual’s ability to take protective action.’’ Id. at 1. 
An acute REL for 1-hour exposure 
durations is typically lower than its corresponding AEGL–1 and ERPG–1. Even though their definitions are slightly different, AEGL–1s are often the same as the corresponding ERPG–1s, and AEGL–2s are often equal to ERPG– 2s. The maximum HQs from our acute inhalation screening risk assessment typically result when we use the acute REL for a HAP. In cases where the maximum acute HQ exceeds 1, we also report the HQ based on the next highest acute dose-response value (usually the AEGL–1 and/or the ERPG–1). 
For this source category, we used the 
default acute emissions multiplier of 10 to conservatively estimate maximum hourly rates. 
In our acute inhalation screening risk 
assessment, acute impacts are deemed negligible for HAP for which acute HQs are less than or equal to 1, and no further analysis is performed for these HAP. In cases where an acute HQ from the screening step is greater than 1, we assess the site-specific data to ensure that the acute HQ is at an off-site location. For this source category, the data refinements employed consisted of determining the off-site acute risks for each facility that had an initial HQ greater than 1. These refinements are discussed more fully in the Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket for this source category. 
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14Burger, J. 2002. Daily consumption of wild fish 
and game: Exposures of high end recreationists. 
International Journal of Environmental Health Research 12:343–354. 
15U.S. EPA. Exposure Factors Handbook 2011 
Edition (Final). U.S. Environmental Protection 
Agency, Washington, DC, EPA/600/R–09/052F, 2011. 
16In doing so, the EPA notes that the legal 
standard for a primary NAAQS—that a standard is requisite to protect public health and provide an adequate margin of safety (CAA section 109(b))— differs from the CAA section 112(f) standard (requiring, among other things, that the standard provide an ‘‘ample margin of safety to protect public health’’). However, the primary lead NAAQS is a reasonable measure of determining risk acceptability (i.e., the first step of the Benzene 
NESHAP analysis) since it is designed to protect the most susceptible group in the human population— children, including children living near major lead emitting sources. 73 FR 67002/3; 73 FR 67000/3; 73 FR 67005/1. In addition, applying the level of the primary lead NAAQS at the risk acceptability step is conservative, since that primary lead NAAQS reflects an adequate margin of safety. 4. How do we conduct the 
multipathway exposure and risk screening assessment? 
The EPA conducts a tiered screening 
assessment examining the potential for significant human health risks due to exposures via routes other than inhalation (i.e., ingestion). We first 
determine whether any sources in the source category emit any HAP known to be persistent and bioaccumulative in the environment, as identified in the EPA’s Air Toxics Risk Assessment Library (see Volume 1, Appendix D, at https://www.epa.gov/fera/risk-assessment-and- modeling-air-toxics-risk-assessment- reference-library. 
For the MCM source category, we 
identified PB–HAP emissions of 
cadmium compounds, polycyclic organic matter (POM), arsenic compounds, mercury compounds, and lead compounds, so we proceeded to the next step of the evaluation. Except for lead, the human health risk screening assessment for PB–HAP consists of three progressive tiers. In a Tier 1 screening assessment, we determine whether the magnitude of the facility-specific emissions of the PB– HAP warrants further evaluation to characterize human health risk through ingestion exposure. To facilitate this step, we evaluate emissions against previously developed screening threshold emission rates for several PB– HAP that are based on a hypothetical upper-end screening exposure scenario developed for use in conjunction with the EPA’s Total Risk Integrated Methodology.Fate, Transport, and Ecological Exposure (TRIM.FaTE) model. The PB–HAP with screening threshold emission rates are arsenic compounds, cadmium compounds, chlorinated dibenzodioxins and furans, mercury compounds, and POM. Based on the EPA estimates of toxicity and bioaccumulation potential, these pollutants represent a conservative list for inclusion in multipathway risk assessments for RTR rules. (See Volume 1, Appendix D at https://www.epa.gov/ sites/production/files/2013-08/ documents/volume_ 1_reflibrary.pdf.) In 
this assessment, we compare the facility-specific emission rates of these PB–HAP to the screening threshold emission rates for each PB–HAP to assess the potential for significant human health risks via the ingestion pathway. We call this application of the TRIM.FaTE model the Tier 1 screening assessment. The ratio of a facility’s actual emission rate to the Tier 1 screening threshold emission rate is a ‘‘screening value.’’ We derive the Tier 1 screening 
threshold emission rates for these PB– 
HAP (other than lead compounds) to correspond to a maximum excess lifetime cancer risk of 1-in-1 million (i.e., for arsenic compounds, 
polychlorinated dibenzodioxins and furans and POM) or, for HAP that cause noncancer health effects (i.e., cadmium 
compounds and mercury compounds), a maximum HQ of 1. If the emission rate of any one PB–HAP or combination of carcinogenic PB–HAP in the Tier 1 screening assessment exceeds the Tier 1 screening threshold emission rate for any facility (i.e., the screening value is 
greater than 1), we conduct a second screening assessment, which we call the Tier 2 screening assessment. The Tier 2 screening assessment separates the Tier 1 combine fisher and farmer exposure scenario into fisher, farmer, and gardener scenarios that retain upper- bound ingestion rates. 
In the Tier 2 screening assessment, 
the location of each facility that exceeds a Tier 1 screening threshold emission rate is used to refine the assumptions associated with the Tier 1 fisher and farmer exposure scenarios at that facility. A key assumption in the Tier 1 screening assessment is that a lake and/ or farm is located near the facility. As part of the Tier 2 screening assessment, we use a U.S. Geological Survey (USGS) database to identify actual waterbodies within 50 km of each facility and assume the fisher only consumes fish from lakes within that 50 km zone. We also examine the differences between local meteorology near the facility and the meteorology used in the Tier 1 screening assessment. We then adjust the previously-developed Tier 1 screening threshold emission rates for each PB–HAP for each facility based on an understanding of how exposure concentrations estimated for the screening scenario change with the use of local meteorology and USGS lakes database. 
In the Tier 2 farmer scenario, we 
maintain an assumption that the farm is located within 0.5 km of the facility and that the farmer consumes meat, eggs, dairy, vegetables, and fruit produced near the facility. We may further refine the Tier 2 screening analysis by assessing a gardener scenario to characterize a range of exposures, with the gardener scenario being more plausible in RTR evaluations. Under the gardener scenario, we assume the gardener consumes home-produced eggs, vegetables, and fruit products at the same ingestion rate as the farmer. The Tier 2 screen continues to rely on 
the high-end food intake assumptions that were applied in Tier 1 for local fish (adult female angler at 99th percentile 
fish consumption
14) and locally grown 
or raised foods (90th percentile consumption of locally grown or raised foods for the farmer and gardener scenarios
15). If PB–HAP emission rates 
do not result in a Tier 2 screening value greater than 1, we consider those PB– HAP emissions to pose risks below a level of concern. If the PB–HAP emission rates for a facility exceed the Tier 2 screening threshold emission rates, we may conduct a Tier 3 screening assessment. 
There are several analyses that can be 
included in a Tier 3 screening assessment, depending upon the extent of refinement warranted, including validating that the lakes are fishable, locating residential/garden locations for urban and/or rural settings, considering plume-rise to estimate emissions lost above the mixing layer, and considering hourly effects of meteorology and plume rise on chemical fate and transport (a time-series analysis). If necessary, the EPA may further refine the screening assessment through a site-specific assessment. 
In evaluating the potential 
multipathway risk from emissions of lead compounds, rather than developing a screening threshold emission rate, we compare maximum estimated chronic inhalation exposure concentrations to the level of the current National Ambient Air Quality Standard (NAAQS) for lead.
16Values below the level of the 
primary (health-based) lead NAAQS are considered to have a low potential for multipathway risk. 
For further information on the 
multipathway assessment approach, see the Residual Risk Assessment for the 
Miscellaneous Coating Manufacturing Source Category in Support of the Risk and Technology Review 2019 Proposed 
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Rule, which is available in the docket 
for this action. 
5. How do we conduct the 
environmental risk screening assessment? 
a. Adverse Environmental Effect, 
Environmental HAP, and Ecological Benchmarks 
The EPA conducts a screening 
assessment to examine the potential for an adverse environmental effect as required under section 112(f)(2)(A) of the CAA. Section 112(a)(7) of the CAA defines ‘‘adverse environmental effect’’ as ‘‘any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.’’ 
The EPA focuses on eight HAP, which 
are referred to as ‘‘environmental HAP,’’ in its screening assessment: Six PB– HAP and two acid gases. The PB–HAP included in the screening assessment are arsenic compounds, cadmium compounds, dioxins/furans, POM, mercury (both inorganic mercury and methyl mercury), and lead compounds. The acid gases included in the screening assessment are hydrochloric acid (HCl) and hydrogen fluoride (HF). 
HAP that persist and bioaccumulate 
are of particular environmental concern because they accumulate in the soil, sediment, and water. The acid gases, HCl and HF, are included due to their well-documented potential to cause direct damage to terrestrial plants. In the environmental risk screening assessment, we evaluate the following four exposure media: Terrestrial soils, surface water bodies (includes water- column and benthic sediments), fish consumed by wildlife, and air. Within these four exposure media, we evaluate nine ecological assessment endpoints, which are defined by the ecological entity and its attributes. For PB–HAP (other than lead), both community-level and population-level endpoints are included. For acid gases, the ecological assessment evaluated is terrestrial plant communities. 
An ecological benchmark represents a 
concentration of HAP that has been linked to a particular environmental effect level. For each environmental HAP, we identified the available ecological benchmarks for each assessment endpoint. We identified, where possible, ecological benchmarks at the following effect levels: Probable effect levels, lowest-observed-adverse- effect level, and no-observed-adverse- 
effect level. In cases where multiple effect levels were available for a particular PB–HAP and assessment endpoint, we use all of the available effect levels to help us to determine whether ecological risks exist and, if so, whether the risks could be considered significant and widespread. 
For further information on how the 
environmental risk screening assessment was conducted, including a discussion of the risk metrics used, how the environmental HAP were identified, and how the ecological benchmarks were selected, see Appendix 9 of the Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket 
for this action. 
b. Environmental Risk Screening 
Methodology 
For the environmental risk screening 
assessment, the EPA first determined whether any facilities in the MCM source category emitted any of the environmental HAP. For the MCM source category, we identified emissions of the PB–HAP listed above, plus HCl. Because one or more of the environmental HAP evaluated are emitted by at least one facility in the source category, we proceeded to the second step of the evaluation. 
c. PB–HAP Methodology 
The environmental screening 
assessment includes six PB–HAP, 
arsenic compounds, cadmium compounds, dioxins/furans, POM, mercury (both inorganic mercury and methyl mercury), and lead compounds. With the exception of lead, the environmental risk screening assessment for PB–HAP consists of three tiers. The first tier of the environmental risk screening assessment uses the same health-protective conceptual model that is used for the Tier 1 human health screening assessment. TRIM.FaTE model simulations were used to back- calculate Tier 1 screening threshold emission rates. The screening threshold emission rates represent the emission rate in tons of pollutant per year that results in media concentrations at the facility that equal the relevant ecological benchmark. To assess emissions from each facility in the category, the reported emission rate for each PB–HAP was compared to the Tier 1 screening threshold emission rate for that PB–HAP for each assessment endpoint and effect level. If emissions from a facility do not exceed the Tier 1 screening threshold emission rate, the facility ‘‘passes’’ the screening assessment, and, therefore, is not evaluated further under the screening approach. If emissions from a facility exceed the Tier 1 screening threshold emission rate, we evaluate the facility further in Tier 2. 
In Tier 2 of the environmental 
screening assessment, the screening threshold emission rates are adjusted to account for local meteorology and the actual location of lakes in the vicinity of facilities that did not pass the Tier 1 screening assessment. For soils, we evaluate the average soil concentration for all soil parcels within a 7.5-km radius for each facility and PB–HAP. For the water, sediment, and fish tissue concentrations, the highest value for each facility for each pollutant is used. If emission concentrations from a facility do not exceed the Tier 2 screening threshold emission rate, the facility ‘‘passes’’ the screening assessment and typically is not evaluated further. If emissions from a facility exceed the Tier 2 screening threshold emission rate, we evaluate the facility further in Tier 3. 
As in the multipathway human health 
risk assessment, in Tier 3 of the environmental screening assessment, we examine the suitability of the lakes around the facilities to support life and remove those that are not suitable (e.g., lakes that have been filled in or are industrial ponds), adjust emissions for plume-rise, and conduct hour-by-hour time-series assessments. If these Tier 3 adjustments to the screening threshold emission rates still indicate the potential for an adverse environmental effect (i.e., facility emission rate exceeds 
the screening threshold emission rate), we may elect to conduct a more refined assessment using more site-specific information. If, after additional refinement, the facility emission rate still exceeds the screening threshold emission rate, the facility may have the potential to cause an adverse environmental effect. 
To evaluate the potential for an 
adverse environmental effect from lead, we compared the average modeled air concentrations (from HEM–3) of lead around each facility in the source category to the level of the secondary NAAQS for lead. The secondary lead NAAQS is a reasonable means of evaluating environmental risk because it is set to provide substantial protection against adverse welfare effects which can include ‘‘effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values 
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and on personal comfort and well- 
being.’’ 
d. Acid Gas Environmental Risk 
Methodology 
The environmental screening 
assessment for acid gases evaluates the potential phytotoxicity and reduced productivity of plants due to chronic exposure to HF and HCl. The environmental risk screening methodology for acid gases is a single- tier screening assessment that compares modeled ambient air concentrations (from AERMOD) to the ecological benchmarks for each acid gas. To identify a potential adverse environmental effect (as defined in section 112(a)(7) of the CAA) from emissions of HF and HCl, we evaluate the following metrics: The size of the modeled area around each facility that exceeds the ecological benchmark for each acid gas, in acres and km
2; the 
percentage of the modeled area around each facility that exceeds the ecological benchmark for each acid gas; and the area-weighted average screening value around each facility (calculated by dividing the area-weighted average concentration over the 50-km modeling domain by the ecological benchmark for each acid gas). For further information on the environmental screening assessment approach, see Appendix 9 of the Residual Risk Assessment for the 
Miscellaneous Coating Manufacturing Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket 
for this action. 
6. How do we conduct facility-wide 
assessments? 
To put the source category risks in 
context, we typically examine the risks from the entire ‘‘facility,’’ where the 
facility includes all HAP-emitting operations within a contiguous area and under common control. In other words, we examine the HAP emissions not only from the source category emission points of interest, but also emissions of HAP from all other emission sources at the facility for which we have data. For this source category, we conducted the facility-wide assessment using a dataset compiled from the 2014 NEI. The source category records of that NEI dataset were removed, evaluated, and updated as described in section II.C of this preamble: What data collection activities were conducted to support this action? Once a quality assured source category dataset was available, it was placed back with the remaining records from the NEI for that facility. The facility-wide file was then used to analyze risks due to the inhalation of HAP that are emitted ‘‘facility-wide’’ for 
the populations residing within 50 km of each facility, consistent with the methods used for the source category analysis described above. For these facility-wide risk analyses, the modeled source category risks were compared to the facility-wide risks to determine the portion of the facility-wide risks that could be attributed to the source category addressed in this action. We also specifically examined the facility that was associated with the highest estimate of risk and determined the percentage of that risk attributable to the source category of interest. The Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, available through the docket for this action, provides the methodology and results of the facility-wide analyses, including all facility-wide risks and the percentage of source category contribution to facility- wide risks. 
7. How do we consider uncertainties in 
risk assessment? 
Uncertainty and the potential for bias 
are inherent in all risk assessments, including those performed for this proposal. Although uncertainty exists, we believe that our approach, which used conservative tools and assumptions, ensures that our decisions are health and environmentally protective. A brief discussion of the uncertainties in the RTR emissions dataset, dispersion modeling, inhalation exposure estimates, and dose-response relationships follows below. Also included are those uncertainties specific to our acute screening assessments, 
multipathway screening assessments, and our environmental risk screening assessments. A more thorough discussion of these uncertainties is included in the Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the Risk and Technology Review 2019 Proposed Rule, which is available in the docket for this action. If a multipathway site-specific assessment was performed for this source category, a full discussion of the uncertainties associated with that assessment can be found in Appendix 11 of that document, Site-Specific Human Health Multipathway Residual Risk Assessment Report. 
a. Uncertainties in the RTR Emissions 
Dataset 
Although the development of the RTR 
emissions dataset involved quality assurance/quality control processes, the accuracy of emissions values will vary depending on the source of the data, the 
degree to which data are incomplete or missing, the degree to which assumptions made to complete the datasets are accurate, errors in emission estimates, and other factors. The emission estimates considered in this analysis generally are annual totals for certain years, and they do not reflect short-term fluctuations during the course of a year or variations from year to year. The estimates of peak hourly emission rates for the acute effects screening assessment were based on an emission adjustment factor applied to the average annual hourly emission rates, which are intended to account for emission fluctuations due to normal facility operations. 
b. Uncertainties in Dispersion Modeling 
We recognize there is uncertainty in 
ambient concentration estimates 
associated with any model, including the EPA’s recommended regulatory dispersion model, AERMOD. In using a model to estimate ambient pollutant concentrations, the user chooses certain options to apply. For RTR assessments, we select some model options that have the potential to overestimate ambient air concentrations (e.g., not including 
plume depletion or pollutant transformation). We select other model options that have the potential to underestimate ambient impacts (e.g., not 
including building downwash). Other options that we select have the potential to either under- or overestimate ambient levels (e.g., meteorology and receptor 
locations). On balance, considering the directional nature of the uncertainties commonly present in ambient concentrations estimated by dispersion 
models, the approach we apply in the RTR assessments should yield unbiased estimates of ambient HAP concentrations. We also note that the selection of meteorology dataset location could have an impact on the risk estimates. As we continue to update and expand our library of meteorological station data used in our risk assessments, we expect to reduce this variability. 
c. Uncertainties in Inhalation Exposure 
Assessment 
Although every effort is made to 
identify all of the relevant facilities and emission points, as well as to develop accurate estimates of the annual emission rates for all relevant HAP, the uncertainties in our emission inventory likely dominate the uncertainties in the exposure assessment. Some uncertainties in our exposure assessment include human mobility, using the centroid of each census block, 
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17IRIS glossary (https://ofmpub.epa.gov/sor_
internet/registry/termreg/searchandretrieve/ 
glossariesandkeywordlists/search.do?details=&glossaryName=IRIS%20Glossary). 
18An exception to this is the URE for benzene, 
which is considered to cover a range of values, each end of which is considered to be equally plausible, and which is based on maximum likelihood estimates. 19See A Review of the Reference Dose and 
Reference Concentration Processes, U.S. EPA, December 2002, and Methods for Derivation of Inhalation Reference Concentrations and Application of Inhalation Dosimetry, U.S. EPA, 1994. assuming lifetime exposure, and 
assuming only outdoor exposures. For most of these factors, there is neither an under nor overestimate when looking at the maximum individual risk or the incidence, but the shape of the distribution of risks may be affected. With respect to outdoor exposures, actual exposures may not be as high if people spend time indoors, especially for very reactive pollutants or larger particles. For all factors, we reduce uncertainty when possible. For example, with respect to census-block centroids, we analyze large blocks using aerial imagery and adjust locations of the block centroids to better represent the population in the blocks. We also add additional receptor locations where the population of a block is not well represented by a single location. 
d. Uncertainties in Dose-Response 
Relationships 
There are uncertainties inherent in 
the development of the dose-response values used in our risk assessments for cancer effects from chronic exposures and noncancer effects from both chronic and acute exposures. Some uncertainties are generally expressed quantitatively, and others are generally expressed in qualitative terms. We note, as a preface to this discussion, a point on dose-response uncertainty that is stated in the EPA’s 2005 Guidelines for Carcinogen Risk Assessment; namely, that ‘‘the primary goal of EPA actions is protection of human health; accordingly, as an Agency policy, risk assessment procedures, including default options that are used in the absence of scientific data to the contrary, should be health protective’’ (the EPA’s 2005 Guidelines for Carcinogen Risk Assessment, page 1–7). This is the approach followed here as summarized in the next paragraphs. 
Cancer UREs used in our risk 
assessments are those that have been developed to generally provide an upper bound estimate of risk.
17That is, they 
represent a ‘‘plausible upper limit to the true value of a quantity’’ (although this is usually not a true statistical confidence limit). In some circumstances, the true risk could be as low as zero; however, in other circumstances the risk could be greater.
18Chronic noncancer RfC and reference dose (RfD) values represent 
chronic exposure levels that are intended to be health-protective levels. To derive dose-response values that are intended to be ‘‘without appreciable risk,’’ the methodology relies upon an uncertainty factor (UF) approach,
19 
which considers uncertainty, variability, and gaps in the available data. The UFs are applied to derive dose-response values that are intended to protect against appreciable risk of deleterious effects. 
Many of the UFs used to account for 
variability and uncertainty in the development of acute dose-response values are quite similar to those developed for chronic durations. Additional adjustments are often applied to account for uncertainty in extrapolation from observations at one exposure duration (e.g., 4 hours) to 
derive an acute dose-response value at another exposure duration (e.g., 1 hour). 
Not all acute dose-response values are developed for the same purpose, and care must be taken when interpreting the results of an acute assessment of human health effects relative to the dose-response value or values being exceeded. Where relevant to the estimated exposures, the lack of acute dose-response values at different levels of severity should be factored into the risk characterization as potential uncertainties. 
Uncertainty also exists in the 
selection of ecological benchmarks for the environmental risk screening assessment. We established a hierarchy of preferred benchmark sources to allow selection of benchmarks for each environmental HAP at each ecological assessment endpoint. We searched for benchmarks for three effect levels (i.e., no-effects level, threshold-effect level, and probable effect level), but not all combinations of ecological assessment/ environmental HAP had benchmarks for all three effect levels. Where multiple effect levels were available for a particular HAP and assessment endpoint, we used all of the available effect levels to help us determine 
whether risk exists and whether the risk could be considered significant and widespread. 
Although we make every effort to 
identify appropriate human health effect dose-response values for all pollutants emitted by the sources in this risk assessment, some HAP emitted by this source category are lacking dose- response assessments. Accordingly, 
these pollutants cannot be included in the quantitative risk assessment, which could result in quantitative estimates understating HAP risk. To help to alleviate this potential underestimate, where we conclude similarity with a HAP for which a dose-response value is available, we use that value as a surrogate for the assessment of the HAP for which no value is available. To the extent use of surrogates indicates appreciable risk, we may identify a need to increase priority for an IRIS assessment for that substance. We additionally note that, generally speaking, HAP of greatest concern due to environmental exposures and hazard are those for which dose-response assessments have been performed, reducing the likelihood of understating risk. Further, HAP not included in the quantitative assessment are assessed qualitatively and considered in the risk characterization that informs the risk management decisions, including consideration of HAP reductions achieved by various control options. 
For a group of compounds that are 
unspeciated (e.g., glycol ethers), we 
conservatively use the most protective dose-response value of an individual compound in that group to estimate risk. Similarly, for an individual compound in a group (e.g., ethylene 
glycol diethyl ether) that does not have a specified dose-response value, we also apply the most protective dose-response value from the other compounds in the group to estimate risk. 
e. Uncertainties in Acute Inhalation 
Screening Assessments 
In addition to the uncertainties 
highlighted above, there are several factors specific to the acute exposure assessment that the EPA conducts as part of the risk review under section 112 of the CAA. The accuracy of an acute inhalation exposure assessment depends on the simultaneous occurrence of independent factors that may vary greatly, such as hourly emission rates, meteorology, and the presence of a person. In the acute screening assessment that we conduct under the RTR program, we assume that 
peak emissions from the source category and reasonable worst-case air dispersion conditions (i.e., 99th percentile) co- 
occur. We then include the additional assumption that a person is located at this point at the same time. Together, these assumptions represent a reasonable worst-case exposure scenario. In most cases, it is unlikely that a person would be located at the point of maximum exposure during the time when peak emissions and 
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20In the context of this discussion, the term 
‘‘uncertainty’’ as it pertains to exposure and risk 
encompasses both variability in the range of expected inputs and screening results due to 
existing spatial, temporal, and other factors, as well as uncertainty in being able to accurately estimate 
the true result. reasonable worst-case air dispersion 
conditions occur simultaneously. 
f. Uncertainties in the Multipathway 
and Environmental Risk Screening Assessments 
For each source category, we 
generally rely on site-specific levels of PB–HAP or environmental HAP emissions to determine whether a refined assessment of the impacts from multipathway exposures is necessary or whether it is necessary to perform an environmental screening assessment. This determination is based on the results of a three-tiered screening assessment that relies on the outputs from models—TRIM.FaTE and AERMOD—that estimate environmental pollutant concentrations and human exposures for five PB–HAP (dioxins, POM, mercury, cadmium, and arsenic) and two acid gases (HF and hydrogen chloride). For lead, we use AERMOD to determine ambient air concentrations, which are then compared to the secondary NAAQS standard for lead. Two important types of uncertainty associated with the use of these models in RTR risk assessments and inherent to any assessment that relies on environmental modeling are model uncertainty and input uncertainty.
20 
Model uncertainty concerns whether 
the model adequately represents the actual processes (e.g., movement and 
accumulation) that might occur in the environment. For example, does the model adequately describe the movement of a pollutant through the soil? This type of uncertainty is difficult to quantify. However, based on feedback received from previous EPA SAB reviews and other reviews, we are confident that the models used in the screening assessments are appropriate and state-of-the-art for the multipathway and environmental screening risk assessments conducted in support of RTR. 
Input uncertainty is concerned with 
how accurately the models have been configured and parameterized for the assessment at hand. For Tier 1 of the multipathway and environmental screening assessments, we configured the models to avoid underestimating exposure and risk. This was accomplished by selecting upper-end values from nationally representative datasets for the more influential parameters in the environmental model, including selection and spatial configuration of the area of interest, lake location and size, meteorology, surface water, soil characteristics, and structure of the aquatic food web. We also assume an ingestion exposure scenario and values for human exposure factors that represent reasonable maximum exposures. 
In Tier 2 of the multipathway and 
environmental screening assessments, we refine the model inputs to account for meteorological patterns in the vicinity of the facility versus using upper-end national values, and we identify the actual location of lakes near the facility rather than the default lake location that we apply in Tier 1. By refining the screening approach in Tier 2 to account for local geographical and meteorological data, we decrease the likelihood that concentrations in environmental media are overestimated, thereby increasing the usefulness of the screening assessment. In Tier 3 of the screening assessments, we refine the model inputs again to account for hour- by-hour plume rise and the height of the mixing layer. We can also use those hour-by-hour meteorological data in a TRIM.FaTE run using the screening configuration corresponding to the lake location. These refinements produce a more accurate estimate of chemical concentrations in the media of interest, thereby reducing the uncertainty with those estimates. The assumptions and the associated uncertainties regarding the selected ingestion exposure scenario are the same for all three tiers. 
For the environmental screening 
assessment for acid gases, we employ a single-tiered approach. We use the modeled air concentrations and compare those with ecological benchmarks. 
For all tiers of the multipathway and 
environmental screening assessments, our approach to addressing model input uncertainty is generally cautious. We choose model inputs from the upper end of the range of possible values for the influential parameters used in the models, and we assume that the exposed individual exhibits ingestion behavior that would lead to a high total exposure. This approach reduces the likelihood of not identifying high risks for adverse impacts. 
Despite the uncertainties, when 
individual pollutants or facilities do not exceed screening threshold emission rates (i.e., screen out), we are confident 
that the potential for adverse multipathway impacts on human health is very low. On the other hand, when individual pollutants or facilities do exceed screening threshold emission rates, it does not mean that impacts are significant, only that we cannot rule out that possibility and that a refined assessment for the site might be necessary to obtain a more accurate risk characterization for the source category. 
The EPA evaluates the following HAP 
in the multipathway and/or environmental risk screening assessments, where applicable: arsenic, cadmium, dioxins/furans, lead, mercury (both inorganic and methyl mercury), POM, HCl, and HF. These HAP represent pollutants that can cause adverse impacts either through direct exposure to HAP in the air or through exposure to HAP that are deposited from the air onto soils and surface waters and then through the environment into the food web. These HAP represent those HAP for which we can conduct a meaningful multipathway or environmental screening risk assessment. For other HAP not included in our screening assessments, the model has not been parameterized such that it can be used for that purpose. In some cases, depending on the HAP, we may not have appropriate multipathway models that allow us to predict the concentration of that pollutant. The EPA acknowledges that other HAP beyond these that we are evaluating may have the potential to cause adverse effects and, therefore, the EPA may evaluate other relevant HAP in the future, as modeling science and resources allow. 
IV. Analytical Results and Proposed 
Decisions 
A. What are the results of the risk 
assessment and analyses? 
As described above, for the MCM 
source category, we conducted an inhalation risk assessment for all HAP emitted, a multipathway screening assessment on the PB–HAP emitted, and an environmental risk screening assessment on the PB–HAP and acid gases emitted. We present results of the risk assessment briefly below and in more detail in the document titled Residual Risk Assessment for the Miscellaneous Coating Manufacturing Source Category in Support of the 2019 Risk and Technology Review Proposed Rule, which is available in the docket 
for this rulemaking. 
1. Chronic Inhalation Risk Assessment 
Results 
Table 2 of this preamble provides a 
summary of the results of the inhalation risk assessment for the source category. 
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TABLE 2—MCM I NHALATION RISKASSESSMENT RESULTS5 
Number of facilities1 Maximum indi-
vidual cancer risk 
(in 1 million)2 Population at in-
creased risk of 
cancer ≥ 1-in-1 
million Annual cancer 
incidence 
(cases per year) Maximum chronic 
noncancer 
TOSHI3 Maximum screen-
ing acute non-
cancer HQ4 
43 ........................................................... 6 3,700 0.002 0.4 2 
1Number of facilities evaluated in the risk analysis. 
2Maximum individual excess lifetime cancer risk due to HAP emissions from the source category. 
3Maximum TOSHI. The target organ system with the highest TOSHI for the source category is respiratory. 
4The maximum estimated acute exposure concentration was divided by available short-term threshold values to develop an array of HQ val-
ues. HQ values shown use the lowest available acute threshold value, which in most cases is the REL. When an HQ exceeds 1, we also show 
the HQ using the next lowest available acute dose-response value. The HQ shown here is for glycol ethers, for which there are no other avail-able acute dose-response values. 
5For this source category, it was determined that baseline allowable emissions are equal to baseline actual emissions and, therefore, the risk 
summaries are the same. 
The results of the inhalation risk 
modeling for both actuals and 
allowables, as shown in Table 2 of this preamble, indicate the estimated cancer MIR is 6-in-1 million, with chromium (VI) compounds from process vents as the major contributor to the risk. The total estimated cancer incidence from this source category is 0.002 excess cancer cases per year, or one excess case in every 500 years. Approximately 3,700 people are estimated to have cancer risks greater than or equal to 1-in-1 million from HAP emitted from the facilities in this source category. The estimated maximum chronic noncancer TOSHI for the source category is 0.4 (respiratory), driven by emissions of acrylic acid from process vents. No one is exposed to TOSHI levels greater than 1. 
2. Screening-Level Acute Risk 
Assessment Results 
As shown in Table 2 above, the 
highest acute HQ based on the reasonable worst-case scenario is 2, based on the REL for glycol ethers. This is the highest HQ that is outside facility boundaries. One facility is estimated to have an HQ greater than 1 based on the REL, which is the only available benchmark for glycol ethers. Acute risk estimates for each facility and pollutant are provided in the risk assessment document, which is available in the docket for this rulemaking. 
3. Multipathway Risk Screening Results 
Potential multipathway health risks 
under a fisher and farmer/gardener scenario were identified using a three- 
tier screening assessment of the PB– HAP emitted by facilities in this source category. For carcinogenic PB–HAP, one facility emits arsenic compounds, while two facilities emit POM. None of these emissions exceed a Tier 1 cancer screening value for arsenic or POM. For noncarcinogenic PB–HAP, one facility emits cadmium compounds and one facility emits mercury compounds. None of these emissions exceed a Tier 1 noncancer screening value for cadmium or mercury. Further analyses (i.e., Tier 2 or 3 screens) were not 
performed. For lead compounds, we did not estimate any exceedances of the lead NAAQS. 
4. Environmental Risk Screening Results 
A screening-level evaluation of the 
potential adverse environmental risk 
associated with emissions of the PB– HAP listed above, plus acid gases (HCl is the only reported acid gas), indicated that no ecological benchmarks were exceeded. For lead compounds, we did not estimate any exceedances of the secondary lead NAAQS. 
5. Facility-Wide Risk Results 
The results of the inhalation risk 
modeling using facility-wide emissions 
data indicate that the estimated MIR is 20-in-1 million with emissions of hydrazine from sources subject to other standards driving the risk. These include 40 CFR part 63 subpart FFFF (Miscellaneous Organic Chemicals Manufacturing NESHAP), H (Hazardous Organic NESHAP), and EEEE (Organic Liquids Distribution), which are not part 
of this source category. The total estimated cancer incidence is 0.006 excess cancer cases per year. Approximately 50,100 people are estimated to have cancer risks greater than or equal to 1-in-1 million. The estimated maximum chronic noncancer TOSHI is 2 (for the neurological target organ), driven by emissions of hydrogen cyanide from non-source category emissions from carbon fiber production. Approximately 80 people are estimated to be exposed to noncancer HI levels greater than 1. 
6. What demographic groups might 
benefit from this regulation? 
To examine the potential for any 
environmental justice issues that might be associated with the source category, we performed a demographic analysis, which is an assessment of risk to individual demographic groups of the populations living within 5 km and within 50 km of the facilities. In the analysis, we evaluated the distribution of HAP-related cancer and noncancer risk from the MCM source category across different demographic groups within the populations living near facilities. 
The results of the demographic 
analysis are summarized in Table 3 of this preamble. These results, for various 
demographic groups, are based on the estimated risk from actual emissions levels for the population living within 50 km of the facilities. 
TABLE 3—MCM D EMOGRAPHIC RISKANALYSIS RESULTS  
Nationwide Population with 
cancer risk at or 
above 1-in-1 mil-
lion due to MCM Population with 
chronic HI above 
1 due to MCM 
Total Population ......................................................................................................... 371,74 6,049 3,665 0 
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TABLE 3—MCM D EMOGRAPHIC RISKANALYSIS RESULTS —Continued 
Nationwide Population with 
cancer risk at or 
above 1-in-1 mil-
lion due to MCM Population with 
chronic HI above 
1 due to MCM 
White and Minority by Percent 
White .......................................................................................................................... 62 64 0 
Minority ...................................................................................................................... 38 36 0 
Minority by Percent 
African American ....................................................................................................... 12 32 0 
Native American ........................................................................................................ 0.8 0.05 0 
Hispanic or Latino (includes White and nonwhite) .................................................... 18 2 0 
Other and Multiracial ................................................................................................. 7 2 0 
Income by Percent 
Below Poverty Level .................................................................................................. 14 29 0 
Above Poverty Level .................................................................................................. 86 71 0 
Education by Percent 
Over 25 and without High School Diploma ............................................................... 14 19 0 
Over 25 and with a High School Diploma ................................................................. 86 81 0 
Linguistically Isolated by Percent 
Linguistically Isolated ................................................................................................. 6 1 0 
The results of the MCM source 
category demographic analysis indicate 
that emissions from the source category expose approximately 3,700 people to a cancer risk at or above 1-in-1 million and zero people to a chronic noncancer TOSHI greater than 1. The percentages of the at-risk population in each demographic group (except for African American, Below Poverty Level, Hispanic or Latino, and Above Poverty Level) are similar to (within 5 percent of) their respective nationwide percentages. The African American and Below Poverty Level demographic groups are greater than their respective nationwide percentages, while the Hispanic or Latino (includes White and nonwhite) and Above Poverty Level are lower than their respective nationwide percentages. 
The methodology and the results of 
the demographic analysis are presented in a technical report, Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Miscellaneous Coating Manufacturing Facilities, available in the docket for this action. 
B. What are our proposed decisions 
regarding risk acceptability, ample margin of safety, and adverse environmental effect? 
1. Risk Acceptability 
As noted in section II.A of this 
preamble, the EPA sets standards under CAA section 112(f)(2) using a ‘‘two-step 
standard-setting approach, with an analytical first step to determine an ‘acceptable risk’ that considers all health information, including risk estimation uncertainty, and includes a presumptive limit on MIR of approximately 1-in-10 thousand.’’ (54 FR 38045, September 14, 1989.) In this proposal, the EPA estimated risks based on actual and allowable emissions from MCM sources, and we considered these in determining acceptability. The estimated inhalation cancer risk to the individual most exposed to actual emissions from the source category is 6- in-1 million. The estimated cancer incidence due to inhalation exposures is 0.002 excess cancer cases per year, or one excess case every 500 years. Approximately 3,700 people face an 
increased cancer risk greater than 1-in- 1 million due to inhalation exposures to HAP emissions from this source category. The estimated maximum chronic noncancer TOSHI from inhalation exposure for this source category is 0.4. Risks for allowable emissions are the same since it was determined that allowable emissions are equal to actual emissions for this source category. The screening assessment of worst-case acute inhalation impacts indicates one facility with an estimated HQ of 2, based on the REL for glycol ethers. 
Potential multipathway human health 
risks were estimated using a three-tier screening assessment of the PB–HAP 
emitted by facilities in this source category, where there were no exceedances of Tier 1 screening values for any PB–HAP emitted and, for lead compounds, no exceedances of the lead 
NAAQS. 
In determining whether risks are 
acceptable for this source category, the EPA considered all available health information and risk estimation uncertainty as described above. The risk results indicate that the inhalation cancer risks to the individual most exposed are far less than 100-in-1 million, which is the presumptive limit of acceptability (see, for example, 54 FR 38045, September 14, 1989). There are no facilities or people exposed at this risk level for either actual or allowable emissions. Also, there are no facilities with an estimated maximum chronic noncancer TOSHI greater than 1. There is one facility with an acute HQ value of 2 based on the REL for glycol ethers; however, given the conservative nature of the acute screening assessment, it is unlikely there are acute impacts from HAP emissions from this category. In addition, there are no exceedances of Tier 1 screening values in the multipathway assessment, nor exceedances of the lead NAAQS. Considering all of the health risk information and factors discussed above, including the uncertainties discussed in section III of this preamble, 
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the EPA proposes that the risks from the 
MCM source category are acceptable. 
2. Ample Margin of Safety Analysis 
We next considered whether the 
existing MACT standards provide an 
ample margin of safety to protect public health. In addition to considering all the health risks and other health information considered in the risk acceptability determination, in the ample margin of safety analysis we evaluated the cost and feasibility of available control technologies and other measures (including the controls, measures, and costs reviewed under the technology review) that could be applied to the source category to further reduce the risks due to emissions of HAP. As noted in our discussion of the technology review in section IV.C of this preamble, we identified two developments in practices, processes, or control technologies for reducing HAP emissions from process vessels in the MCM source category. As part of the risk review, we evaluated these developments to determine whether they could reduce risks and whether it is necessary to require these developments to provide an ample margin of safety to protect public health. 
Since the baseline risks are being 
driven by inorganic HAP from process vessels, we evaluated a control option for inorganic HAP emissions from process vessels located at MCM facilities and considered the resulting health information. The control option that we evaluated for inorganic HAP would be similar to those included in 40 CFR part 63, subpart CCCCCCC, the NESHAP for Area Sources for Paints and Allied Products Manufacturing. Additionally, we evaluated increasing the control efficiency requirements for organic HAP emissions from process vessels. The process vessel options did not result in a decrease to the MIR or to 
the maximum chronic noncancer TOSHI because the MIR facility already had controls in place. However, there was a reduction seen in the population exposed to a cancer risk of 1-in-1 million from 3,700 to 1,900 due to emissions reductions at other facilities. As described in section IV.C of this preamble though, we determined that these options are not cost effective. Overall, the available options could result in small reductions in population risk, but we did not identify any cost- effective options for reducing HAP emissions from the source category. 
Considering all of the health 
information presented above, along with the available information regarding the cost of the available options, we propose that the existing standards provide an ample margin of safety to protect public 
health. We are requesting comment on whether there are other control measures for emission sources in this category that are necessary to provide an ample margin of safety to protect public health. In particular, we are requesting that states identify any controls they have already required for these facilities, controls they are currently considering, or any other controls of which they are aware that are being used to control HAP from these sources. 
4. Adverse Environmental Effect 
Based on the results of the 
environmental risk screening 
assessment, we are proposing that HAP emissions from the MCM source category do not present an adverse environmental effect. Thus, we are proposing that it is not necessary to set a more stringent standard to prevent, taking into consideration costs, safety, 
and other relevant factors, an adverse environmental effect. 
C. What are the results and proposed 
decisions based on our technology review? 
Sources of HAP emissions regulated 
by the MCM NESHAP are process vessels, storage tanks, transfer racks, equipment leaks, wastewater streams, and heat exchange systems. MCM processes occur as batch operations, which involve intermittent or discontinuous feed of raw materials into equipment, and generally involve emptying of the equipment after the operation ceases and prior to beginning a new operation. To inform our technology reviews for these emission sources, we reviewed the EPA’s RBLC and regulatory development efforts for similar sources published after the MCM NESHAP was developed. We then evaluated the impacts of requiring additional controls identified in the technology review for the MCM source category, as described below. 
1. Process Vessels 
Process vessels regulated by the MCM 
NESHAP are defined as any stationary 
or portable tank or other vessel with a capacity greater than or equal to 250 gal and in which mixing, blending, diluting, dissolving, temporary holding, and other processing steps occur in the manufacturing of a coating. Process vessels used in MCM generate gaseous streams containing HAP when HAP- containing materials are present in the vessel and more material is added displacing solvent-laden air from inside the vessel, and during product mixing as the HAP-containing contents are agitated. At existing sources, the HAP 
emissions from portable vessels must be 
controlled by fitting the vessels with lids that are kept closed at all times when the vessel contains a HAP, except for material additions and sampling. The HAP emissions from stationary vessels must be controlled by fitting the vessels with lids that are kept closed at all times when the vessel contains a HAP, except for material additions and sampling, and by capturing all emissions and routing the captured emissions to a control device. Organic HAP with a vapor pressure equal to or greater than 0.6 kilopascals (kPa) must be reduced by at least 75 percent by weight, and organic HAP with a vapor pressure less than 0.6 kPa must be reduced by at least 60 percent. 
At new sources, the HAP emissions 
from portable and stationary process vessels must be controlled by fitting the vessels with lids that are kept closed at all times when the vessel contains a HAP, except for material additions and sampling. The emissions from both portable and stationary process vessels must be captured and the captured emissions reduced by at least 95 percent, as total organic HAP, using a control device other than a flare, reduced by venting non-halogenated vent streams to a flare, or vented to a condenser. If a condenser is used, the condenser must achieve a specified outlet gas temperature depending on the partial pressure of the HAP contained in the vessel. If a combustion device is used to control a halogenated vent stream, then a halogen reduction device (e.g., a scrubber) must be used to reduce 
hydrogen halide and halogen HAP by at least 95 percent; or reduce overall emissions of hydrogen halide and halogen HAP to no more than 0.45 kg/ hr. 
We evaluated two options that could 
be potentially considered technology developments under CAA section 112(d)(6). In the first option, we considered increasing the control efficiency requirement for process vessels at existing sources to match the control requirement for new sources, which would increase the control efficiency for organic HAP with a vapor pressure equal to or greater than 0.6 kPa from 75 percent to 95 percent. We 
consider this option to be a new development because several facilities have controlled all process vessels with thermal oxidizers to comply with the NESHAP. 
We estimated the costs of installing a 
thermal oxidizer on the six plants in the MCM source category that currently do not have a thermal oxidizer installed on process vessels. We did not estimate 
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21https://www.epa.gov/economic-and-cost- 
analysis-air-pollution-regulations/cost-reports-and- 
guidance-air-pollution. costs for catalytic oxidizers because 
thermal oxidizers are cheaper than catalytic oxidizers. The costs were estimated using the EPA Air Pollution Control Cost Manual cost spreadsheet for thermal oxidizers
21and the process 
vent flow rate from NEI or the facility operating permit. The estimated cost effectiveness for these facilities ranged from $20,000 per ton HAP removed to $150,000 per ton HAP removed. 
The second option that we considered 
was to require controls to limit particulate matter (PM) HAP emissions from process vessels in which dry materials (e.g., pigments) containing 
inorganic HAP are added to the process vessel. We considered provisions that would be similar to those included in 40 CFR part 63, subpart CCCCCCC, the NESHAP for Area Sources for Paints and Allied Products Manufacturing. This option would reflect the fact that several facilities subject to 40 CFR part 63, subpart HHHHH have process vessels controlled with fabric filters when dry materials are being added. 
We estimated costs for both a fabric 
filter baghouse and a cartridge filter type of particulate control with a flow rate of 1,000 cubic feet per minute, plus 150 feet of flexible duct to capture the fugitive PM when dry matter is being added to the mixing vessel. The estimated cost effectiveness for this option ranged from $310,000 to $2,100,000 per ton of particulate HAP reduced. We also evaluated whether pigments could be added in a wetted or paste form, but not all pigments are available or can be used in wetted or paste form. 
The EPA did not find the control 
technology development options considered for process vessels in this technology review to be cost effective, or, in some cases, technologically feasible. Consequently, the EPA proposes that it is not necessary to amend the standards for process vessels under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
2. Storage Tanks 
Storage tanks hold the liquid raw 
materials used in the coating 
manufacturing process. Emissions occur from storage tanks through the displacement of vapor-laden air as the 
tank is being filled (working losses) and also due to changes in temperature that cause the vapor-laden air in the head space of the tank to expand (breathing losses). 
Emissions from vertical tanks can be 
controlled by installing a floating roof inside the tank. By floating on the surface of the liquid, this roof design eliminates head space above the surface of the liquid and, therefore, minimizes the evaporation of organic vapors inside the tank. An internal floating roof (IFR) tank has a second fixed roof over the floating roof. An external floating roof (EFR) tank has no fixed roof over the floating roof and is exposed to the elements. 
Emissions from horizontal tanks can 
be controlled with a closed vent system that captures the emissions and delivers them to either a recovery device or a destruction device. Control devices within the MCM source category include carbon adsorbers and combustion devices. Alternatively, a vapor balancing system can be used to eliminate working loss emissions. In vapor balancing, the displaced vapors from the receiving tank are piped back into the storage vessel from which the liquid product is delivered. 
No facility in the MCM source 
category during the original MACT development reported using IFRs, EFRs, 
or vapor balancing to reduce HAP emissions from any storage tank. 
The MCM NESHAP regulates two 
classes of storage tanks. Group 1a storage tanks are storage tanks at existing sources with capacities greater than or equal to 20,000 gal storing material that has a maximum true vapor pressure of total organic HAP greater than or equal to 1.9 psia. Group 1a storage tanks also include storage tanks at new sources with capacities greater than or equal to 25,000 gal storing materials with a maximum true vapor pressure of total HAP greater than or equal to 0.1 psia, as well as storage tanks with capacities greater than or equal to 20,000 gal and less than 25,000 gal storing materials with a maximum true vapor pressure of total HAP greater than or equal to 1.5 psia. 
Group 1b storage tanks are storage 
tanks at new sources with capacities greater than or equal to 10,000 gal, storing materials that have a maximum true vapor pressure of total organic HAP greater than or equal to 0.02 psia, and are not Group 1a storage tanks. 
Emissions from Group 1a storage 
tanks must be controlled by complying with the provisions of 40 CFR part 63, subpart WW (NESHAP for Storage Vessels (Tanks)—Control Level 2), which is based on the use of an IFR or 
an EFR; by reducing total organic HAP emissions by at least 90 percent by weight by venting emissions through a closed-vent system to a control device (excluding a flare); or by reducing total organic HAP emissions from the storage tank by venting emissions from a non- halogenated vent stream through a closed-vent system to a flare. 
The EPA did not identify in our 
technology review any developments in practices, processes, and control technologies for storage tanks that were not already considered in the development of the original MACT. Because there were no improvements in the technologies considered under MACT, the EPA proposes that it is not necessary to amend the standards for storage tanks under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 
112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
3. Transfer Operations 
Transfer operations involve the bulk 
loading of coating products into either 
tanker trucks or tanker rail cars. Transfer operations do not involve the filling of cans, pails, drums, or totes. Most coating manufacturing facilities perform only the filling of cans, pails, drums, or totes with coating products and do not perform transfer operations to tanker trucks or rail cars. A few coating manufacturers perform transfer operations because they provide coatings to facilities, such as coil coating and metal can coating facilities, that use large quantities of certain coatings and store those coatings in large stationary storage tanks. 
Emissions during transfer operations 
are generated by the displacement of the 
solvent vapor-laden air in the receiving tanker truck or rail car as the tank is filled. The extent of the HAP emissions will depend on the HAP content of the material being loaded (i.e., weight 
percent HAP), the volatility of the HAP in the material being loaded, and the total volume of coating being loaded. The MCM NESHAP regulates the bulk loading of coating products if the coatings contain 3.0 million gal or more per year of HAP with a weighted average HAP partial pressure greater than or equal to 1.5 psia. The MCM NESHAP requires the HAP emissions to be controlled by either venting the emissions through a closed-vent system to any combination of control devices (except a flare) and reducing emissions 
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by at least 75 percent, by venting the 
emissions from a non-halogenated vent stream through a closed-vent system to a flare, or by using a vapor balancing system to collect displaced organic HAP vapors and route the vapors to the storage tank from which the liquid being loaded originated or to another storage tank connected by a common header. 
The EPA did not identify in our 
technology review any developments in practices, processes, and control technologies for bulk loading of coating products that were not already considered in the development of the original MACT. Because there were no improvements in the technologies considered under MACT, the EPA proposes that it is not necessary to amend the standards for transfer operations under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 
112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
4. Equipment Leaks 
In the MCM source category, organic 
HAP vapors can escape from leaks in 
connectors, valves, and pumps in liquid piping systems due to mechanical defects in those items. MCM facilities use piping systems to move liquid raw materials from storage tanks to process vessels and then from process vessels to filling operations or bulk transfer operations. 
Emissions can be minimized through 
periodic monitoring of the connectors, 
valves, and pumps to check for leaks and the timely repair of equipment that is found to be leaking. Leak detection can be through sensory monitoring using sight, sound, and smell to detect leaks, or leak detection can be through the use of a monitoring instrument (EPA Method 21) that measures the concentration of organic vapors in parts per million by volume (ppmv) in the air near each of the connectors, valves, and pumps. Different NESHAP that specify the use of instrument monitoring may define a different threshold vapor concentration that constitutes a leak that triggers the need for repair. 
The MCM NESHAP requires existing 
sources to comply with the equipment leaks provisions in 40 CFR part 63, subpart R, NESHAP for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations); subpart TT, NESHAP for Equipment Leaks, Control Level 1; or subpart UU, NESHAP for Equipment Leaks, Control Level 2. New sources must comply with the provisions of subparts UU or TT. Subpart R requires monthly inspections for equipment leaks using sight, sound, or smell. Subpart TT requires the use of instrument monitoring and defines leaks as instrument readings of 10,000 ppmv for valves, pumps, and connectors. Subpart UU also requires the use of instrument monitoring and defines leaks as instrument readings of 500 ppmv for valves, 1,000 ppmv for pumps, and 500 ppmv for connectors. 
Based on developments in other 
similar source categories, we identified as a technology alternative to the current standard a more stringent provision for existing sources that would eliminate sensory monitoring and require instrument monitoring with lower leak definitions than specified in 40 CFR part 63, subpart TT. For this alternative, we estimated the incremental emission reductions and cost effectiveness of employing instrument monitoring (EPA Method 21) with an equipment leak defined as instrument readings of 500 ppmv for valves, 2,000 ppmv for pumps, and 500 ppmv for connectors. We estimated the costs of requiring instrument monitoring with more stringent leak definitions for four model plants with 25, 50, 100, or 200 process vessels. The estimated cost effectiveness for these model plants ranged from $107,000 per ton HAP removed to $22,000 per ton HAP removed for the smallest to largest model plant, and these values are higher than organic HAP cost-effectiveness values that we historically have considered cost effective. 
The EPA does not find the leak 
detection instrument monitoring option that was evaluated to be cost effective. Consequently, the EPA proposes that it is not necessary to amend the standards for equipment leaks under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
5. Wastewater Streams 
Wastewater that comes in contact 
with organic HAP-containing materials 
may be a source of organic HAP emissions as the organic HAP evaporates from the wastewater. In coatings manufacturing, wastewater containing organic HAP may be generated from the cleaning of process vessels and other equipment between batches of different coatings. Emissions can be controlled from 
wastewater by collecting and moving 
the wastewater in enclosed pipes and then treating the wastewater to remove the organic HAP. Wastewater containing organic HAP can be collected and treated as hazardous waste in which case it is usually incinerated. It can also be treated by using steam to volatilize the organic HAP and separate it from the wastewater. Finally, if the organic HAP concentration is low enough, it can be treated through enhanced biological treatment in which microorganisms oxidize the organic HAP. 
The MCM NESHAP regulates 
wastewater streams that contain total partially soluble and soluble HAP at an annual average concentration greater than or equal to 4,000 ppmw and load greater than or equal to 750 lb/yr at existing sources, or that contain greater than or equal to 1,600 ppmw and any partially soluble and soluble HAP load at new sources. Wastewater tanks used to store regulated wastewater streams must have a fixed roof, which may have openings necessary for proper venting of the tank, such as a pressure/vacuum vent or j-pipe vent. Regulated wastewater streams must be conveyed using hard piping and treated as a hazardous waste in accordance with 40 CFR part 264, 265, or 266 either onsite or offsite. Alternatively, if the wastewater contains less than 50 ppmw of partially soluble HAP, it may be treated in an enhanced biological treatment system that is located either onsite or offsite. 
Because our technology review 
identified no developments in practices, processes, or controls for reducing 
wastewater emissions at MCM facilities, we evaluated developments in other industries with wastewater streams that contain organic HAP. We reviewed three options that were considered in other industry technology reviews for their applicability to the MCM wastewater streams. These options were: 
(1) Requiring wastewater drain and 
tank controls at facilities with a total annual benzene quantity of less than 10 megagrams per year (Mg/yr). 
(2) Requiring specific performance 
parameters (minimum fraction biodegraded, fbio) for an enhanced biological unit beyond those required in the Benzene NESHAP. 
(3) Requiring wastewater streams with 
a volatile organic compound (VOC) content of 750 ppmw or higher to be treated by steam stripping prior to any other treatment process for facilities with high organic loading rates (i.e., facilities with total annualized benzene quantity of 10 Mg/yr or more). 
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The EPA did not find any of the three 
wastewater stream control options 
evaluated to be cost effective. Consequently, the EPA proposes that it is not necessary to amend the standards for wastewater streams under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
6. Heat Exchange Systems 
Heat exchangers are devices or 
collections of devices used to transfer 
heat from process fluids to another fluid (typically air or water) without intentional direct contact of the process fluid with the cooling fluid (i.e., non- 
contact heat exchangers). 
At times, the heat exchanger’s internal 
tubing material can corrode or crack, allowing some process fluids to mix or become entrained with the cooling water. Pollutants in the process fluids may subsequently be released from the cooling water into the atmosphere when the water is exposed to air (e.g., in a 
cooling tower for closed-loop systems or at trenches/ponds in a once-through system). 
The MCM NESHAP regulates heat 
exchangers by requiring them to meet the provisions in 40 CFR part 63, subpart F, NESHAP for the Synthetic Organic Chemical Manufacturing Industry. Specifically, under 40 CFR 63.104, facilities are required to monitor the cooling water in the heat exchange 
system on a periodic basis to detect and repair leaks, unless certain design and operating requirements are met. Those other requirements include operating the system such that the cooling water is at a higher pressure than the process fluid, using an intervening cooling fluid between the water and process fluid and ensuring the intervening fluid is not discharged, using a once-through heat exchange system that is subject to a NPDES permit, or only using the heat exchange system to cool process fluids that meet low-HAP content criteria. 
The EPA did not identify in our 
technology review any developments in practices, processes, and control technologies for heat exchange systems that were not already considered in the development of the original MACT. Because there were no improvements in the technologies considered under MACT, the EPA proposes that it is not necessary to amend the standards for heat exchange systems under the technology review. Further explanation of the assumptions and methodologies for all options evaluated are provided in the memorandum, Clean Air Act Section 112(d)(6) Technology Review for the Miscellaneous Coatings Manufacturing Source Category, available in the docket to this action. 
D. What other actions are we proposing? 
In addition to the proposed decisions 
described above, we are proposing 
additional revisions to the NESHAP. We are proposing revisions to the SSM provisions of 40 CFR part 63, subpart HHHHH to be consistent with the Court decision in Sierra Club v. EPA, 551 F. 
3d 1019 (D.C. Cir. 2008), which vacated rule provisions that exempt sources from the provision to comply with otherwise applicable NESHAP during periods of SSM. We also are proposing to require electronic submittal of notifications, semi-annual reports and compliance reports (which include performance test reports). We are proposing to require periodic performance testing of oxidizers used to demonstrate compliance. We are proposing technical and editorial revisions and corrections. 
1. SSM Provisions 
In its 2008 decision in Sierra Club v. 
EPA, 551 F.3d 1019 (D.C. Cir. 2008), the 
Court vacated portions of two 
provisions in the EPA’s CAA section 112 regulations governing the emissions of HAP during periods of SSM. Specifically, the Court vacated the SSM exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding that under section 302(k) of the CAA, emissions standards or limitations must be continuous in nature and that the SSM exemption violates the CAA’s requirement that some section 112 standards apply continuously. 
We are proposing the elimination of 
the SSM exemption in this rule which appears at 40 CFR 63.8000(a). Consistent with Sierra Club v. EPA, we 
are proposing standards in this rule that apply at all times. We are also proposing several revisions to Table 10 (the General Provisions Applicability Table) as explained in more detail below. For example, we are proposing to eliminate the incorporation of the General Provisions’ requirement that the source develop an SSM plan. We also are proposing to eliminate and revise certain recordkeeping and reporting requirements related to the SSM exemption as further described below. 
The EPA has attempted to ensure that 
the provisions we are proposing to eliminate are inappropriate, unnecessary, or redundant in the absence of the SSM exemption. We are specifically seeking comment on 
whether we have successfully done so. 
In addition, as explained in more 
detail in section IV.D.1.i., below, we are proposing language in 40 CFR 63.8005(h) to clarify that any periods during which a control device is bypassed be included in demonstrating compliance with the emission reduction provisions for process vessels in Table 1 to 40 CFR part 63, subpart HHHHH. As currently specified in 40 CFR 63.8005, 63.8010, and 63.8020, you must establish operating limits for process vessels and storage tanks controlled by closed vent systems and add-on controls, and for wastewater streams controlled by enhanced biological treatment units. This generally means that during startup and shutdown periods, in order for a facility using add-on controls to meet the emissions and operating standards, the add-on control device needs to be turned on and operating at specified levels when the facility begins coating manufacturing operations, and the control equipment needs to continue to be operated until the facility ceases coating manufacturing operations. In some cases, the facility would need to run thermal oxidizers on supplemental fuel whenever there is insufficient concentrations of VOC for the combustion to be self-sustaining. The proposed language in 40 CFR 63.8000(a) requires that the owner or operator operate and maintain the coating manufacturing operations, including pollution control equipment, at all times to minimize emissions, except as explained in more detail in section IV.D.1.i below, to account for bypass periods of the controls for process vessels as proposed in 40 CFR 63.8005(h). 
Periods of startup, normal operations, 
and shutdown are all predictable and routine aspects of a source’s operations. Malfunctions, in contrast, are neither predictable nor routine. Instead they are, by definition, sudden, infrequent, and not reasonably preventable failures of emissions control, process, or monitoring equipment. (40 CFR 63.2) (Definition of malfunction). The EPA interprets CAA section 112 as not requiring emissions that occur during periods of malfunction to be factored into development of CAA section 112 standards and this reading has been upheld as reasonable by the Court in U.S. Sugar Corp. v. EPA, 830 F.3d 579, 
606–610 (D.C. Cir. 2016). Under CAA section 112, emissions standards for new sources must be no less stringent than the level ‘‘achieved’’ by the best 
controlled similar source and for existing sources generally must be no 
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less stringent than the average emission 
limitation ‘‘achieved’’ by the best performing 12 percent of sources in the category. There is nothing in CAA section 112 that directs the Agency to consider malfunctions in determining the level ‘‘achieved’’ by the best performing sources when setting emission standards. As the Court has recognized, the phrase ‘‘average emissions limitation achieved by the best performing 12 percent of’’ sources ‘‘says nothing about how the performance of the best units is to be calculated.’’ Nat’l Ass’n of Clean Water 
Agencies v. EPA, 734 F.3d 1115, 1141 
(D.C. Cir. 2013). While the EPA accounts for variability in setting emissions standards, nothing in CAA section 112 requires the Agency to consider malfunctions as part of that analysis. The EPA is not required to treat a malfunction in the same manner as the type of variation in performance that occurs during routine operations of a source. 
As the Court recognized in U.S. Sugar 
Corp, accounting for malfunctions in 
setting standards would be difficult, if not impossible, given the myriad different types of malfunctions that can occur across all sources in the category and given the difficulties associated with predicting or accounting for the frequency, degree, and duration of various malfunctions that might occur. Id. at 608 (‘‘the EPA would have to 
conceive of a standard that could apply equally to the wide range of possible boiler malfunctions, ranging from an explosion to minor mechanical defects. Any possible standard is likely to be hopelessly generic to govern such a wide array of circumstances.’’) As such, the performance of units that are malfunctioning is not ‘‘reasonably’’ foreseeable. See, e.g., Sierra Club v. EPA, 167 F.3d 658, 662 (D.C. Cir. 1999) 
(‘‘The EPA typically has wide latitude in determining the extent of data- gathering necessary to solve a problem. We generally defer to an agency’s decision to proceed on the basis of imperfect scientific information, rather than to ’invest the resources to conduct the perfect study.’ ’’). See also, Weyerhaeuser v. Costle, 590 F.2d 1011, 
1058 (D.C. Cir. 1978) (‘‘In the nature of things, no general limit, individual permit, or even any upset provision can anticipate all upset situations. After a certain point, the transgression of regulatory limits caused by ‘uncontrollable acts of third parties,’ such as strikes, sabotage, operator intoxication or insanity, and a variety of other eventualities, must be a matter for the administrative exercise of case-by- case enforcement discretion, not for 
specification in advance by regulation.’’). In addition, emissions during a malfunction event can be significantly higher than emissions at any other time of source operation. 
Although no statutory language 
compels the EPA to set standards for malfunctions, the EPA has the discretion to do so where feasible. For example, in the Petroleum Refinery Sector RTR, the EPA established a work practice standard for unique types of malfunctions that result in releases from PRDs or emergency flaring events because the EPA had information to determine that such work practices reflected the level of control that applies to the best performers. 80 FR 75178, 75211–14 (December 1, 2015). The EPA will consider whether circumstances warrant setting standards for a particular type of malfunction and, if so, whether the EPA has sufficient information to identify the relevant best performing sources and establish a standard for such malfunctions. In this proposal at 40 CFR 63.8005(h), we provide a method to account for control device bypass periods including periods of SSM, in evaluating compliance with the overall control efficiency requirements for process vessels in Table 1, as is discussed further. We encourage commenters to provide any such information. Finally, in the event that a source fails to comply with the applicable CAA section 112(d) standards as a result of a malfunction event, the EPA would determine an appropriate response based on, among other things, the good faith efforts of the source to minimize emissions during malfunction periods, including preventative and corrective actions, as well as root cause analyses to ascertain 
and rectify excess emissions. 
The specific changes that we propose 
to comport the rule with the Sierra Club decision on SSM are listed in paragraphs a through i below: 
a. 40 CFR 63.8000 General Duty 
We are proposing to revise the 
General Provisions table (Table 10) 
entry for 40 CFR 63.6(e)(1)(i) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ Section 63.6(e)(1)(i) describes the general duty to minimize emissions. Some of the language in that section is no longer necessary or appropriate in light of the elimination of the SSM exemption. We are proposing instead to add general duty regulatory text at 40 CFR 63.8000(a) that reflects the general duty to minimize emissions while eliminating the reference to periods covered by an SSM exemption. The current language in 40 CFR 63.6(e)(1)(i) characterizes what the general duty 
entails during periods of SSM. With the elimination of the SSM exemption, there is no need to differentiate between normal operations, startup and shutdown, and malfunction events in describing the general duty. Therefore, the language the EPA is proposing for 40 CFR 63.8000(a) does not include that language from 40 CFR 63.6(e)(1). 
We are also proposing to revise the 
General Provisions table (Table 10) entry for 40 CFR 63.6(e)(1)(ii) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ Section 63.6(e)(1)(ii) imposes requirements that are not necessary with the elimination of the SSM exemption or are redundant with the general duty provision being added at 40 CFR 63.8000(a). 
b. SSM Plan 
We are proposing to revise the 
General Provisions table (Table 10) 
entry for 40 CFR 63.6(e)(3) by consolidating the entries for subparagraphs (i) to (ix) under a single entry for 40 CFR 63.6(e)(3) and by changing the ‘‘yes’’ in column 3 to a 
‘‘no.’’ Generally, these paragraphs require development of an SSM plan and specify SSM recordkeeping and reporting provisions related to the SSM plan. As noted, the EPA is proposing to remove the SSM exemptions. Therefore, affected units will be subject to an emission standard during such events. The applicability of a standard during such events will ensure that sources have ample incentive to plan for and achieve compliance and, thus, the SSM plan provisions are no longer necessary. 
c. Compliance With Standards 
We are proposing to revise the 
General Provisions table (Table 10) 
entry for 40 CFR 63.6(f)(1) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ The current language of 40 CFR 63.6(f)(1) exempts sources from non-opacity standards during periods of SSM. As discussed above, the Court in the Sierra Club decision vacated the exemptions 
contained in this provision and held that the CAA requires that some section 112 standards apply continuously. Consistent with Sierra Club, the EPA is proposing to revise standards in this rule to apply at all times. 
We are proposing to revise the 
General Provisions table (Table 10) entry for 40 CFR 63.6(h)(1) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ The current language of 40 CFR 63.6(h)(1) exempts sources from opacity standards during periods of SSM. As discussed above, the Court in Sierra Club vacated the exemptions contained in this provision and held that the CAA 
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requires that some section 112 standard 
apply continuously. Consistent with the Sierra Club decision, the EPA is proposing to revise standards in this rule to apply at all times. 
d. 40 CFR 63.8005(d) Performance 
Testing 
We are proposing to revise the 
General Provisions table (Table 10) entry for 40 CFR 63.7(e)(1) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ Section 63.7(e)(1) describes performance testing provisions. The EPA is instead proposing to add performance testing provisions at 40 CFR 63.8005(d)(5). The performance testing provisions we are proposing to add differ from the General Provisions performance testing provisions in several respects. The regulatory text does not include the language in 40 CFR 63.7(e)(1) that restated the SSM exemption and language that precluded startup and shutdown periods from being considered ‘‘representative’’ for purposes of performance testing. The proposed performance testing provisions will exclude periods of startup or shutdown as representative conditions for conducting performance testing. As in 40 CFR 63.7(e)(1), performance tests conducted under this subpart should not be conducted during malfunctions because conditions during malfunctions are often not representative of normal operating conditions. The EPA is proposing to add language that requires owners or operators to record the process information that is necessary to document operating conditions during tests and include in such record explanations to support that such 
conditions represent normal operation. Section 63.7(e) requires that owners or operators make available to the Administrator upon request such records ‘‘as may be necessary to determine the condition of the performance test,’’ but does not specifically require the information to be recorded. The regulatory text the EPA is proposing to add clarifies the necessary information and makes explicit the provision to record the information. 
e. Monitoring 
We are proposing to revise the 
General Provisions table (Table 10) 
entry for 40 CFR 63.8 (c)(1)(i) and (iii) by changing the ‘‘yes’’ in column 3 to a ‘‘no’’ for both entries. The cross- references to the general duty and SSM plan provisions in those subparagraphs are not necessary in light of other provisions of 40 CFR 63.8 that require good air pollution control practices (40 CFR 63.8(c)(1)) and that set out the 
provisions of a quality control program for monitoring equipment (40 CFR 63.8(d)). 
We are proposing to revise the 
General Provisions table (Table 10) entry for 40 CFR 63.8(d) by creating a separate entry for 40 CFR 63.8(d)(3) and by indicating ‘‘no’’ in column 3. The final sentence in 40 CFR 63.8(d)(3) refers to the General Provisions’ SSM plan provision which is no longer applicable. We are proposing to add to the rule at 40 CFR 63.8000(d)(8) text that is identical to 40 CFR 63.8(d)(3) except that the final sentence is replaced with the following sentence: ‘‘The program of corrective action should be included in the plan required under § 63.8(d)(2).’’ 
f. 40 CFR 63.8080 Recordkeeping 
We are proposing to revise the 
General Provisions table (Table 10) 
entries for 40 CFR 63.10(b)(2) by creating a single row for 40 CFR 63.10(b)(2)(i) and (ii) and indicating a ‘‘no’’ in column 3. Section 63.10(b)(2)(i) describes the recordkeeping provisions during startup and shutdown. Section 63.10(b)(2)(ii) describes the recordkeeping provisions during a malfunction. These recordkeeping provisions are no longer necessary because we are proposing to remove the exemptions and other special provisions applicable to SSM periods so there is no reason to retain additional recordkeeping for these periods. We are also proposing to replace the references to 40 CFR 63.998(d)(3) and 63.998(c)(1)(ii)(D) through (G) in the former entry for 40 CFR 63.10(b)(2)(i) with a reference to a new paragraph 40 CFR 63.8080(h) that specifies recordkeeping in the event of any deviation from an emission limitation. The regulatory text we are proposing to add differs from the General Provisions it is replacing in that the General Provisions require the creation and retention of a record of the occurrence and duration of each malfunction of process, air pollution control, and monitoring equipment. We are proposing that this provision apply to any failure to meet an applicable 
standard and is requiring that the source record the date, time, and duration of the failure rather than the ‘‘occurrence.’’ The EPA is also proposing to add to 40 CFR 63.8080(h) a provision that requires source owners or operators to keep records that include a list of the affected source or equipment and actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over the standard for which the source failed to meet the standard, and a description of the method used to 
estimate the emissions. Examples of such estimation methods would include product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters. The EPA is proposing to require that source owners or operators keep records of this information to ensure that there is adequate information to allow us to determine the severity of any failure to meet a standard, and to provide data that may document how the source met the general duty to minimize emissions when the source has failed to meet an applicable standard. 
We are proposing to revise the 
General Provisions table (Table 10) entries for 40 CFR 63.10(b)(2) by creating a single row for 40 CFR 63.10(b)(2)(iv) and (v) and indicating a ‘‘no’’ in column 3. When applicable, 40 CFR 63.10(b)(2)(iv) requires source owners or operators to record actions taken during SSM events when actions were inconsistent with their SSM plans. The provision in 40 CFR 63.10(b)(2)(v) requires source owners or operators to record actions taken during SSM events to show that actions taken were consistent with their SSM plans. These provisions will no longer be appropriate because we propose that SSM plans will no longer be required. The provisions previously applicable under 40 CFR 63.10(b)(2)(iv) and (v) to record corrective actions is now applicable by reference to 40 CFR 63.8080(h). 
We are proposing to revise the 
General Provisions table (Table 10) entry for 40 CFR 63.10(c)(15) by changing the ‘‘yes’’ in column 3 to a ‘‘no.’’ The EPA is proposing that 40 CFR 63.10(c)(15) no longer applies. When applicable, the provision allows an owner or operator to use the affected 
source’s SSM plan or records kept to satisfy the recordkeeping provisions of the SSM plan, specified in 40 CFR 63.6(e), to also satisfy the provisions of 40 CFR 63.10(c)(10) through (12). The EPA is proposing to eliminate this provision because SSM plans would no longer be required; therefore, 40 CFR 63.10(c)(15) would no longer serve any useful purpose for affected sources. 
g. 40 CFR 63.8075 Reporting 
We are proposing to revise the 
General Provisions table (Table 10) 
entry for 40 CFR 63.10(d)(5)(i) by removing the reference to 40 CFR 63.8075(e)(5) and (6), but retaining the ‘‘no’’ entry. The provisions in 40 CFR 63.8075(e)(5) describe the reporting provisions for SSM in place of those at 40 CFR 63.10(d)(5)(i). To replace the SSM reporting provision, the EPA is 
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22https://www.epa.gov/electronic-reporting-air- 
emissions/electronic-reporting-tool-ert. 
23See MCM_ Compliance_ Report_ Draft_
Template.xlsx, available at Docket ID No. EPA–HQ– 
OAR–2018–0747. proposing to add reporting provisions to 
40 CFR 63.8075(e)(6). The replacement language differs from the General Provisions in that it eliminates periodic SSM reports as a stand-alone report. We are proposing language that requires source owners or operators that fail to meet an applicable standard at any time to report the information concerning such events in the semi-annual compliance report already required under this rule. We are proposing that the report must contain the number, date, time, duration, and the cause of such events (including unknown cause, if applicable), a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. 
Examples of such methods would 
include product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters. The EPA is proposing this provision to ensure that there is adequate information to determine compliance, to allow the EPA to determine the severity of the failure to meet an applicable standard, and to provide data that may document how the source owner or operator met the 
general duty to minimize emissions during a failure to meet an applicable standard. 
h. Conforming Changes for Cross- 
References to Other Subparts 
We are proposing amendments to 
account for instances where 40 CFR part 63, subpart HHHHH cross-references other subparts that contain SSM provisions. Proposed 40 CFR 63.8000(f) lists the referenced provisions in subparts SS, TT, and UU of part 63 that contain references to SSM periods that will no longer apply after the compliance date for the proposed amendments. Proposed 40 CFR 63.8000(f)(10) through (f)(22) lists the paragraphs or phrases within the paragraphs that will not apply after the applicable compliance dates for the proposed amendments because they are no longer applicable as a result of the proposed SSM revisions. 
i. Provisions To Account for Control 
Device Bypass Periods in Determining Compliance 
Because we are proposing to remove 
the SSM provisions and require compliance at all times, we are proposing to amend 40 CFR 63.8000(c) to account for bypass periods in determining compliance with the emission percent reduction provisions in Table 1 to 40 CFR part 63, subpart 
HHHHH for process vessels. These amendments will apply to process vessels with closed vent systems and add-on controls that contain bypass lines that could divert a vent stream to the atmosphere. We are proposing that owners and operators must measure and record during each semiannual compliance period the hours that the control device was bypassed and the source’s total operating hours. They must then use the overall control efficiency required in Table 1, the total operating hours, and the control efficiency of the control device to determine the allowable bypass hours during the semiannual compliance period using proposed Equation 1 in 40 CFR 63.8005(h). These changes are required because SSM periods that may involve bypassing of the control device cannot be excluded and must now be included in determining compliance. 
j. Safety Devices 
Because we are proposing to remove 
the SSM provisions and require 
compliance at all times, we are proposing to revise 40 CFR 63.8000(b)(2), which allows the opening 
of a safety device at any time conditions require it to avoid unsafe conditions. We are proposing to revise 40 CFR 63.8000(b)(2) so that opening of a safety device to avoid unsafe conditions is considered a deviation, unless it is a bypass of a control for a process vessel and accounted for as specified in 40 CFR 63.8005(h). We are also proposing to revise 40 CFR 63.8080(c), which is the provision to keep a record of each time a safety device is opened, to add additional recordkeeping provisions consistent with those for other deviations. As a result of these proposed changes, the opening of a safety device would be considered a deviation from the emission limits for sources using closed vent systems and add-on control devices to comply with the emission limitations in 40 CFR part 63, subpart HHHHH, unless it is a bypass of a control for a process vessel and accounted for as specified in 40 CFR 63.8005(h). In the event a safety device is opened, the owners or operators would be required to comply with the general duty provision in 40 CFR 63.8000(a) to minimize emissions at all times, and to report and record information related to deviations as specified in 40 CFR 63.8075 and 63.8080, respectively, unless it is a bypass of a control for a process vessel and accounted for as specified in 40 CFR 63.8005(h). 2. Electronic Reporting Provisions 
Through this proposal, the EPA is 
proposing that owners and operators of 
MCM facilities submit electronic copies of required performance test reports, performance evaluation reports, compliance reports, and NOCS reports through the EPA’s Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI). A description of the electronic data submission process is provided in the memorandum, Electronic Reporting Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID No. EPA– 
HQ–OAR–2018–0747. The proposed rule requires that performance test results collected using test methods that are supported by the EPA’s Electronic Reporting Tool (ERT) as listed on the 
ERT website
22at the time of the test be 
submitted in the format generated through the use of the ERT and that other performance test results be submitted in portable document format (PDF) using the attachment module of the ERT. Similarly, performance evaluation results of continuous monitoring systems measuring relative accuracy test audit pollutants that are supported by the ERT at the time of the test must be submitted in the format generated through the use of the ERT and other performance evaluation results be submitted in PDF using the attachment module of the ERT. 
For performance test reports, 
performance evaluation reports, compliance reports, and NOCS reports, the proposed rule requires that owners and operators use the appropriate spreadsheet template to submit information to CEDRI. A draft version of the proposed templates for these reports are included in the docket for this rulemaking.
23The EPA specifically 
requests comment on the content, layout, and overall design of the templates. 
Additionally, the EPA has identified 
two broad circumstances in which electronic reporting extensions may be provided. In both circumstances, the decision to accept the claim of needing additional time to report is within the discretion of the Administrator, and reporting should occur as soon as possible. The EPA is providing these potential extensions to protect owners and operators from noncompliance in 
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24EPA’s Final Plan for Periodic Retrospective 
Reviews, August 2011. Available at: https://
www.regulations.gov/document?D=EPA-HQ-OAR- 
2018-0747. 
25E-Reporting Policy Statement for EPA 
Regulations, September 2013. Available at: https:// www.epa.gov/sites/production/files/2016-03/ 
documents/epa-ereporting-policy-statement-2013- 09-30.pdf. 
26Digital Government: Building a 21st Century 
Platform to Better Serve the American People, May 
2012. Available at: https://obamawhitehouse.archives.gov/sites/default/files/ 
omb/egov/digital-government/digital- government.html. cases where they cannot successfully 
submit a report by the reporting deadline for reasons outside of their control. The situation where an extension may be warranted due to outages of the EPA’s CDX or CEDRI which precludes an owner or operator from accessing the system and submitting required reports is addressed in 40 CFR 63.8075(i). The situation where an extension may be warranted due to a force majeure event, which 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 an owner or operator from complying with the requirement to submit a report electronically as required by this rule is addressed in 40 CFR 63.8075(j). Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazards beyond the control of the facility. 
The electronic submittal of the reports 
addressed in this proposed rulemaking will increase the usefulness of the data contained in those reports, is in keeping with current trends in data availability and transparency, will further assist in 
the protection of public health and the environment, will improve compliance by facilitating the ability of regulated facilities to demonstrate compliance with provisions and by facilitating the ability of delegated state, local, tribal, and territorial air agencies and the EPA to assess and determine compliance, and will ultimately reduce burden on regulated facilities, delegated air agencies, and the EPA. Electronic reporting also eliminates paper-based, manual processes, thereby saving time and resources, simplifying data entry, eliminating redundancies, minimizing data reporting errors, and providing data 
quickly and accurately to the affected facilities, air agencies, the EPA, and the public. Moreover, electronic reporting is consistent with the EPA’s plan
24to 
implement Executive Order 13563 and is in keeping with the EPA’s Agency- wide policy
25developed in response to 
the White House’s Digital Government Strategy.
26For more information on the 
benefits of electronic reporting, see the 
memorandum, Electronic Reporting 
Requirements for New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) Rules, available in Docket ID No. EPA– 
HQ–OAR–2018–0747. 
3. Other Technical Amendments 
The EPA is proposing to amend 40 
CFR 63.8055(b)(4) to remove reference 
to paragraph (d)(4) of the Occupational Safety and Health Administration’s (OSHA’s) Hazard Communication standard, which dealt with OSHA- defined carcinogens. The EPA is proposing to replace that reference with its own list of HAP that must be regarded as potentially carcinogenic based on the EPA guidelines. Although paragraph (d)(4) of OSHA’s standard was deleted when the Agency adopted the Globally Harmonized System of Hazard Communication in 2012, it was replaced by section A.6.4.2 of mandatory Appendix A of that standard, which reads as follows: 
‘‘Where OSHA has included cancer as 
a health hazard to be considered by classifiers for a chemical covered by 29 CFR part 1910, subpart Z, Toxic and Hazardous Substances, chemical manufacturers, importers, and employers shall classify the chemical as a carcinogen.’’ Thus, where OSHA has regulated workplace exposure to a chemical based, at least in part, on carcinogenic risk, OSHA requires the chemical to be classified as a carcinogen. OSHA suggests that the EPA should refer to section A.6.4.2 of Appendix A of 29 CFR 1910.1200 in its discussion of 40 CFR 63.8055 and consider chemicals that meet this provision be considered ‘‘OSHA-defined carcinogens.’’ 
We are proposing to replace these 
references to carcinogens in 29 CFR 1910.1200(d)(4) with a list (in proposed new Table 11 to 40 CFR part 63, subpart HHHHH) of those organic HAP that must be included in calculating total organic HAP content of a coating material if they are present at 0.1 percent or greater by mass. 
We propose to include organic HAP 
in proposed Table 11 to 40 CFR part 63, subpart HHHHH if they were categorized in the EPA’s Prioritized Chronic Dose-Response Values for Screening Risk Assessments (dated May 9, 2014) as a ‘‘human carcinogen,’’ ‘‘probable human carcinogen,’’ or ‘‘possible human carcinogen’’ according to The Risk Assessment Guidelines of 
1986 (EPA/600/8–87/045, August 1987), 
or as ‘‘carcinogenic to humans,’’ ‘‘likely to be carcinogenic to humans,’’ or with ‘‘suggestive evidence of carcinogenic potential’’ according to the Guidelines for Carcinogen Risk Assessment (EPA/ 630/P–03/001F, March 2005). 
There are several additional revisions 
that we are proposing to 40 CFR part 63, subpart HHHHH to clarify text or correct typographical errors, grammatical errors, and cross-reference errors. These proposed editorial corrections and clarifications are summarized in Table 4 of this preamble. 
TABLE 4—S UMMARY OF PROPOSED EDITORIAL AND MINOR CORRECTIONS TO 40 CFR P ART63, S UBPART HHHHH 
Provision Proposed revision 
40 CFR 63.7985(d)(2) .............................................................. Remove the word ‘‘future.’’ 
40 CFR 63.8050(c)(3) .............................................................. Correct reference to subparagraph (c)(2)(i) to (iii) to (c)(3)(i) to (iii). 
40 CFR 63.8075(c)(1) .............................................................. Clarify the paragraphs to say 63.8005 through 63.8030 to include heat exchang-
ers. 
40 CFR 63.8075(d) .................................................................. Change the reference from (d)(2) to (d)(1). 
40 CFR 63.8075(d)(2)(ii) .......................................................... Remove the word ‘‘initial.’’ 
40 CFR 63.8090(b) .................................................................. Clarify the sentence to say, ‘‘You are in compliance with this subpart if you have 
a storage tank with a fixed roof, closed-vent system, and control device in 
compliance with 40 CFR part 60, subpart Kb, and you are in compliance with the monitoring, recordkeeping, and reporting requirements in this subpart.’’ 
Table 8 to 40 CFR part 63, subpart HHHHH .......................... Correct ‘‘FFFF’’ to ‘‘HHHHH.’’ 
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27Control Techniques for Volatile Organic 
Compound Emissions from Stationary Sources, 
EPA/453/R–92–018, December 1992, Control Technologies for Emissions from Stationary Sources, EPA/625/6–91/014, June 1991, and Survey 
of Control Technologies for Low Concentration Organic Vapor Gas Streams, EPA–456/R–95–003, May 1995. 4. Ongoing Emissions Compliance 
Demonstrations 
As part of an ongoing effort to 
improve compliance with various federal air emission regulations, the EPA reviewed the compliance demonstration provisions in the MCM NESHAP. Currently, if a source owner or operator chooses to comply with the standards using add-on controls, the results of an initial performance test are used to determine compliance; however, the rule does not require ongoing periodic performance testing for these emission capture systems and add-on controls. We are proposing periodic testing of add-on control devices, in addition to the one-time initial emissions testing and ongoing continuous parametric monitoring, to ensure ongoing compliance with the standards. 
Although ongoing monitoring of 
operating parameters is required by the NESHAP and is conducted by owners or operators, as control devices age over time, the destruction efficiency of the control devices can be compromised due to various factors. The EPA published several documents that identify potential control device operational problems that could decrease emission reduction efficiency, including, but not limited to the following: Corrosion due to halogens in HAP exhaust for thermal oxidizers, catalyst deactivation or poisoning for catalytic oxidizers, leaking valves for regenerative oxidizers, adsorbent plugging and fouling for adsorbers, and changing waste stream temperatures and absorption characteristics for condensers and concentrators.
27 
The Institute of Clean Air Companies 
(ICAC), an industry trade group currently representing 50 emission control device equipment manufacturers, corroborated the fact that control equipment degrades over time in their comments in a prior rulemaking. In their comments on proposed revisions to the NESHAP General Provisions (72 FR 69, January 3, 2007), ICAC stated that ongoing maintenance and checks of control 
devices are necessary in order to ensure emissions control technology remains effective. Based on the need for vigilance in maintaining equipment to stem degradation, in this action, we are proposing to require periodic performance testing of certain add-on 
control devices on a 5-year cycle and removing the allowance for demonstration of compliance using a design evaluation for ‘‘small control devices,’’ defined as controlling less than 10 tons of HAP per year. We are not proposing to revise performance demonstration requirements for condensers because outlet gas temperature correlates directly with control efficiency and continuous monitoring of outlet gas temperature provides a direct indication of whether control efficiency has been met. Likewise, the proposed performance testing provision of incineration control devices allows an exception from periodic testing for facilities using instruments to continuously measure VOC emissions. Using VOC continuous emissions monitoring systems (CEMS) would be a direct indicator of compliance. The use of VOC CEMS to demonstrate compliance would obviate the need for initial or periodic control device testing. Our available data indicates that the oxidizers are the only other control device used to comply with this standard. Incinerators, however, could experience this degradation and reduced control efficiency that would not be captured with operating parameter monitoring of temperature. 
We have identified several states with 
MCM facilities that already require such testing every 5 years synchronized with 40 CFR part 70 air operating permit renewals. 
The proposed periodic performance 
testing provisions would require owners or operators of facilities complying with the standards using a closed vent system to control and which are not already on a 5-year testing schedule to conduct the first of the periodic performance tests within 3 years of the effective date of the revised standards. Afterward, the owners or operators would conduct periodic testing before they renew their operating permits, but no longer than 5 years following the previous performance test. Additionally, owners or operators of facilities that have already tested as a condition of their permit within the last 2 years before the effective date would be permitted to maintain their current 5-year schedule and not be required to move up the date of the next test to the 3-year date specified above. This proposed provision would require periodic air emissions testing to measure organic HAP destruction or removal efficiency at the inlet and outlet of the thermal oxidizer. The emissions would be 
measured as total gaseous organic mass emissions as carbon using either EPA Method 18 of appendix A–6 to 40 CFR 
part 60, or EPA Method 25 or 25A of appendix A–7 to 40 CFR part 60, which are the methods currently required for the initial compliance demonstration. 
We estimate that the cost associated 
with this proposed provision, which includes a control device emissions destruction or removal efficiency test using EPA Method 18, 25 or 25A, would be approximately $19,000 per control device every 5 years for those sources not already required by their title V operating permit to conduct testing at least every 5 years. The cost estimate is included in the memorandum titled Draft Costs/Impacts of the 40 CFR part 63 Subpart HHHHH Monitoring Review Revisions, in the MCM Docket. Based on 
the development of cost estimates for other NESHAP, we know that certain states typically require periodic testing as a condition of renewing title V operating permits. We have assumed that facilities located in these states are currently required to conduct periodic performance tests as a condition of their 40 CFR part 70 operating permits, and the proposed periodic testing would not add any new testing provisions and the estimated costs would not apply to these facilities. We have assumed that facilities in other states would have additional testing provisions and costs. Periodic performance tests ensure that any thermal oxidizers used to comply with the NESHAP in the future would be properly maintained over time, thereby reducing the potential for acute emissions episodes and non- compliance. 
E. What compliance dates are we 
proposing? 
Amendments to the MCM NESHAP 
proposed in this rulemaking for adoption under CAA section 112(d)(2) and (3) are subject to the compliance deadlines outlined in the CAA under 
section 112(i). 
For all of the provisions we are 
proposing under CAA sections 112(d)(2) and (3), we are proposing all affected source owners or operators must comply with all of the amendments no later than 3 years after the effective date of the final rule, or upon startup, whichever is later. For existing sources, CAA section 112(i) provides that the compliance date be as expeditious as practicable, but no later than 3 years after the effective date of the standard. (‘‘Section 112(i)(3)’s three-year maximum compliance period applies generally to any emission standard . . . promulgated under [section 112].’’ Association of Battery Recyclers v. EPA, 
716 F.3d 667, 672 (D.C. Cir. 2013)). In determining what compliance period is 
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as expeditious as practicable, we 
consider the amount of time needed to plan and construct projects and change operating procedures. As provided in CAA section 112(i), all new affected sources would comply with these provisions by the effective date of the final amendments to the MCM NESHAP or upon startup, whichever is later. 
All affected facilities would have to 
continue to meet the current provisions of 40 CFR part 63, subpart HHHHH until the applicable compliance date of the amended rule. The final action is not expected to be a ‘‘major rule’’ as defined by 5 U.S.C. 804(2), so the effective date of the final rule will be the promulgation date as specified in CAA section 112(d)(10). 
We are proposing to change the 
provisions for SSM by removing the exemption from the emission limitations (i.e., emission limits, 
operating limits, and work practice standards) during SSM periods and by removing the provision to develop and implement an SSM plan. We are also proposing that owners and operators will now need to take into account control device bypass periods, even if during SSM periods, when demonstrating compliance with the percent emission reduction provisions for process vessels in Table 1 to 40 CFR part 63, subpart HHHHH. 
Our experience with similar 
industries further shows that this sort of regulated facility generally requires a substantial time period to read and understand the amended rule provisions; to evaluate their operations to ensure that they can meet the standards during periods of startup and shutdown as defined in the rule and make any necessary adjustments; and to update their operation, maintenance, and monitoring plan to reflect the revised provisions. It is also possible that some facilities may need to upgrade their emission capture and control systems because of the proposed changes to the bypass provisions in the compliance calculations. These upgrades may require additional time to evaluate the current control system, plan for needed upgrades, and then design, purchase, and install those upgrades. From our assessment of the time frame needed for compliance with the entirety of the revised requirements related to the SSM provisions, including the need to account for bypass periods, the EPA considers a period of 3 years to be the most expeditious compliance period practicable and, thus, is proposing that existing affected sources be in compliance with 40 CFR part 63, subpart HHHHH’s revised SSM provisions within 3 years of the final amendment’s effective date. 
Therefore, for all affected sources that 
commence construction or reconstruction on or before September 4, 2019, we are proposing that it is necessary to provide 3 years after the effective date of the final rule (or upon startup, whichever is later) for owners and operators to comply with the provisions that have been amended to remove the exemption from the emission limitations during SSM periods. For all affected sources that commenced construction or reconstruction after September 4, 2019, we are proposing that owners and operators comply with the amended provisions by the effective date of the final rule (or upon startup, whichever is later). 
As discussed elsewhere in this 
preamble, we are also proposing to add a provision that notifications, performance test results, and semiannual compliance reports be submitted electronically. We are proposing that the semiannual compliance report be submitted electronically using a new template, which is available for review and comment as part of this action. Regarding electronic reporting, our experience with similar industries shows that a time period of a minimum of 90 days, and, more typically, 180 days, is generally necessary to convert reporting mechanisms to install necessary hardware and software, become familiar with the process of submitting performance test results electronically through the EPA’s CEDRI, test these new electronic submission capabilities, and reliably employ electronic reporting. From our assessment of the time frame needed for compliance with the new electronic reporting provisions, the EPA considers a period of 180 days to be the most expeditious compliance period practicable and, thus, is proposing that all sources would begin complying with the new electronic reporting provisions beginning no later than 180 days after the regulation’s effective date. 
We solicit comment on these 
proposed compliance periods, and we specifically request submission of information from sources in this source category regarding specific actions that would need to be undertaken to comply with the proposed amended provisions and the time needed to make the adjustments for compliance with any of the revised provisions. We note that information provided may result in changes to the proposed compliance dates. V. Summary of Cost, Environmental, 
and Economic Impacts 
A. What are the affected sources? 
Currently, 43 major sources subject to 
the MCM NESHAP are operating in the 
United States. The affected source under the NESHAP is the facility-wide 
collection of equipment used to manufacture coatings and includes all process vessels; storage tanks for feedstocks and products; components such as pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems; wastewater tanks; transfer racks; and cleaning operations. A coating is defined as material such as paint, ink, or adhesive that is intended to be applied to a substrate and consists of a mixture of resins, pigments, solvents, and/or other additives, where the material is produced by a manufacturing operation where materials are blended, mixed, diluted, or otherwise formulated. 
B. What are the air quality impacts? 
At the current level of control, 
estimated emissions of volatile organic 
HAP from the MCM source category are approximately 405 tpy. 
The proposed amendments require 
that all 43 major sources in the MCM source category comply with the relevant emission standards at all times, including periods of SSM. We were unable to quantify the emissions that occur during periods of SSM or the specific emissions reductions that would occur as a result of this action. However, eliminating the SSM exemption has the potential to reduce emissions by requiring facilities to meet the applicable standard during SSM periods. 
Indirect or secondary air emissions 
impacts are impacts that would result from the increased electricity usage associated with the operation of control devices (e.g., increased secondary 
emissions of criteria pollutants from power plants). Energy impacts consist of the electricity and steam needed to operate control devices and other equipment. The proposed amendments would have no effect on the energy needs of the affected facilities and would, therefore, have no indirect or secondary air emissions impacts. 
C. What are the cost impacts? 
We estimate that to comply with the 
proposed amendments each facility in 
the MCM source category will experience increased reporting and recordkeeping costs. The recordkeeping and reporting costs are presented in 
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section VIII.C of this preamble. The 
costs include time to read and understand the rule amendments. Costs associated with elimination of the SSM exemption were estimated as part of the reporting and recordkeeping costs and include time for re-evaluating previously developed SSM record systems. Costs associated with the provision to electronically submit notifications and semi-annual compliance reports using CEDRI were estimated as part of the reporting and recordkeeping costs and include time for becoming familiar with CEDRI and the reporting template for semi-annual compliance reports. 
We are also proposing a provision for 
performance testing no less frequently than every 5 years for sources in the MCM source category using add-on controls to demonstrate compliance. We estimate that 12 facilities subject to the MCM NESHAP and using add-on control devices would incur costs to conduct control device performance testing because they are not required by their permits to conduct testing every 5 years. This total does not include facilities in the MCM source category that have add-on controls and are currently required to perform periodic performance testing as a condition of their state operating permit. The cost for a facility to conduct a destruction or removal efficiency performance test using EPA Method 25 or 25A is estimated to be about $19,000. The total cost for all 12 facilities to test their add- on control devices in a single year, plus one facility completing a retest to account for 5 percent of control devices failing to pass the first test, would be $247,000. The total annualized testing cost, including retests, is approximately $57,000 per year at an interest rate of 5.25 percent and an additional $6,000 in reporting costs per facility in the year in which the test occurs for the MCM source category. For further information on the potential costs, see the cost tables in the memoranda titled Estimated Costs/Impacts of the 40 CFR part 63 Subpart HHHHH Monitoring Review 
Revisions, May 2019, and the Economic 
Impact and Small Business Screening Assessments for Proposed Amendments to National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing Facilities (Subpart HHHHH), in the MCM Docket. 
D. What are the economic impacts? 
The economic impact analysis is 
designed to inform decision-makers 
about the potential economic consequences of a regulatory action. For the current proposal, the EPA estimated the cost of becoming familiar with the 
rule and re-evaluating previously developed SSM record systems and performing periodic emissions testing at certain facilities with add-on controls that are not already required to perform testing. To assess the maximum potential impact, the largest cost expected to be experienced in any 1 year is compared to the total sales for the ultimate owner of the affected facilities to estimate the total burden for each facility. 
For the proposed revisions to the 
MCM NESHAP, the 2019 equivalent annualized value (in 2018$) of the costs over the period 2020–2026 is $66,000 assuming a 3-percent discount rate and $73,000 assuming a 7-percent discount rate. The 43 affected facilities are owned by 27 different parent companies, and the total costs associated with the proposed amendments range from 0.000005 to 0.025 percent of annual sales revenue per ultimate owner. These costs are not expected to result in a significant market impact, regardless of whether they are passed on to the purchaser or absorbed by the firms. 
The EPA also prepared a small 
business screening assessment to 
determine whether any of the identified affected entities are small entities, as defined by the U.S. Small Business Administration. Two of the facilities potentially affected by the proposed revisions to the MCM NESHAP are small entities. However, the costs associated with the proposed amendments for these two affected small entities range from 0.002 to 0.025 percent of annual sales revenues per ultimate owner. Therefore, there are no significant economic impacts on a substantial number of small entities from these proposed amendments. 
More information and details of this 
analysis are provided in the technical document titled Economic Impact and Small Business Screening Assessments for Proposed Amendments to the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (Subpart HHHHH), available in the MCM Docket. 
E. What are the benefits? 
As stated above in section V.B of this 
preamble, we were unable to quantify 
the specific emissions reductions associated with eliminating the SSM exemption. 
Because these proposed amendments 
are not considered economically significant, as defined by Executive Order 12866, we did not monetize the benefits of reducing these emissions. This does not mean that there are no benefits associated with the potential reduction in volatile organic HAP from this rule. 
VI. Request for Comments 
We solicit comments on this proposed 
action. In addition to general comments 
on this proposed action, we are also interested in receiving additional data that may improve the risk assessments and other analyses. We are specifically interested in receiving any improvements to the data used in the site-specific emissions profiles used for risk modeling. Such data should include supporting documentation in sufficient detail to allow characterization of the quality and representativeness of the data or information. Section VII of this preamble provides more information on submitting data. 
VII. Submitting Data Corrections 
The site-specific emissions profiles 
used in the source category risk and 
demographic analyses and instructions are available for download on the RTR website at https://www.epa.gov/ stationary-sources-air-pollution/ miscellaneous-coating-manufacturing- national-emission-standards. The data 
files include detailed information for each HAP emissions release point for the facilities in the source category. 
If you believe that the data are not 
representative or are inaccurate, please identify the data in question, provide your reason for concern, and provide any ‘‘improved’’ data that you have, if available. When you submit data, we request that you provide documentation of the basis for the revised values to support your suggested changes. To submit comments on the data downloaded from the RTR website, complete the following steps: 
1. Within this downloaded file, enter 
suggested revisions to the data fields appropriate for that information. 
2. Fill in the commenter information 
fields for each suggested revision (i.e., commenter name, commenter organization, commenter email address, commenter phone number, and revision comments). 
3. Gather documentation for any 
suggested emissions revisions (e.g., performance test reports, material balance calculations). 
4. Send the entire downloaded file 
with suggested revisions in Microsoft
® 
Access format and all accompanying documentation to Docket ID No. EPA– HQ–OAR–2018–0747 (through the method described in the 
ADDRESSES  
section of this preamble). 
5. If you are providing comments on 
a single facility or multiple facilities, you need only submit one file for all 
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facilities. The file should contain all 
suggested changes for all sources at that facility (or facilities). We request that all data revision comments be submitted in the form of updated Microsoft
®Excel 
files that are generated by the Microsoft
®Access file. These files are 
provided on the RTR website at https:// 
www.epa.gov/stationary-sources-air- 
pollution/miscellaneous-coating- manufacturing-national-emission- standards. 
VIII. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at https://www.epa.gov/laws- regulations/laws-and-executive-orders. 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review 
This action is not a significant 
regulatory action and was, therefore, not submitted to OMB for review. 
B. Executive Order 13771: Reducing 
Regulations and Controlling Regulatory Costs 
This action is not expected to be an 
Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. 
C. Paperwork Reduction Act (PRA) 
The information collection activities 
in this proposal have been submitted for 
approval to OMB under the PRA. The ICR document that the EPA prepared has been assigned EPA ICR number 2115.06. You can find a copy of the ICR in the MCM Docket (Docket ID No. EPA–HQ–OAR–2018–0747), and it is briefly summarized here. 
The EPA is proposing to revise the 
SSM provisions of the rule, proposing to require periodic testing of control devices, and proposing the use of electronic data reporting for future performance test data submittals, notifications, and reports. This information is being collected to assure compliance with 40 CFR part 63, subpart HHHHH. 
Respondents/affected entities: 
Facilities manufacturing surface coatings. 
Respondent’s obligation to respond: 
Mandatory (40 CFR part 63, subpart HHHHH). 
Estimated number of respondents: In 
the 3 years after the amendments are final, approximately 43 respondents per year would be subject to the NESHAP and no additional respondents are expected to become subject to the NESHAP during that period. Frequency of response: The total 
number of responses in year 1 is 175, in 
year 2 is 46, and in year 3 is 85. 
Total estimated burden: The average 
annual burden of the proposed amendments to the 43 MCM facilities over the 3 years if the amendments are finalized is estimated to be 565 hours (per year). The average annual burden to the Agency over the 3 years after the amendments are final is estimated to be 116 hours (per year). Burden is defined at 5 CFR 1320.3(b). 
Total estimated cost: The average 
annual cost of the proposed amendments to the MCM facilities is $65,000 in labor costs in the first 3 years after the amendments are final. The average annual capital and operation and maintenance costs are $82,000. The total average annual agency cost of the proposed amendments over the first 3 years after the amendments are final is estimated to be $5,500. 
An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations in 40 CFR are listed in 40 CFR part 9. 
Submit your comments on the 
Agency’s need for this information, the 
accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this rule. You may also send your ICR-related comments to OMB’s Office of Information and Regulatory Affairs via email to OIRA_
submission@omb.eop.gov, Attention: 
Desk Officer for the EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than October 4, 2019. The EPA will respond to any ICR-related comments in the final rule. 
D. Regulatory Flexibility Act (RFA) 
I certify that this action will not have 
a significant economic impact on a 
substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden, or otherwise has a positive economic effect on the small entities subject to the rule. The annualized costs associated with the proposed amendments in this action for the affected small entities is described in section V.D above and additional detail is provided in the economic 
impact memorandums associated with this action. We have, therefore, concluded that this action will have no net regulatory burden for all directly regulated small entities. 
E. Unfunded Mandates Reform Act 
(UMRA) 
This action does not contain an 
unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. 
F. Executive Order 13132: Federalism 
This action does not have federalism 
implications. It will not have substantial 
direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. 
G. Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments 
This action does not have tribal 
implications as specified in Executive 
Order 13175. No tribal facilities are known to be engaged in any of the industries that would be affected by this action (MCM). Thus, Executive Order 13175 does not apply to this action. 
H. Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risks 
This action is not subject to Executive 
Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action’s health and risk assessments are contained in sections III.A and C, and IV.A, B, and C of this preamble, and are further documented in the Miscellaneous Coating Manufacturing Risk Assessment Report, in the MCM Docket. 
I. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
This action is not subject to Executive 
Order 13211 because it is not a significant regulatory action under Executive Order 12866. 
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J. National Technology Transfer and 
Advancement Act (NTTAA) and 1 CFR Part 51 
This action involves technical 
standards. Therefore, the EPA conducted searches for the MCM NESHAP through the Enhanced National Standards Systems Network (NSSN) Database managed by the American National Standards Institute (ANSI). We also contacted voluntary consensus standards (VCS) organizations and accessed and searched their databases. We conducted searches for EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 18, 21, 22, 24, 25, 25A, 25D, 26, 26A, and 29 of 40 CFR part 60, appendix A; 301, 305, 311, 316, and 320 of 40 CFR part 63, appendix A; 624, 625, 1624, 1625, 1666, and 1671 of 40 CFR part 136, appendix A; and 8260, 8260B (SW–846), 8270, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW–846 third edition. During the EPA’s VCS search, if the title or abstract (if provided) of the VCS described technical sampling and analytical procedures that are similar to the EPA’s reference method, the EPA ordered a copy of the standard and reviewed it as a potential equivalent method. We reviewed all potential standards to determine the practicality of the VCS for this rule. This review requires significant method validation data that meet the requirements of EPA Method 301 for accepting alternative methods or scientific, engineering, and policy equivalence to procedures in the EPA reference methods. The EPA may reconsider determinations of impracticality when additional information is available for particular VCS. 
No applicable VCS were identified for 
EPA Methods 1A, 2A, 2D, 2F, 2G, 21, 22, 25D, 305, 316, 625, 1624, 1625, 1666, 1671, 8260, 8260B (SW–846), and 8270. The following VCS were identified as acceptable alternatives to the EPA test methods for the purpose of this rule. 
The EPA proposes to use the VCS 
ANSI/ASME PTC 19–10–1981 Part 10 (2010), ‘‘Flue and Exhaust Gas Analyses,’’ as an acceptable alternative to EPA Method 3B for the manual procedures only and not the instrumental procedures. This method determines quantitatively the gaseous constituents of exhausts resulting from stationary combustion sources. 
Additionally, the EPA proposes to use 
the VCS ASTM D6420–18, ‘‘Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry,’’ as an acceptable 
alternative to EPA Method 18 with the following caveats. This ASTM procedure has been approved by the EPA as an alternative to EPA Method 18 only when the target compounds are all known and the target compounds are all listed in ASTM D6420 as measurable. We are proposing that ASTM D6420–18 should not be used for methane and ethane because the atomic mass is less than 35; and ASTM D6420 should never be specified as a total VOC method. This test method employs a direct interface gas chromatograph/mass spectrometer to identify and quantify VOC. 
The EPA proposes to use the VCS 
ASTM D2369–10(2015) el, ’’Test Method for Volatile Content of Coatings’’; ASTM D2697–03 (2014), ‘‘Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings’’; and ASTM D3960–98, ‘‘ ’Standard Practice for Determining VOC Content of Paints and Related Coatings,’’ as acceptable alternatives to EPA Method 24. The ASTM D2369–10 (2015) method describes a procedure for the determination of the weight percent volatile content of solvent borne and waterborne coatings. The ASTM D2697– 03 (2014) method is intended to provide a measure of the volume of dry coating obtainable from a given volume of liquid coating. The ASTM D3960–98 method measures the VOC content of solvent borne and waterborne paints and related coatings as determined from the quantity of material released from a sample under specified bake conditions and subtracting exempt volatile compounds and water if present. 
The EPA proposes to use the VCS 
CARB Method 310, ‘‘Determination of VOC in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products,’’ as an acceptable alternative to EPA Method 311. Method 310 determines the total volatile material in a product and the presence of any compounds and is also used to determine the percent by weight of the reactive organic compounds contained in aerosol coating products. 
In addition, the EPA proposes to use 
the VCS ASTM D6348–12e1, ‘‘Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform (FTIR) Spectroscopy,’’ as an 
acceptable alternative to EPA Method 320 of appendix A to 40 CFR part 63 with caveats requiring inclusion of selected annexes to the standard as mandatory. We are proposing the test plan preparation and implementation in the Annexes to ASTM D6348–12e1, Sections Al through A8 are mandatory; and in ASTM D6348–12e1, Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5). We are proposing that in order for the test data to be acceptable for a compound, %R must be 70% ≥ R ≤ 130%. If the %R 
value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/or analytical 
procedure should be adjusted before a retest). We are proposing that the %R value for each compound be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound by using the following equation: 
Reported Results = (Measured 
Concentration in the Stack × 100)/% 
R. The ASTM D6348–12e1 method is an 
extractive FTIR based field test method 
is used to quantify gas phase concentrations of multiple target analytes from stationary source effluent. 
The six ASTM methods (ASTM 
D6420–18, ASTM D2369–10(2015)el, ASTM D6348–12e1, ASTM D2697–03 (2014), ASTM D3960–98, and ASTM D6348–03) are available at ASTM International, 1850 M Street NW, Suite 1030, Washington, DC 20036. See https://www.astm.org/. The CARB 
method (VCS CARB Method 310) is available at CARB, 1001 I Street, Sacramento, CA 95814. See https://ww2.arb.ca.gov/. The ANSI/ASME PTC 
19 10 1981 Part 10 (2010) method is available at American National Standards Institute (ANSI), 1899 L Street NW, 11th floor, Washington, DC 20036 and the American Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016– 5990 See https://wwww.ansi.org and 
https://www.asme.org. 
Finally, the search identified seven 
other VCS that were potentially applicable for this rule in lieu of the EPA reference methods. After reviewing the available standards, the EPA determined that seven candidate VCS identified for measuring emissions of pollutants or their surrogates subject to emission standards in the rule would not be practical due to lack of equivalency, documentation, validation data and other important technical and policy considerations. Additional information for the VCS search and determinations can be found in the memorandum, Voluntary Consensus 
Standard Results for National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coatings Manufacturing, 
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which is available in the docket for this 
action. 
The EPA welcomes comments on this 
aspect of the proposed rulemaking and, specifically, invites the public to identify potentially applicable VCS, and to explain why the EPA should use such standards in this regulation. 
K. Executive Order 12898: Federal 
Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
The EPA believes that this action does 
not have disproportionately high and adverse human health or environmental effects on minority populations, low- income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
The documentation for this decision 
is contained in sections IV.A and IV.B of this preamble and the technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near 
Miscellaneous Coating Manufacturing Operations, January 2019, available in 
the MCM Docket. 
As discussed in sections IV.A and B 
of this preamble, we performed a demographic analysis for the MCM source category, which is an assessment of risks to individual demographic groups, of the population close to the facilities (within 50 km and within 5 km). In this analysis, we evaluated the distribution of HAP-related cancer risks and noncancer hazards from the MCM source category across different social, demographic, and economic groups within the populations living near operations identified as having the highest risks. 
The results of the MCM source 
category demographic analysis indicate that approximately 3,700 people are exposed to a cancer risk greater than or equal to 1-in-1 million and no one is exposed to a chronic noncancer HI greater than 1. For those people with a cancer risk greater than or equal to 1-in- 1 million, the African American and Below Poverty Level demographic groups are higher than their respective nationwide percentages. 
We do not expect this proposal to 
achieve significant reductions in HAP emissions. The EPA anticipates that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations, and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not significantly affect the level of protection provided to human health or the environment. The documentation for this decision is contained in section IV of this preamble and the technical report titled Risk and Technology Review—Analysis of Demographic Factors for Populations Living Near Miscellaneous Coating Manufacturing Operations, January 2019, which is 
available in the MCM Docket. 
List of Subjects in 40 CFR Part 63 
Environmental protection, Air 
pollution control, Hazardous 
substances, Incorporation by reference, Reporting and recordkeeping requirements. 
Dated: August 15, 2019. 
Andrew R. Wheeler, 
Administrator. 
For the reasons set forth in the 
preamble, the Environmental Protection 
Agency proposes to amend 40 CFR part 63 as follows: 
PART 63—NATIONAL EMISSION 
STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 
■1. The authority citation for part 63 
continues to read as follows: 
Authority: 42 U.S.C. 7401, et seq. 
Subpart A—[Amended] 
■2. Section 63.14 is amended by: 
■a. Adding paragraph (e)(2), 
■b. Revising paragraphs (h)(26), and 
(30); 
■c. Redesignating paragraphs (h)(92) 
through (111) as paragraphs (h)(94) through (113) and paragraphs (h)(50) through (h)(91) as paragraphs (h)(51) through (h)(92), respectively; 
■d. Adding new paragraph (h)(50); 
■e. Revising newly redesignated 
paragraph (h)(85); 
■f. Adding new paragraph (h)(93); 
■g. Redesignating paragraphs (k)(1) 
through (k)(5) as paragraphs (k)(2) through (k)(6); and 
■h. Adding new paragraph (k)(1). 
The revisions and additions read as 
follows: 
§ 63.14 Incorporations by reference. 
* * * * * 
(e) * * * 
(2) ANSI/ASME PTC 19.10–1981 
(2010), Flue and Exhaust Gas Analyses 
(Part 10, Instruments and Apparatus), re-issued 2010, IBR approved for § 63.8000(d). 
* * * * * 
(h) * * * 
(26) ASTM D2369–10 (Reapproved 
2015)e, Standard Test Method for 
Volatile Content of Coatings, approved June 1, 2015, IBR approved for §§ 63.4141(a) and (b), 63.4161(h), 63.4321(e), 63.4341(e), 63.4351(d), 63.4741(a), 63.4941(a) and (b), 63.4961(j), and 63.8055(b). 
* * * * * 
(30) ASTM D2697–03 (Reapproved 
2014), Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for §§ 63.4141(b), 63.4741(a) and (b), 63.4941(b),, and 63.8055(b). 
* * * * * 
(50) ASTM D3960–98, Standard 
Practice for Determining Volatile 
Organic Compound (VOC) Content of Paints and Related Coatings IBR approved for § 63.8055(b). 
* * * * * 
(85) ASTM D6348–12e1, Standard 
Test Method for Determination of 
Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for §§ 63.1571(a), and 63.8000(d). 
* * * * * 
(93) ASTM D6420–18, Standard Test 
Method for Determination of Gaseous 
Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for § 63.8000(d). 
* * * * * 
(k) * * * 
(1) Method 310, ‘‘Determination of 
Volatile Organic Compounds in 
Consumer Products and Reactive Organic Compounds in Aerosol Coating Products,’’ amended August 1, 2014, IBR approved for § 63.8055(b). 
* * * * * 
Subpart HHHHH—National Emission 
Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing 
■3. Section 63.7985 is amended by 
revising paragraphs (a)(1) through (3), paragraph (b) introductory text, paragraphs (b)(1) through (3), and (d)(1) through (4) to read as follows: 
§ 63.7985 Am I subject to the requirements 
in this subpart? 
(a) * * * 
(1) Are located at or are part of a 
major source of hazardous air pollutants 
(HAP) emissions, as defined in section 112(a) of the Clean Air Act (CAA); 
(2) Manufacture coatings as defined in 
§ 63.8105; 
(3) Process, use, or produce HAP; and 
* * * * * 
(b) Miscellaneous coating 
manufacturing operations include the facility-wide collection of equipment described in paragraphs (b)(1) through (4) of this section that is used to 
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manufacture coatings as defined in 
§ 63.8105. Miscellaneous coating manufacturing operations also include cleaning operations. 
(1) Process vessels; 
(2) Storage tanks for feedstocks and 
products; 
(3) Components such as pumps, 
compressors, agitators, pressure relief 
devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems; and 
* * * * * 
(d) * * * 
(1) Research and development 
facilities, as defined in section 112(c)(7) 
of the CAA; 
(2) The affiliated operations located at 
an affected source under subparts GG (National Emission Standards for Aerospace Manufacturing and Rework Facilities), KK (National Emission Standards for the Printing and Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), MMMM (National Emission Standards for Miscellaneous Metal Parts and Products Surface Coating Operations) and SSSS (NESHAP: Surface Coating of Metal Coil) of this part. Affiliated operations include, but are not limited to, mixing or dissolving of coating ingredients; coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of coating lines and coating line parts; handling and storage of coatings and solvent; and conveyance and treatment of wastewater; 
(3) Ancillary equipment such as 
boilers and incinerators (only those not used to comply with the emission limits in Tables 1 through 5 to this subpart), chillers and refrigeration systems, and other equipment that is not directly involved in the manufacturing of a coating (i.e., it operates as a closed 
system, and materials are not combined with materials used to manufacture the coating); 
(4) Quality assurance/quality control 
laboratories; or 
* * * * * 
■4. Section 63.7995 is amended by 
revising paragraph (a) introductory text 
and paragraph (b), and adding paragraph (e) to read as follows: 
§ 63.7995 When do I have to comply with 
this subpart? 
* * * * * 
(a) Except as specified in paragraph 
(e) of this section, if you have a new 
affected source, you must comply with this subpart according to the requirements in paragraphs (a)(1) and (2) of this section. 
***  (b) Except as specified in paragraphs 
(e) of this section, if you have an existing affected source on December 11, 2003, then you must comply with the requirements for existing sources in this subpart no later than December 11, 2006. 
* * * * * 
(e) All affected sources that 
commenced construction or 
reconstruction on or before [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], must be in 
compliance with the requirements listed in paragraphs (e)(1) through (5) of this section upon initial startup or [date 3 years after date of publication of final rule in the Federal Register], whichever 
is later. All affected sources that commenced construction or reconstruction after [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal Register], must be in 
compliance with the requirements listed in paragraphs (e)(1) through (5) of this section upon initial startup, or [date of publication of final rule in the Federal Register], whichever is later. 
(1) The general requirements specified 
in § 63.8000(a)(2), (b)(2), (d)(8), and (f); and § 63.8005(d)(5) and (h). 
(2) The reporting requirements 
specified in § 63.8075(e)(5), (e)(6)(ii)(B), (e)(6)(ii)(D), (e)(6)(iii)(C), and (e)(6)(iii)(E). 
(3) The recordkeeping requirements 
specified in § 63.8080(c), (e), (f), (h), and (i). 
(4) The definitions specified in 
§ 63.8105. 
(5) The general provisions as specified 
in Table 10 to subpart HHHHH. 
■5. Section 63.8000 is amended by: 
■a. Revising paragraphs (a), (b)(2), 
(c)(3), introductory text to paragraph (d)(1), and paragraphs (d)(1)(i) and (iii); 
■e. Removing and reserving paragraph 
(d)(2); 
■f. Revising paragraphs (d)(3),(4)(i)(A), 
(ii)(C), and (iv); and 
■h. Adding paragraphs (d)(8), (e), and 
(f). 
The revisions and additions read as 
follows: 
§ 63.8000 What are my general 
requirements for complying with this subpart? 
(a) You must comply with paragraphs 
(a)(1) and (2) of this section. 
(1) Except as specified in paragraph 
(a)(2) of this section, you must be in 
compliance with the emission limits and work practice standards in Tables 1 through 5 to this subpart at all times, except during periods of startup, shutdown, and malfunction. You must meet the requirements specified in paragraphs (b) and (c) of this section. You must meet the requirements 
specified in §§ 63.8005 through 63.8025 (or the alternative means of compliance in § 63.8050), except as specified in paragraph (d) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§ 63.8070, 63.8075, and 63.8080. 
(2) Beginning no later than the 
compliance dates specified in 
§ 63.7995(e), paragraph (a)(1) of this section no longer applies. Instead, beginning no later than the compliance dates specified in § 63.7995(e), you must be in compliance with the emission limits and work practice standards in Tables 1 through 5 to this subpart at all times. You must meet the requirements specified in paragraphs (b) and (c) of this section. You must meet the requirements specified in §§ 63.8005 through 63.8030 (or the alternative means of compliance in § 63.8050), except as specified in paragraph (d) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§ 63.8070, 63.8075, and 63.8080. 
(b) * * * 
(2) You must comply with paragraphs 
(b)(2)(i) and (ii) of this section. 
(i) Except as specified in paragraph 
(b)(2)(ii) of this section, opening of a 
safety device, as defined in § 63.8105, is allowed at any time conditions require it to avoid unsafe conditions. 
(ii) Beginning no later than the 
compliance dates specified in § 63.7995(e), paragraph (b)(2)(i) of this section no longer applies. Instead, opening of a safety device, as defined in § 63.8105, is considered a deviation, as defined in § 63.8105, unless it is a bypass of a control for a process vessel and accounted for as specified in § 63.8005(h). 
(c) * * * 
(3) If you use a halogen reduction 
device to reduce hydrogen halide and 
halogen HAP emissions that are generated by combusting halogenated vent streams, you must meet the requirements of § 63.994, except as specified in paragraph (f) of this section, and the requirements referenced therein. If you use a halogen reduction device before a combustion device, you must determine the halogen atom emission rate prior to the combustion device according to the procedures in § 63.115(d)(2)(v). 
(d) * * * 
(1) Requirements for performance 
tests. The requirements specified in 
paragraphs (d)(1)(i) through (vi) of this section apply instead of or in addition to the requirements for performance testing of control devices as specified in subpart SS of 40 CFR part 63. 
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(i) Conduct gas molecular weight 
analysis using Method 3, 3A, or 3B in 
appendix A to 40 CFR part 60. As an alternative to EPA Method 3B for the manual procedures only and not the instrumental procedures, you may use ANSI/ASME PTC 19–10–1981 Part 10(incorporated by reference, see § 63.14) as an acceptable alternative. 
* * * * * 
(iii) As an alternative to using Method 
18, Method 25/25A, or Method 26/26A 
of 40 CFR part 60, appendix A, to comply with any of the emission limits specified in Tables 1 through 6 to this subpart you may use the alternatives specified in paragraphs (d)(1)(iii)(A) or (B) of this section. 
(A) As an alternative to using Method 
18, Method 25/25A, or Method 26/26A of 40 CFR part 60, appendix A, you may use Method 320 of 40 CFR part 60, appendix A. When using Method 320, you must follow the analyte spiking procedures of section 13 of Method 320, unless you demonstrate that the complete spiking procedure has been conducted at a similar source. As an 
alternative to Method 320 of Appendix A to 40 CFR part 63, you may use ASTM Method D6348–12e1 (incorporated by reference, see § 63.14), with the caveats that the test plan preparation and implementation in the Annexes to ASTM Method D6348–12el, Sections Al through A8 are mandatory; and in ASTM Method D6348–12e1 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5). In order for the test data to be acceptable for a compound, %R must be 70% ≥ R 
≤130%. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte (i.e., the sampling and/ 
or analytical procedure should be adjusted before a 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 by using the following equation: 
Reported Results = (Measured 
Concentration in the Stack × 100)/% 
R. (B) As an alternative to using EPA 
Method 18, you may also use ASTM 
D6420–18 (incorporated by reference, see § 63.14), but only when the target compounds are all known and the target compounds are all listed in ASTM D6420–18 as measurable; ASTM D6420– 18 should not be used for methane and ethane; and ASTM D6420–18 may not 
be used as a total VOC method. 
* * * * * 
(vi) You must conduct periodic 
performance tests and establish the 
operating limits required by §§ 63.8005(e), 63.8010(b)(1), and 63,8050(d)(3) within 5 years following the previous performance test. You must conduct the initial or first periodic performance test before [date 3 years after date of publication of final rule in the Federal Register], unless you are 
already required to complete periodic performance tests as a requirement of renewing your facility’s operating permit under 40 CFR part 70, or 40 CFR part 71, and have conducted a performance test on or after [date 2 years before date of publication of final rule in the Federal Register]. Thereafter 
you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. 
(2) [Reserved] 
(3) Periodic verification. For a control 
device with total inlet HAP emissions 
less than 1 ton per year (tpy), you must establish at least one operating limit for a parameter that you will measure and record at least once per averaging period (i.e., daily or block) to verify that the 
control device is operating properly. You may elect to measure the same parameter that is required for control devices that control inlet HAP emissions equal to or greater than 1 tpy. If the parameter will not be measured continuously, you must request approval of your proposed procedure in the precompliance report. You must identify the operating limit or range and the measurement frequency, and you must provide rationale to support how these measurements demonstrate the control device is operating properly. 
(4) * * * 
(i) * * * (A) If you wish to use a CEMS other 
than a Fourier Transform Infrared 
Spectroscopy (FTIR) meeting the requirements of Performance Specification 15 or a hydrogen chloride (HCl) CEMS meeting the requirements of Performance Specification 18 and Quality Assurance Procedure 6 to measure hydrogen halide and halogen HAP before we promulgate a 
Performance Specification for such CEMS, you must prepare a monitoring plan and submit it for approval in accordance with the procedures specified in § 63.8. 
* * * * * 
(ii) * * * 
(C) For CEMS meeting Performance 
Specification 8 used to monitor performance of a noncombustion 
device, determine the predominant organic HAP using either process knowledge or the screening procedures of Method 18 on the control device inlet stream, calibrate the monitor on the predominant organic HAP, and report the results as C
1. Use Method 18, ASTM 
D6420–18, or any approved alternative as the reference method for the relative accuracy tests, and report the results as C
1. 
* * * * * 
(iv) The CEMS data must be reduced 
to operating day or operating block averages computed using valid data, except monitoring data also are sufficient to constitute a valid hour of data if measured values are available for at least two of the 15-minute periods during an hour when calibration, quality assurance, or maintenance activities are being performed. An operating block is a period of time from the beginning to end of batch operations in the manufacturing of a coating. Operating block averages may be used only for process vessel data. 
* * * * * 
(8) Beginning no later than the 
compliance dates specified in 
§ 63.7995(e), in lieu of the requirements specified in § 63.8(d)(3), you must keep the written quality control program procedures required by § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. The program of corrective action should be included in the plan required under § 63.8(d)(2). 
(e) General Duty. Beginning no later 
than [DATE 180 DAYS AFTER THE DATE THE FINAL RULE IS PUBLISHED IN THE Federal Register], at all times, 
you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance 
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requirements will be based on 
information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. 
(f) Beginning no later than the 
compliance dates specified in § 63.7995(e), the referenced provisions specified in paragraphs (f)(1) through (22) of this section do not apply when demonstrating compliance with this 
subpart through referenced provisions of subpart SS, subpart UU, and subpart TT of this part. 
(1) § 63.983(a)(5) of subpart SS. 
(2) The phrase ‘‘except during periods 
of start-up, shutdown and malfunction 
as specified in the referencing subpart’’ in § 63.984(a) of subpart SS. 
(3) The phrase ‘‘except during periods 
of start-up, shutdown and malfunction as specified in the referencing subpart’’ in § 63.985(a) of subpart SS. 
(4) The phrase ‘‘other than start-ups, 
shutdowns, or malfunctions’’ in § 63.994(c)(1)(ii)(D) of subpart SS. 
(5) § 63.996(c)(2)(ii) of subpart SS. 
(6) § 63.997(e)(1)(i) of subpart SS. (7) The term ‘‘breakdowns’’ from 
§§ 63.998(b)(2)(i) of subpart SS. 
(8) § 63.998(b)(2)(iii) of subpart SS. (9) The phrase ‘‘other than periods of 
startups, shutdowns, and malfunctions’’ 
from § 63.998(b)(5)(i)(A) of subpart SS. 
(10) The phrase ‘‘other than periods of 
startups, shutdowns, and malfunctions’’ from § 63.998(b)(5)(i)(C) of subpart SS. 
(11) The phrase ‘‘, except as provided 
in paragraphs (b)(6)(i)(A) and (B) of this section’’ from § 63.998(b)(6)(i) of subpart SS. 
(12) The second sentence of 
§ 63.998(b)(6)(ii) of subpart SS. 
(13) § 63.998(c)(1)(ii)(D), (E), (F), and 
(G) of subpart SS. 
(14) § 63.998(d)(1)(ii) of subpart SS. 
(15) § 63.998(d)(3)(i) and (ii) of 
subpart SS. 
(16) The phrase ‘‘may be included as 
part of the startup, shutdown, and 
malfunction plan, as required by the referencing subpart for the source, or’’ from § 63.1005(e)(4)(i) of subpart TT. 
(17) The phrase ‘‘(except periods of 
startup, shutdown, or malfunction)’’ from § 63.1007(e)(1)(ii)(A) of subpart TT. 
(18) The phrase ‘‘(except during 
periods of startup, shutdown, or malfunction)’’ from § 63.1009(e)(1)(i)(A) of subpart TT. 
(19) The phrase ‘‘(except during 
periods of startup, shutdown, or malfunction)’’ from § 63.1012(b)(1) of subpart TT. 
(20) The phrase ‘‘(except periods of 
startup, shutdown, or malfunction)’’ from § 63.1026(e)(1)(ii)(A) of subpart UU. 
(21) The phrase ‘‘(except periods of 
startup, shutdown, or malfunction)’’ from § 63.1028(e)(1)(i)(A) of subpart UU. 
(22) The phrase ‘‘(except periods of 
startup, shutdown, or malfunction)’’ from § 63.1031(b)(1) of subpart UU. 
■6. Section 63.8005 is amended by: 
■a. Revising paragraph (a)(2); 
■b. Revising paragraph (d)(1) and 
adding paragraph (d)(5); 
■c. Revising paragraph (e) introductory 
text and paragraph (e)(2); 
■d. Revising paragraph (g); and 
■e. Adding paragraph (h) 
The revisions and addition read as 
follows: 
§ 63.8005 What requirements apply to my 
process vessels? 
(a) * * * 
(2) For each control device used to 
comply with Table 1 to this subpart, you 
must comply with subpart SS of this part 63 as specified in § 63.8000(c), except as specified in § 63.8000(d) and (f), and paragraphs (b) through (g) of this section. 
* * * * * 
(d) * * * 
(1) To demonstrate initial compliance 
with a percent reduction emission limit 
in Table 1 to this subpart, you must conduct the performance test or design evaluation under conditions as specified in § 63.7(e)(1), except as specified in paragraph (d)(5) of this section, and except that the performance test or design evaluation must be conducted under worst-case conditions. Also, the performance test for a control device used to control emissions from process vessels must be conducted according to § 63.1257(b)(8), including the submittal of a site-specific test plan for approval prior to testing. The requirements in § 63.997(e)(1)(i) and (iii) also do not apply for performance tests conducted to determine compliance with the emission limits for process vessels. 
* * * * * 
(5) Beginning no later than the 
compliance dates specified in 
§ 63.7995(e), § 63.7(e)(1) no longer applies and performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator or an applicable subpart. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include 
in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. 
(e) Establishing operating limits. You 
must establish operating limits under the conditions required for your initial compliance demonstration and periodic performance tests, except you may elect to establish operating limit(s) for conditions other than those under which a performance test was conducted as specified in paragraph (e)(1) of this section and, if applicable, paragraph (e)(2) of this section. 
* * * * * 
(2) If you elect to establish separate 
operating limits for different emission 
episodes, you must maintain records as specified in § 63.8080(g) of each point at which you change from one operating limit to another, even if the duration of the monitoring for an operating limit is less than 15 minutes. 
* * * * * 
(g) Flow indicators. If flow to a 
control device could be intermittent, 
you must install, calibrate, and operate a flow indicator at the inlet or outlet of the control device to identify periods of 
no flow. Periods of no flow may not be used in daily or block averages. 
(h) On and after the compliance date 
specified in § 63.7995(e), when determining compliance with the percent emission reduction requirements in Table 1 to this subpart, you must account for the time that the control device was bypassed. You must use Equation 1 of this section to determine the allowable total hours of bypass for each semi-annual compliance period. To demonstrate compliance, the actual total hours of bypass must not exceed the allowable total hours of bypass calculated by Equation 1 of this section. 
Tbyp= Total allowable source operating time 
(hours) when the control device for 
stationary process vessels can be bypassed during the semiannual compliance period for any reason. 
R = Control efficiency of control device, 
percent, as determined by Equation 6 in § 63.997(e)(2)(iv)(C). 
OCE = The applicable percent emission 
reduction requirement in Table 1 to this subpart. 
T
op= Total source operating time (hours) for 
stationary process vessels during the semiannual compliance period. 
■7. Section 63.8010 is amended by 
revising paragraph (a) to read as follows: 
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§ 63.8010 What requirements apply to my 
storage tanks? 
(a) You must meet each emission limit 
in Table 2 to this subpart that applies to 
your storage tanks, and you must meet each applicable requirement specified in § 63.8000(b). For each control device used to comply with Table 2 to this subpart, you must comply with subpart SS of this part 63 as specified in § 63.8000(c), except as specified in § 63.8000(d) and (f), and paragraphs (b) through (d) of this section. 
* * * * * 
■8. Section 63.8025 is amended by 
revising paragraph (a) to read as follows: 
§ 63.8025 What requirements apply to my 
transfer operations? 
(a) You must comply with each 
emission limit and work practice 
standard in Table 5 to this subpart that applies to your transfer operations, and you must meet all applicable requirements specified in § 63.8000(b). For each control device used to comply with Table 5 to this subpart, you must comply with subpart SS of this part 63 as specified in § 63.8000(c), except as specified in § 63.8000(d) and (f), and paragraph (b) of this section. 
* * * * * 
■9. Section 63.8050 is amended by 
adding paragraphs (c)(3)(i) through 
(c)(3)(iii) to read as follows: 
§ 63.8050 How do I comply with emissions 
averaging for stationary process vessels at existing sources? 
* * * * * 
(c) * * * 
(3) * * * (i) If emissions are routed through a 
closed-vent system to a condenser 
control device, determine controlled emissions using the procedures specified in § 63.1257(d)(3). 
(ii) If emissions are routed through a 
closed-vent system to any control device other than a condenser, determine actual emissions after determining the efficiency of the control device using the procedures in subpart SS of this part 63 as specified in § 63.8000(c). 
(iii) If the vessel is vented to the 
atmosphere, then actual emissions are equal to the uncontrolled emissions estimated in accordance with paragraph (c)(1) of this section. 
* * * * * 
■10. Section 63.8055 is amended by 
revising paragraphs (b)(1), (2), and (4) to 
read as follows: 
§ 63.8055 How do I comply with a weight 
percent HAP limit in coating products? 
* * * * * 
(b) * * * 
(1) Method 311 (appendix A to 40 
CFR part 63). As an alternative to Method 311, you may use California Air 
Resources Board Method 310, Determination of Volatile Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products for use with aerosol cans. 
(2) Method 24 (appendix A to 40 CFR 
part 60). You may use Method 24 to determine the mass fraction of volatile matter and use that value as a substitute for the mass fraction of HAP, or one of the alternatives in paragraph (b)(1)(i) through (iii) of this section. 
(i) ASTM D2369–10(2015)e, 
(incorporated by reference, see § 63.14); 
(ii) ASTM D2697–03 (2014) 
(incorporated by reference, see § 63.14); or 
(iii) ASTM D3960–98 (incorporated 
by reference, see § 63.14). 
* * * * * 
(4) You may rely on formulation data 
from raw material suppliers if it 
represents each organic HAP that is present at 0.1 percent by mass or more for the HAP listed in Table 11 to this subpart, and at 1.0 percent by mass or more for other compounds. If the HAP weight percent estimated based on formulation data conflicts with the results of a test conducted according to paragraphs (b)(1) through (3) of this section, then there is a rebuttal presumption that the test results are accurate unless, after consultation, you demonstrate to the satisfaction of the permitting authority that the test results are not accurate and that the formulation data are more appropriate. 
■11. Section 63.8070 is amended by 
revising paragraph (c) to read as follows: 
§ 63.8070 What notifications must I submit 
and when? 
* * * * * 
(c) Notification of performance test. If 
you are required to conduct a 
performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7(b)(1). For any performance test required as part of the compliance procedures for process vessels in Table 1 to this subpart, you must also submit the test plan required by § 63.7(c) and the emission profile with the notification of the performance test. 
■12. Section 63.8075 is amended by: 
■a. Revising paragraph (c)(1); 
■b. Revising paragraph (d) introductory 
text and paragraphs (d)(1) and (d)(2)(ii); 
■c. Revising paragraph (e)(5) 
introductory text and paragraph (e)(6)(ii)(B); 
■d. Adding paragraph (e)(6)(ii)(D); ■e. Revising paragraph (e)(6)(iii) 
introductory text and paragraphs (e)(6)(iii)(C) and (e)(6)(iii)(E); 
■f. Adding paragraph (e)(6)(iii)(L); 
■g. Removing and reserving paragraph 
(e)(8)(ii)(B); and 
■h. Adding paragraphs (f) through (k). 
The revisions and additions read as 
follows: 
§ 63.8075 What reports must I submit and 
when? 
* * * * * 
(c) * * * 
(1) Requests for approval to set 
operating limits for parameters other 
than those specified in §§ 63.8005 through 63.8030, including parameters for enhanced biological treatment units. Alternatively, you may make these requests according to § 63.8(f). 
* * * * * 
(d) Notification of compliance status 
report. You must submit a notification 
of compliance status report according to the schedule in paragraph (d)(1) of this section, and the notification of compliance status report must include the information specified in paragraph (d)(2) of this section. 
(1) You must submit the notification 
of compliance status report no later than 150 days after the applicable compliance date specified in § 63.7995. You must submit a separate notification of compliance status report after the applicable compliance date specified in § 63.7995(e). 
(2) * * * 
(ii) The results of performance tests, 
engineering analyses, design 
evaluations, flare compliance assessments, inspections and repairs, and calculations used to demonstrate compliance according to §§ 63.8005 through 63.8030 and 63.8055. For performance tests, results must include descriptions of sampling and analysis procedures and quality assurance procedures. 
* * * * * 
(e) * * * 
(5) For each SSM during which excess 
emissions occur, the compliance report must include the information specified in paragraphs (e)(5)(i) and (ii) of this section. On and after the compliance date specified in § 63.7995(e), these paragraphs (e)(5), (e)(5)(i), and (e)(5)(ii) of this section no longer apply. 
* * * * * 
(6) * * * 
(ii) * * * (B) Before the compliance date 
specified in § 63.7995(e), information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the 
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corrective action taken. On and after the 
compliance date specified in § 63.7995(e), report the number of failures to meet an applicable standard. For each instance, report the date, time and duration of each failure. For each failure the report must include a list of the affected sources or equipment, an estimate of the quantity of each 
regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and the cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. 
* * * * * 
(D) On and after the compliance date 
specified in § 63.7995(e), report the total 
bypass hours, as monitored according to the provisions of § 63.8080(h). 
(iii) For each deviation from an 
emission limit or operating limit occurring at an affected source where you are using a CMS to comply with the emission limit in this subpart, you must include the information in paragraphs (e)(6)(iii)(A) through (L) of this section. This includes periods of SSM. 
* * * * * 
(C) Before the compliance date 
specified in § 63.7995(e), the date and 
time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. On and after the compliance date specified in § 63.7995(e), report the number of failures to meet an applicable standard. For each instance, report the date, time and duration of each failure. For each failure the report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and the cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. 
* * * * * 
(E) Before the compliance date 
specified in § 63.7995(e), a breakdown 
of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after the compliance date specified in § 63.7995(e), a breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. 
* * * * * 
(L) A summary of the total duration of 
CMS data unavailability during the 
reporting period, and the total duration as a percent of the total source operating time during that reporting period. 
* * * * * 
(f) Performance test report. On and 
after [DATE 181 DAYS AFTER DATE 
OF PUBLICATION OF FINAL RULE IN THE Federal Register], within 60 days 
after the date of completing each performance test required by §§ 63.8000, 63.8005, or 63.8010 of this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (f)(1) through (3) of this section. The requirements of this paragraph (f) do not affect the schedule for completing performance tests specified in §§ 63.8000, 63.8005, and 63.8010. 
(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. 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/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA’s ERT website. 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/). The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you 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. 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. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information 
(CBI). If you claim that some of the 
performance test information being 
submitted under paragraph (f) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA’s ERT or an alternate electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, 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 paragraph (f) of this section. 
(g) Performance evaluation report. On 
and after [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], within 
60 days after the date of completing each continuous monitoring system (CMS) performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (g)(1) through (3) of this section. 
(1) Performance evaluations of CMS 
measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. Submit the results of the 
performance evaluation to the EPA via CEDRI, which can be accessed through the EPA’s CDX. The data must be submitted in a file format generated through the use of the EPA’s ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA’s ERT website. 
(2) Performance evaluations of CMS 
measuring RATA pollutants that are not 
supported by the EPA’s ERT as listed on the EPA’s ERT website at the time of the evaluation. The results of the 
performance evaluation 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. Submit the ERT generated package or alternative file to the EPA via CEDRI. 
(3) Confidential business information 
(CBI). If you claim some of the 
information submitted under paragraph (a) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through 
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the use of the EPA’s ERT or an alternate 
electronic file consistent with the XML schema listed on the EPA’s ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/ OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, 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 paragraph (a) of this section. 
(h) You must submit to the 
Administrator initial compliance reports, notification of compliance status reports, and compliance reports of the following information. Beginning on and after [DATE 181 DAYS AFTER DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], submit 
all subsequent reports following the procedure specified in paragraph (i) of this section. 
(i) If you are required to submit 
reports following the procedure specified in this paragraph, you must submit reports to the EPA via CEDRI, which can be accessed through the EPA’s Central Data Exchange (CDX) (https://cdx.epa.gov). 
(1) Compliance reports. The 
requirements of this paragraph (i) do not affect the schedule for submitting the 
initial notification or the notification of compliance status reports. You must use the appropriate electronic compliance report template on the CEDRI website (https://www.epa.gov/electronic- reporting-air-emissions/compliance- and-emissions-data-reporting-interface- cedri) for this subpart. The date report templates become available will be listed on the CEDRI website. 
(2) Initial notification reports and 
notification of compliance status reports. 
You must upload to CEDRI a PDF file 
of each initial notification and of each notification of compliance status. 
(3) All reports. The report must be 
submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. If you claim some of the information required to be submitted via CEDRI is confidential business information (CBI), submit a complete report, including information claimed to be CBI, to the EPA. The report must be generated using the appropriate form on the CEDRI website, where applicable. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/ CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404–02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted shall be submitted to the EPA via the EPA’s CDX as described earlier in this paragraph. 
(j) Extensions for CDX/CEDRI Outages 
and Force Majeure Events. If you are required to electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (j)(1) through (7) of this section. 
(1) 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. 
(2) The outage must have occurred 
within the period of time beginning five business days prior to the date that the submission is due. 
(3) The outage may be planned or 
unplanned/ 
(4) 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 caused a delay in reporting. 
(5) You must provide to the 
Administrator a written description identifying: 
(i) The date(s) and time(s) when CDX 
or CEDRI was accessed and the system was unavailable; 
(ii) A rationale for attributing the 
delay in reporting beyond the regulatory deadline to EPA system outage; 
(iii) Measures taken or to be taken to 
minimize the delay in reporting; and 
(iv) 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. 
(6) 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. 
(7) In any circumstance, the report 
must be submitted electronically as soon as possible after the outage is resolved. 
(k) If you are required to 
electronically submit a report through CEDRI in the EPA’s CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(1) through (5) of this section. (1) 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 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). 
(2) 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. 
(3) You must provide to the 
Administrator: 
(i) A written description of the force 
majeure event; 
(ii) A rationale for attributing the 
delay in reporting beyond the regulatory deadline to the force majeure event; 
(iii) Measures taken or to be taken to 
minimize the delay in reporting; and 
(iv) 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. 
(4) 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. 
(5) In any circumstance, the reporting 
must occur as soon as possible after the force majeure event occurs. 
■13. Section 63.8080 is amended by: 
■a. Revising the introductory 
paragraph; 
■b. Revising paragraphs (c), (e), and (f); 
and 
■c. Adding paragraphs (h) through (j). 
The revisions and additions read as 
follows: 
§ 63.8080 What records must I keep? 
You must keep the records specified 
in paragraphs (a) through (h) of this section. 
* * * * * 
(c) Before the compliance date 
specified in § 63.7995(e), a record of 
each time a safety device is opened to avoid unsafe conditions in accordance with § 63.8000(b)(2). On and after the compliance date specified in 
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§ 63.7995(e), the information in this 
paragraph (c). 
(1) The source, nature, and cause of 
the opening. 
(2) The date, time, and duration of the 
opening. 
(3) An estimate of the quantity of total 
HAP emitted during the opening and the method used for determining this quantity. 
* * * * * 
(e) Before the compliance date 
specified in § 63.7995(e), for each 
CEMS, you must keep the records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. On and after the compliance date specified in § 63.7995(e), for each CEMS, you must keep the records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. 
(f) Before the compliance date 
specified in § 63.7995(e), in the SSMP required by § 63.6(e)(3), you are not required to include Group 2 or non- affected emission points. For equipment leaks only, the SSMP requirement is limited to control devices and is optional for other equipment. On and after the compliance date specified in § 63.7995(e), the requirements of this paragraph (f) no longer apply. 
* * * * * 
(h) On and after the compliance date 
specified in § 63.7995(e), records of the 
total source operating time (hours) for stationary process vessels during the semiannual compliance period, and the source operating time (hours) when the control device for stationary process vessels was bypassed during the semiannual compliance period for any reason, as used in determining compliance with the percent emission reduction requirements in Table 1 to this subpart, as specified in § 63.8005(h). 
(i) On and after the compliance date 
specified in § 63.7995(e), for each deviation from an emission limitation reported under § 63.8075(e)(5), a record 
of the information specified in paragraphs (i)(1) and (2) of this section, as applicable. 
(1) In the event that an affected unit 
fails to meet an applicable standard, record the number of failures. For each failure record the date, time and duration of each failure. (2) For each failure to meet an 
applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. 
(j) 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. 
■14. Section 63.8090 is amended by 
revising paragraph (b) to read as follows: 
§ 63.8090 What compliance options do I 
have if part of my plant is subject to both this subpart and another subpart? 
* * * * * 
(b) Compliance with 40 CFR part 60, 
subpart Kb. After the compliance dates 
specified in § 63.7995, you are in compliance with this subpart for any storage tank that is assigned to miscellaneous coating manufacturing operations and that is both controlled with a floating roof and in compliance with the provisions of 40 CFR part 60, subpart Kb. You are in compliance with this subpart if you have a storage tank with a fixed roof, closed-vent system, and control device in compliance with 40 CFR part 60, subpart Kb, and you are in compliance with the monitoring, recordkeeping, and reporting requirements in this subpart. You must also identify in your notification of compliance status report required by § 63.8075(d) which storage tanks are in compliance with 40 CFR part 60, subpart Kb. 
* * * * * 
■15. Section 63.8105 is amended by: 
■a. In paragraph (g), revising the 
definitions for ‘‘Deviation’’ and ‘‘Process 
vessel vent’’; and 
■b. In paragraph (g), removing the 
definition for ‘‘Small control device’’. 
The revisions read as follows: 
§ 63.8105 What definitions apply to this 
subpart? 
* * * * * 
(g) * * * 
Deviation means any instance in 
which an affected source subject to this 
subpart, or an owner or operator of such a source: (1) Fails to meet any requirement or 
obligation established by this subpart 
including, but not limited to, any emission limit, operating limit, or work practice standard; 
(2) Fails to meet any term or condition 
that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or 
(3) Before the compliance date 
specified in § 63.7995(e), fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or 
not such failure is permitted by this subpart. On and after the compliance date specified in § 63.7995(e), this paragraph (3) no longer applies. 
* * * * * 
Process vessel vent means a vent from 
a process vessel or vents from multiple 
process vessels that are manifolded together into a common header, through which a HAP-containing gas stream is, or has the potential to be, released to the atmosphere. Emission streams that are undiluted and uncontrolled containing less than 50 ppmv HAP, as determined through process knowledge that no HAP are present in the emission stream or using an engineering assessment as discussed in § 63.1257(d)(2)(ii), test data using Method 18 of 40 CFR part 60, appendix A, or any other test method that has been validated according to the procedures in Method 301 of appendix A of this part, are not considered process vessel vents. Flexible elephant trunk systems when used with closed vent systems and drawing ambient air (i.e., the system is not ducted, piped, or 
otherwise connected to the unit operations) away from operators when vessels are opened are not process vessel vents. Process vessel vents do not include vents on storage tanks, wastewater emission sources, or pieces of equipment subject to the requirements in Table 3 of this subpart. A gas stream going to a fuel gas system is not a process vessel vent. A gas stream routed to a process for a process purpose is not a § 63.8075 vent. 
* * * * * 
■16. Table 1 to Subpart HHHHH of Part 
63 is amended by revising row 4 to read 
as follows: 
* * * * * 
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TABLE 1 TOSUBPART HHHHH OFPART63—E MISSION LIMITS AND WORKPRACTICE STANDARDS FOR PROCESS VESSELS  
*******  
For each . . . You must . . . And you must . . . 
*******  
4. Halogenated vent stream from a process vessel 
subject to the requirements of item 2 or 3 of this 
table for which you use a combustion control de-vice to control organic HAP emissions.a. Use a halogen reduction device 
after the combustion control de-vice; or 
b. Use a halogen reduction device 
before the combustion control device.i. Reduce overall emissions of hydrogen halide and 
halogen HAP by ≥95 percent; or 
ii. Reduce overall emissions of hydrogen halide and 
halogen HAP to ≤0.45 kilogram per hour (kg/hr). 
Reduce the halogen atom mass emission rate to 
≤0.45 kg/hr. 
■17. Table 3 to Subpart HHHHH of Part 
63 is revised to read as follows: 
As required in § 63.8015, you must 
meet each requirement in the following 
table that applies to your equipment leaks. 
TABLE 3 TOSUBPART HHHHH OF 
PART 63—R EQUIREMENTS FOR  
EQUIPMENT LEAKS  
For all . . . You must . . . 
1. Equipment 
that is in or-
ganic HAP service at an existing source.a. Comply with the require-
ments in §§ 63.424(a) through (d) and 63.428(e), (f), and (h)(4), except as specified in § 63.8015(b); or 
b. Comply with the require-
ments of subpart TT of this part, except as speci-fied in § 63.8000(f); or 
c. Comply with the require-
ments of subpart UU of this part, except as speci-fied in §§ 63.8000(f) and 63.8015(c) and (d). TABLE 3 TOSUBPART HHHHH OF 
PART 63—R EQUIREMENTS FOR  
EQUIPMENT LEAKS —Continued 
For all . . . You must . . . 
2. Equipment 
that is in or-ganic HAP service at a new source.a. Comply with the require-
ments of subpart TT of this part, except as speci-fied in § 63.8000(f); or 
b. Comply with the require-
ments of subpart UU of this part, except as speci-fied in §§ 63.8000(f) and 63.8015(c) and (d). 
■18. The title of Table 8 to Subpart 
HHHHH of Part 63 is amended to read 
as follows: 
Table 8 to Subpart HHHHH of Part 63— 
Soluble Hazardous Air Pollutants 
As specified in § 63.8020, the soluble 
HAP in wastewater that are subject to management and treatment requirements of this subpart are listed in the following table: 
* * * * * 
■19. Table 9 to Subpart HHHHH of Part 
63 is amended by adding rows 4 and 5 
to read as follows: 
As required in § 63.8075(a) and (b), 
you must submit each report that applies to you on the schedule shown in the following table: 
TABLE 9 TOSUBPART HHHHH OFPART63—R EQUIREMENTS FOR REPORTS  
You must submit a . . . The report must contain . . . You must submit the report . . . 
*******  
4. Performance test report ............. The information specified in 
§ 63.8075(f).Within 60 days after completing each performance test according to 
the requirements in § 63.8075(f). 
5. Performance evaluation report .. The information specified in 
§ 63.8075(g).Within 60 days after completing each continuous monitoring system 
(CMS) performance evaluation according to the requirements in 
§ 63.8075(g). 
■20. Table 10 to Subpart HHHHH of Pat 
63 is revised to read as follows: As specified in § 63.8095, the parts of 
the General Provisions that apply to you 
are shown in the following table: 
TABLE 10 TOSUBPART HHHHH OFPART63—A PPLICABILITY OF GENERAL PROVISIONS TO SUBPART HHHHH 
Citation Subject Explanation 
§ 63.1 ......................................... Applicability ...................................................... Yes. 
§ 63.2 ......................................... Definitions ......................................................... Yes. 
§ 63.3 ......................................... Units and Abbreviations ................................... Yes. 
§ 63.4 ......................................... Prohibited Activities .......................................... Yes. 
§ 63.5 ......................................... Construction/Reconstruction ............................ Yes. 
§ 63.6(a) .................................... Applicability ...................................................... Yes. 
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TABLE 10 TOSUBPART HHHHH OFPART63—A PPLICABILITY OF GENERAL PROVISIONS TO SUBPART HHHHH— 
Continued 
Citation Subject Explanation 
§ 63.6(b)(1)–(4) ......................... Compliance Dates for New and Reconstructed 
sources.Yes. 
§ 63.6(b)(5) ................................ Notification ........................................................ Yes. 
§ 63.6(b)(6) ................................ [Reserved] ........................................................
§ 63.6(b)(7) ................................ Compliance Dates for New and Reconstructed 
Area Sources That Become Major.Yes. 
§ 63.6(c)(1)–(2) .......................... Compliance Dates for Existing Sources .......... Yes. 
§ 63.6(c)(3)–(4) .......................... [Reserved] ........................................................
§ 63.6(c)(5) ................................ Compliance Dates for Existing Area Sources 
That Become Major.Yes. 
§ 63.6(d) .................................... [Reserved] ........................................................
§ 63.6(e)(1)(i) ............................. General Duty to minimize emissions ............... Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in 
§ 63.7995(e). See 63.8000(a) for general duty requirement. 
§ 63.6(e)(1)(ii) ............................ Requirement to correct malfunctions as soon 
as possible.Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.6(e)(1)(iii)–(2) ..................... Operation & Maintenance ................................ Yes. 
§ 63.6(e)(3) ................................ Startup, shutdown, and malfunction plan ........ Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.6(f)(1) ................................. Compliance Except During SSM ..................... Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.6(f)(2)–(3) .......................... Methods for Determining Compliance ............. Yes. 
§ 63.6(g)(1)–(3) ......................... Alternative Standard ......................................... Yes. 
§ 63.6(h)(1) ................................ SSM Exemption ............................................... Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.6(h)(2)–(9) ......................... Opacity/Visible Emission (VE) Standards ........ Only for flares for which Method 22 observations are required 
as part of a flare compliance assessment. 
§ 63.6(i)(1)–(14) ......................... Compliance Extension ..................................... Yes. 
§ 63.6(j) ..................................... Presidential Compliance Exemption ................ Yes. 
§ 63.7(a)(1)–(2) ......................... Performance Test Dates .................................. Yes, except substitute 150 days for 180 days. 
§ 63.7(a)(3)–(4) ......................... CAA Section 114 Authority, Force Majeure ..... Yes, and these paragraphs also apply to flare compliance as-
sessments as specified under § 63.997(b)(2). 
§ 63.7(b)(1) ................................ Notification of Performance Test ..................... Yes. 
§ 63.7(b)(2) ................................ Notification of Rescheduling ............................ Yes. 
§ 63.7(c) .................................... Quality Assurance/Test Plan ............................ Yes, except the test plan must be submitted with the notifica-
tion of the performance test if the control device controls process vessels. 
§ 63.7(d) .................................... Testing Facilities .............................................. Yes. 
§ 63.7(e)(1) ................................ Conditions for Conducting Performance Tests Yes, before the compliance date specified in § 63.7995(e), 
except that performance tests for process vessels must be conducted under worst-case conditions as specified in § 63.8005. No, on and after the compliance date specified in § 63.7995(e). See § 63.8005(d). 
§ 63.7(e)(2) ................................ Conditions for Conducting Performance Tests Yes. 
§ 63.7(e)(3) ................................ Test Run Duration ............................................ Yes. 
§ 63.7(f) ..................................... Alternative Test Method ................................... Yes. 
§ 63.7(g) .................................... Performance Test Data Analysis ..................... Yes. 
§ 63.7(h) .................................... Waiver of Tests ................................................ Yes. 
§ 63.8(a)(1) ................................ Applicability of Monitoring Requirements ......... Yes. 
§ 63.8(a)(2) ................................ Performance Specifications ............................. Yes. 
§ 63.8(a)(3) ................................ [Reserved] ........................................................
§ 63.8(a)(4) ................................ Monitoring with Flares ...................................... Yes. 
§ 63.8(b)(1) ................................ Monitoring ......................................................... Yes. 
§ 63.8(b)(2)–(3) ......................... Multiple Effluents and Multiple Monitoring Sys-
tems.Yes. 
§ 63.8(c)(1) ................................ Monitoring System Operation and Mainte-
nance.Yes. 
§ 63.8(c)(1)(i) ............................. Maintain and operate CMS .............................. Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). See § 63.8000(a) for the general duty to maintain and operate each CMS. 
§ 63.8(c)(1)(ii) ............................ Routine repairs ................................................. Yes. 
§ 63.8(c)(1)(iii) ........................... Requirement to develop SSM plan for CMS ... Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.8(c)(2)–(3) .......................... Monitoring System Installation ......................... Yes. 
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TABLE 10 TOSUBPART HHHHH OFPART63—A PPLICABILITY OF GENERAL PROVISIONS TO SUBPART HHHHH— 
Continued 
Citation Subject Explanation 
§ 63.8(c)(4) ................................ Requirements ................................................... Only for CEMS; requirements for CPMS are specified in ref-
erenced subpart SS of this part. This subpart does not con-
tain requirements for continuous opacity monitoring sys-tems (COMS). 
§ 63.8(c)(4)(i) ............................. CMS Requirements .......................................... No. This subpart does not require COMS. 
§ 63.8(c)(4)(ii) ............................ CMS requirements ........................................... Yes. 
§ 63.8(c)(5) ................................ COMS Minimum Procedures ........................... No. This subpart does not contain opacity or VE limits. 
§ 63.8(c)(6) ................................ CMS Requirements .......................................... Only for CEMS; requirements for CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.8(c)(7)–(8) .......................... CMS Requirements .......................................... Only for CEMS. Requirements for CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.8(d)(1)–(2) ......................... CMS Quality Control ........................................ Only for CEMS; requirements for CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.8(d)(3) ................................ Written procedures for CMS ............................ Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). See § 63.8000(d)(8). 
§ 63.8(e) .................................... CMS Performance Evaluation .......................... Section 63.8(e)(6)(ii) does not apply because this subpart 
does not require COMS. Other sections apply only for CEMS; requirements for CPMS are specified in referenced subpart SS of this part. 
§ 63.8(f)(1)–(5) .......................... Alternative Monitoring Method ......................... Yes, except you may also request approval using the 
precompliance report. 
§ 63.8(f)(6) ................................. Alternative to Relative Accuracy Test .............. Only for CEMS. 
§ 63.8(g)(1)–(4) ......................... Data Reduction ................................................ Only when using CEMS, except § 63.8(g)(2) does not apply 
because data reduction requirements for CEMS are speci-fied in § 63.8000(d)(4)(iv). The requirements for COMS do not apply because this subpart has no opacity or VE limits. 
§ 63.8(g)(5) ................................ Data Reduction ................................................ No. Requirements for CEMS are specified in § 63.8000(d)(4). 
Requirements for CPMS are specified in referenced sub-part SS of this part. 
§ 63.9(a) .................................... Notification Requirements ................................ Yes. 
§ 63.9(b)(1)–(5) ......................... Initial Notifications ............................................ Yes. 
§ 63.9(c) .................................... Request for Compliance Extension ................. Yes. 
§ 63.9(d) .................................... Notification of Special Compliance Require-
ments for New Source.Yes. 
§ 63.9(e) .................................... Notification of Performance Test ..................... Yes. 
§ 63.9(f) ..................................... Notification of VE/Opacity Test ........................ No. This subpart does not contain opacity or VE limits. 
§ 63.9(g) .................................... Additional Notifications When Using CMS ....... Only for CEMS; requirements for CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.9(h)(1)–(6) ......................... Notification of Compliance Status .................... Yes, except this subpart has no opacity or VE limits, and 
§ 63.9(h)(2) does not apply because § 63.8075(d) specifies the required contents and due date of the notification of compliance status report. 
§ 63.9(i) ..................................... Adjustment of Submittal Deadlines .................. Yes. 
§ 63.9(j) ..................................... Change in Previous Information ...................... No, § 63.8075(e)(8) specifies r eporting requirements for proc-
ess changes. 
§ 63.10(a) .................................. Recordkeeping/Reporting ................................. Yes. 
§ 63.10(b)(1) .............................. Recordkeeping/Reporting ................................. Yes. 
§ 63.10(b)(2)(i)–(ii) ..................... Records related to SSM ................................... No. Before the compliance date specified in § 63.7995(e), see 
§§ 63.998(d)(3) and 63.998(c)(1)(ii)(D) through (G) for rec-ordkeeping requirements for periods of SSM. On and after the compliance date specified in § 63.7995(e), see § 63.8080(i). 
§ 63.10(b)(2)(iii) ......................... Records related to maintenance of air pollu-
tion control equipment.Yes. 
§ 63.10(b)(2)(iv)–(v) ................... Records related to SSM ................................... Yes, before the compliance date specified in § 63.7995(e). 
No, on and after the compliance date specified in § 63.7995(e). 
§ 63.10(b)(2)(vi), (x), and (xi) .... CMS Records ................................................... Only for CEMS; requirements fo r CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.10(b)(2)(vii)–(ix) ................. Records ............................................................ Yes. 
§ 63.10(b)(2)(xii) ........................ Records ............................................................ Yes. 
§ 63.10(b)(2)(xiii) ....................... Records ............................................................ Yes. 
§ 63.10(b)(2)(xiv) ....................... Records ............................................................ Yes. 
§ 63.10(b)(3) .............................. Records ............................................................ Yes. 
§ 63.10(c)(1)–(6),(9)–(14) .......... Records ............................................................ Only for CEMS; requirements for CPMS are specified in ref-
erenced subpart SS of this part. 
§ 63.10(c)(7)–(8), (15) ............... Records ............................................................ No. Recordkeeping requirements are specified in § 63.8080. 
§ 63.10(d)(1) .............................. General Reporting Requirements .................... Yes. 
§ 63.10(d)(2) .............................. Report of Performance Test Results ............... Yes. 
§ 63.10(d)(3) .............................. Reporting Opacity or VE Observations ............ No. This subpart does not contain opacity or VE limits. 
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TABLE 10 TOSUBPART HHHHH OFPART63—A PPLICABILITY OF GENERAL PROVISIONS TO SUBPART HHHHH— 
Continued 
Citation Subject Explanation 
§ 63.10(d)(4) .............................. Progress Reports ............................................. Yes. 
§ 63.10(d)(5)(i) ........................... SSM Reports .................................................... No. Before the compliance date specified in § 63.7995(e), see 
§ 63.8075(e)(5) and (6) for the SSM reporting requirements. 
On and after the compliance date specified in § 63.7995(e), these requirements no longer apply. 
§ 63.10(d)(5)(ii) .......................... Immediate SSM Reports .................................. No. 
§ 63.10(e)(1)–(2) ....................... Additional CMS Reports ................................... Only for CEMS, but § 63.10(e)(2)(ii) does not apply because 
this subpart does not require COMS. 
§ 63.10(e)(3) .............................. Reports ............................................................. No. Reporting requirements are specified in § 63.8075. 
§ 63.10(e)(3)(i)–(iii) .................... Reports ............................................................. No. Reporting requirements are specified in § 63.8075. 
§ 63.10(e)(3)(iv)–(v) ................... Excess Emissions Reports .............................. No. Reporting requirements are specified in § 63.8075. 
§ 63.10(e)(3)(vi–viii) ................... Excess Emissions Report and Summary Re-
port.No. Reporting requirements are specified in § 63.8075. 
§ 63.10(e)(4) .............................. Reporting COMS data ...................................... No. This subpart does not contain opacity or VE limits. 
§ 63.10(f) ................................... Waiver for Recordkeeping/Reporting ............... Yes. 
§ 63.11 ....................................... Control and work practice requirements .......... Yes. 
§ 63.12 ....................................... Delegation ........................................................ Yes. 
§ 63.13 ....................................... Addresses ........................................................ Yes. 
§ 63.14 ....................................... Incorporation by Reference .............................. Yes. 
§ 63.15 ....................................... Availability of Information ................................. Yes. 
■21. Table 11 to Subpart HHHHH of 
Part 63 is added to read as follows: 
TABLE 11 TOSUBPART HHHHH OFPART63—L IST OF HAZARDOUS AIRPOLLUTANTS THATMUSTBECOUNTED TOWARD  
TOTAL ORGANIC HAP C ONTENT IF PRESENT AT 0.1 P ERCENT OR MORE BY MASS 
Chemical name CAS No. 
1,1,2,2-Tetrachloroethane .............................................................................................................................................................. 79–34–5 
1,1,2-Trichloroethane ..................................................................................................................................................................... 79–00–5 
1,1-Dimethylhydrazine ................................................................................................................................................................... 57–14–7 
1,2-Dibromo-3-chloropropane ........................................................................................................................................................ 96–12–8 
1,2-Diphenylhydrazine ................................................................................................................................................................... 122–66–7 
1,3-Butadiene ................................................................................................................................................................................. 106–99–0 
1,3-Dichloropropene ...................................................................................................................................................................... 542–75–6 
1,4-Dioxane .................................................................................................................................................................................... 123–91–1 
2,4,6-Trichlorophenol ..................................................................................................................................................................... 88–06–2 
2,4/2,6-Dinitrotoluene (mixture) ............................................................................................... ...................................................... 25321–14–6 
2,4-Dinitrotoluene ........................................................................................................................................................................... 121–14–2 
2,4-Toluene diamine ............................................................................................................ .......................................................... 95–80–7 
2-Nitropropane ............................................................................................................................................................................... 79–46–9 
3,3′-Dichlorobenzidine ................................................................................................................................................................... 91–94–1 
3,3′-Dimethoxybenzidine ............................................................................................................................................................... 119–90–4 
3,37′-Dimethylbenzidine ................................................................................................................................................................ 119–93–7 
4,4′-Methylene bis(2-chloroaniline) ................................................................................................ ................................................ 101–14–4 
Acetaldehyde ................................................................................................................................................................................. 75–07–0 
Acrylamide ..................................................................................................................................................................................... 79–06–1 
Acrylonitrile .................................................................................................................................................................................... 107–13–1 
Allyl chloride ................................................................................................................. .................................................................. 107–05–1 
alpha-Hexachlorocyclohexane (a-HCH) ............................................................................................ ............................................ 319–84–6 
Aniline ............................................................................................................................................................................................ 62–53–3 
Benzene ......................................................................................................................................................................................... 71–43–2 
Benzidine ....................................................................................................................................................................................... 92–87–5 
Benzotrichloride ............................................................................................................................................................................. 98–07–7 
Benzyl chloride ................................................................................................................ .............................................................. 100–44–7 
beta-Hexachlorocyclohexane (b-HCH) ............................................................................................. ............................................. 319–85–7 
Bis(2-ethylhexyl)phthalate .............................................................................................................................................................. 117–81–7 
Bis(chloromethyl)ether ................................................................................................................................................................... 542–88–1 
Bromoform ..................................................................................................................................................................................... 75–25–2 
Captan ........................................................................................................................................................................................... 133–06–2 
Carbon tetrachloride ........................................................................................................... ........................................................... 56–23–5 
Chlordane ...................................................................................................................................................................................... 57–74–9 
Chlorobenzilate .............................................................................................................................................................................. 510–15–6 
Chloroform ..................................................................................................................................................................................... 67–66–3 
Chloroprene ................................................................................................................................................................................... 126–99–8 
Cresols (mixed) ................................................................................................................ .............................................................. 1319–77–3 
DDE ............................................................................................................................................................................................... 3547–04–4 
Dichloroethyl ether ............................................................................................................ ............................................................. 111–44–4 
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TABLE 11 TOSUBPART HHHHH OFPART63—L IST OF HAZARDOUS AIRPOLLUTANTS THATMUSTBECOUNTED TOWARD  
TOTAL ORGANIC HAP C ONTENT IF PRESENT AT 0.1 P ERCENT OR MORE BY MASS—Continued 
Chemical name CAS No. 
Dichlorvos ...................................................................................................................................................................................... 62–73–7 
Epichlorohydrin .............................................................................................................................................................................. 106–89–8 
Ethyl acrylate ................................................................................................................. ................................................................ 140–88–5 
Ethylene dibromide ............................................................................................................. ........................................................... 106–93–4 
Ethylene dichloride ............................................................................................................ ............................................................ 107–06–2 
Ethylene oxide ................................................................................................................. .............................................................. 75–21–8 
Ethylene thiourea .............................................................................................................. ............................................................. 96–45–7 
Ethylidene dichloride (1,1-Dichloroethane) ..................................................................................... ............................................... 75–34–3 
Formaldehyde ................................................................................................................................................................................ 50–00–0 
Heptachlor ...................................................................................................................................................................................... 76–44–8 
Hexachlorobenzene ....................................................................................................................................................................... 118–74–1 
Hexachlorobutadiene ..................................................................................................................................................................... 87–68–3 
Hexachloroethane .......................................................................................................................................................................... 67–72–1 
Hydrazine ....................................................................................................................................................................................... 302–01–2 
Isophorone ..................................................................................................................................................................................... 78–59–1 
Lindane (hexachlorocyclohexane, all isomers) ................................................................................... .......................................... 58–89–9 
m-Cresol ........................................................................................................................................................................................ 108–39–4 
Methylene chloride ............................................................................................................. ............................................................ 75–09–2 
Naphthalene ................................................................................................................................................................................... 91–20–3 
Nitrobenzene .................................................................................................................................................................................. 98–95–3 
Nitrosodimethylamine .................................................................................................................................................................... 62–75–9 
o-Cresol ......................................................................................................................................................................................... 95–48–7 
o-Toluidine ..................................................................................................................................................................................... 95–53–4 
Parathion ........................................................................................................................................................................................ 56–38–2 
p-Cresol ......................................................................................................................................................................................... 106–44–5 
p-Dichlorobenzene ......................................................................................................................................................................... 106–46–7 
Pentachloronitrobenzene ............................................................................................................................................................... 82–68–8 
Pentachlorophenol ......................................................................................................................................................................... 87–86–5 
Propoxur ........................................................................................................................................................................................ 114–26–1 
Propylene dichloride ........................................................................................................... ........................................................... 78–87–5 
Propylene oxide ................................................................................................................ ............................................................. 75–56–9 
Quinoline ........................................................................................................................................................................................ 91–22–5 
Tetrachloroethene .......................................................................................................................................................................... 127–18–4 
Toxaphene ..................................................................................................................................................................................... 8001–35–2 
Trichloroethylene ........................................................................................................................................................................... 79–01–6 
Trifluralin ........................................................................................................................................................................................ 1582–09–8 
Vinyl bromide .................................................................................................................. ............................................................... 593–60–2 
Vinyl chloride ................................................................................................................. ................................................................ 75–01–4 
Vinylidene chloride ............................................................................................................ ............................................................. 75–35–4 
[FR Doc. 2019–18344 Filed 9–3–19; 8:45 am] 
BILLING CODE 6560–50–P 
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