1378 Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2003–0005; FRL–8018–9] 

RIN 2060–AM28 

National Emission Standards for 

Hazardous Air Pollutants: Surface 

Coating of Metal Cans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; amendments. 

SUMMARY: EPA is taking direct final 

action on amendments to the national 

emission standards for hazardous air 

pollutants (NESHAP) for surface coating 

of metal cans, which were promulgated 

on November 13, 2003, under section 

112 of the Clean Air Act (CAA). The 

direct final rule amendments correct 

errors and add clarification to sections 

of the rule. We are issuing the 

amendments as a direct final rule, 

without prior proposal, because we 

view the revisions as noncontroversial 

and anticipate no adverse comments. 

However, in the Proposed Rules section 

of this Federal Register notice, we are 

publishing a separate document that 

will serve as the proposal to amend the 

NESHAP for surface coating of metal 

cans if adverse comments are filed. Any 

comments on the revisions should be 

directed to the proposed rule. 

DATES: The direct final rule is effective 

on March 7, 2006 without further 

notice, unless EPA receives adverse 

written comment by February 6, 2006. If 

adverse comments are received, EPA 

will publish a timely withdrawal in the 

Federal Register indicating which 

amendments will become effective and 

which amendments are being 

withdrawn due to adverse comment. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003– 

0005, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http:// 

docket.epa.gov/edkpub/index.jsp. 

EDOCKET, EPA’s electronic public 

docket and comment system, is EPA’s 

preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: a-and-r-docket@epa.gov and 

almodovar.paul@epa.gov. 

• Fax: (202) 566–1741 and (919) 541– 

5689. 

• Mail: U.S. Postal Service, send 

comments to: EPA Docket Center 

(6102T), Attention Docket ID No. OAR– 

2003–0005, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. We request 

that you also send a separate copy of 

each comment to the contact person 

listed below (see FOR FURTHER

INFORMATION CONTACT). 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center (6102T), Attention Docket 

ID No. OAR–2003–0005, 1301 

Constitution Avenue, NW., Room B– 

108, Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Please include a total of two copies. We 

request that you also send a separate 

copy of each comment to the contact 

person listed below (see FOR FURTHER

INFORMATION CONTACT). 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0005. 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 http:// 

docket.epa.gov/edkpub/index.jsp, 

including any personal information 

provided, unless the comment includes 

information claimed to be confidential 

business information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

EDOCKET, regulations.gov, or e-mail. 

Send or deliver information identified 

as CBI only to the following address: 

Mr. Roberto Morales, OAQPS Document 

Control Officer, EPA (C404–02), 

Attention Docket ID No. OAR–2003– 

0005, Research Triangle Park, NC 27711. 

Clearly mark all of the information that 

you claim to be CBI. The EPA EDOCKET 

and the Federal regulations.gov websites 

are ‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or 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, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket, visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://docket.epa.gov/edkpub/index.jsp. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 form. 

Publicly available docket materials are 

available either electronically in 

EDOCKET or in hardcopy at the EPA 

Docket Center, Docket ID No. OAR– 

2003–0005, EPA West Building, Room 

B–102, 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. A reasonable fee may be charged 

for copying docket materials. 

FOR FURTHER INFORMATION CONTACT: For 

further information, contact Mr. Paul 

Almodovar, EPA, Office of Air Quality 

Planning and Standards, Emission 

Standards Division, Coatings and 

Consumer Products Group (C539–03), 

Research Triangle Park, NC 27711; 

telephone number (919) 541–0283; fax 

number (919) 541–5689; e-mail address: 

almodovar.paul@epa.gov. 

SUPPLEMENTARY INFORMATION: Regulated 

Entities. Categories and entities 

potentially regulated by this action 

include: 

Category NAICS * code Examples of regulated entities 

Industry ............. 332431 Two piece beverage can facilities. 

332431, 332115, 

332116, 332812, 

332999 

Three piece food can facilities, two piece D&I facilities, one piece aerosol can facilities, etc. 

332431 Can assembly facilities. 


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Category NAICS * code Examples of regulated entities 

332431, 332812 End manufacturing facilities. 

* North American Industry Classification System 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. To determine 

whether your facility is regulated by this 

action, you should examine the 

applicability criteria in 40 CFR 63.3481 

and 40 CFR 63.3482 of the Metal Can 

NESHAP (68 FR 64432, November 13, 

2003). If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

Comments. We are publishing the 

direct final rule amendments without 

prior proposal because we view the 

amendments as noncontroversial and do 

not anticipate adverse comments. 

However, in the Proposed Rules section 

of this Federal Register, we are 

publishing a separate document that 

will serve as the proposal to amend the 

NESHAP for surface coating of metal 

cans if adverse comments are filed. If we 

receive any adverse comments on one or 

more distinct amendments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

which amendments will become 

effective, and which amendments are 

being withdrawn due to adverse 

comment. We will address all public 

comments in a subsequent final rule, 

should the Agency determine to issue 

one. Any of the distinct amendments in 

today’s direct final rule for which we do 

not receive adverse comment will 

become effective on the previously 

mentioned date. We will not institute a 

second comment period on the direct 

final rule amendments. Any parties 

interested in commenting must do so at 

this time. 

Judicial Review. Under section 

307(b)(1) of the CAA, judicial review of 

the direct final rule amendments is 

available only by filing a petition for 

review in the United States Court of 

Appeals for the District of Columbia 

Circuit by March 7, 2006. Under section 

307(d)(7)(B) of the CAA, only an 

objection to the direct final rule 

amendments which was raised with 

reasonable specificity during the period 

for public comment can be raised during 

judicial review. Moreover, under section 

307(b)(2) of the CAA, the requirements 

established by the direct final rule 

amendments may not be challenged 

separately in any civil or criminal 

proceedings brought by EPA to enforce 

these requirements. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of today’s direct final 

rule amendments will also be available 

on the WWW through the Technology 

Transfer Network (TTN). Following the 

Administrator’s signature, a copy of this 

action will be posted on the TTN’s 

policy and guidance page for newly 

proposed or promulgated rules at http:// 

www.epa.gov/ttn/oarpg/. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

Outline. The information presented in 

this preamble is organized as follows: 

I. Background 

II. Amendments to 40 CFR Part 63, Subpart 

KKKK 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132, Federalism 

F. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Congressional Review Act 

I. Background 

EPA promulgated NESHAP for surface 

coating of metal cans on November 13, 

2003 (68 FR 64432). The final rule (40 

CFR part 63, subpart KKKK) includes 

standards for hazardous air pollutants 

(HAP), as well as monitoring, 

performance testing, recordkeeping, and 

reporting requirements related to the 

standards. After promulgation of the 

final rule, EPA received numerous 

questions relating to rule interpretation. 

The questions pointed out minor 

inconsistencies in some of the rule 

language and equations and identified 

areas where the rule requirements were 

not clear. Today’s action includes direct 

final rule amendments that resolve 

inconsistencies and clarify rule 

language. None of the amendments will 

have any discernable effect on the 

stringency of the rule. 

II. Amendments to 40 CFR Part 63, 

Subpart KKKK 

In response to the proposed rule (68 

FR 2110, January 15, 2003), EPA 

received a question related to 

compliance with parametric monitoring 

after testing but before the compliance 

date. In the final rule, EPA retained 

language from the proposed rule that 

requires affected sources to meet 

operating limits once the performance 

test used to establish those limits is 

complete, even if this occurs before the 

actual compliance date. EPA failed to 

make an intended change for the final 

rule to clarify that existing affected 

sources do not have to meet the 

operating limits prior to the compliance 

date. We have rewritten 40 CFR 63.3492 

to state that new and reconstructed 

sources must meet the operating limits 

at all times after they have been 

established during the performance test, 

and existing sources must meet the 

operating limits at all times after the 

compliance date of November 13, 2006. 

A question was raised concerning the 

definition of major source in the final 

rule versus the definition of major 

source in the General Provisions of 40 

CFR part 63. To be consistent with the 

definition of major source in 40 CFR 

63.2 of the General Provisions, we 

added the phrase ‘‘considering controls’’

to the description of a major source of 

HAP emissions in 40 CFR 63.3481(b). 

A question was raised about the 

omission of clarifying text stating that 

all required calculations and 

compliance demonstrations may be 

performed with either metric or English 

units. In response, we have added 

language clarifying that all required 

calculations and all compliance 

demonstrations may be performed using 

either metric or English units in 40 CFR 

63.3521, 63.3531, and 63.3541, as was 

intended. 

A question was raised about the 

inclusion of cleaning materials in 

compliance calculations and equations. 

EPA erroneously made a change 

between the proposed and final rule that 

added cleaning materials as HAPcontaining materials and included them 

in compliance calculations in 40 CFR 

63.3541(h). Several other surface coating 

maximum achievable control 

technology (MACT) rules include 

cleaning materials as part of the 

calculation of total mass of organic 

HAP; however, as stated in the preamble 


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to the proposed rule (January 15, 2003, 

68 FR 2130), emissions data collected 

for the metal can industry did not show 

any significant HAP associated with 

cleaning materials. Therefore, we have 

removed references to cleaning 

materials in the text in 40 CFR 63.3522 

and 63.3561, as well as references to 

cleaning materials in equations which 

also resulted in modifications to the 

associated equation numbering in 40 

CFR 63.3510, 63.3511, and 63.3512. The 

term ‘‘surface preparation’’ was 

removed in 40 CFR 63.3544(b), since 

this term is defined to mean the use of 

a cleaning material on a substrate. These 

revisions are discussed in more detail 

below. 

Section 63.3522, paragraph (c) 

pertaining to identifying those coating 

operations for which affected sources 

use the compliant material option in the 

semiannual compliance report, was 

revised to exclude the application of 

cleaning materials as a coating 

operation. 

Section 63.3561 includes the 

definition of terms used in this subpart, 

including the definition of ‘‘capture 

system’’ which is defined in terms of 

coatings and cleaning materials. Capture 

systems will not be required to collect 

emissions from cleaning materials, so 

the definition of ‘‘capture system’’ no 

longer contains a reference to cleaning 

materials. 

Section 63.3510, paragraph (c)(8)(ii), 

pertaining to the notification of 

compliance requirements for affected 

sources using the emission rate without 

add-on controls option, was revised to 

reference Equations 1, 1A, 1B, 2, and 3 

of 40 CFR 63.3531 for calculating the 

total mass of organic HAP emissions for 

each month, the total volume of coating 

solids used each month, and the 12- 

month organic HAP emission rate, 

respectively. 

Section 63.3510, paragraph (c)(8)(iii) 

pertains to affected sources using the 

emission rate with add-on controls 

option. The notification of compliance 

will now require the use of Equations 1, 

1A, and 1B of 40 CFR 63.3531 to 

calculate the total mass of organic HAP 

emissions for the coatings and thinners 

used each month. Also, the calculation 

of the mass of organic HAP emission 

reduction each month by emission 

capture systems and add-on control 

devices will now be performed by using 

Equations 1 and 1A through 1C of 40 

CFR 63.3541, and Equations 2, 3, 3A, 

and 3B of 40 CFR 63.3541, as 

applicable. 

In 40 CFR 63.3511, which pertains to 

reporting requirements for affected 

sources, references to equations to be 

used to calculate the total mass of 

organic HAP emissions for the coatings 

and thinners used each month were 

revised in the second sentence of 

paragraph (a)(6)(ii) to include Equations 

1, 1A, 1B, 2, and 3 in 40 CFR 63.3531; 

and in the second sentence of paragraph 

(a)(7)(ii) to include Equations 1, 1A, and 

1B of 40 CFR 63.3531. In addition, the 

calculation for the mass of organic HAP 

emission reduction each month by 

emission capture systems and add-on 

control devices will now use Equations 

1 and 1A through 1C of 40 CFR 63.3541, 

and Equations 2, 3, 3A, and 3B of 40 

CFR 63.3541, as applicable. 

Section 63.3512 contains 

recordkeeping requirements. References 

to each equation were revised in 

paragraph (c)(3) to include Equations 1, 

1A, 1B, and 2 of 40 CFR 63.3531 to be 

used to calculate the total mass of 

organic HAP emissions for the coatings 

and thinners used each month for the 

emission rate without add-on controls 

option; paragraph (c)(4)(i) was revised to 

include Equations 1, 1A, and 1B of 40 

CFR 63.3531 to be used to calculate the 

total mass of organic HAP emissions for 

the coatings and thinners used each 

month; and paragraph (c)(4)(iii) was 

revised to include Equations 1 and 1A 

through 1C, 2, 3, 3A, and 3B of 40 CFR 

63.3541 to be used to calculate the mass 

of organic HAP emission reduction by 

emission capture systems and add-on 

control devices. 

Section 63.3544, paragraph (b), 

pertains to measuring capture efficiency 

during a production run of at least 3 

hours and up to 8 hours, where the 

production run is defined as the time 

required for a single part to go from the 

beginning to the end of production. The 

term production run was redefined to 

exclude surface preparation activities 

which involve the use of cleaning 

materials. 

EPA received comments requesting 

that it include six additional crossreferences to the overall subcategory 

emission limit (OSEL) in the 

notification, reports, and records 

sections of this subpart, in 40 CFR 

63.3510, 63.3511, and 63.3512, 

respectively. The OSEL is a 12-month 

alternative emission limit that can be 

used if the affected source applies 

coatings in more than one coating type 

segment within a subcategory and can 

be calculated by using Equation 4 in 40 

CFR 63.3531(i). We have rewritten five 

sentences to reference OSEL Equation 4 

in addition to the existing formula 

references and added one new sentence. 

The same five sentences were also 

affected by the deletion of the reference 

to cleaning materials, as discussed 

above. 

A comment was made pertaining to 

remaining references to 40 CFR 

63.3547(g) and 63.3557(g), paragraphs 

pertaining to requirements for 

continuous parameter monitoring for 

emission rate with the add-on controls 

option and for the control efficiency/ 

outlet concentration option, 

respectively, that appeared in the 

proposed rule but were not included in 

the final rule. We are removing the 

remaining references to these 

paragraphs in 40 CFR 63.3547(a) and 

63.3557(a). A similar reference to 40 

CFR 63.3546(g) remained in Table 4 to 

Subpart KKKK of Part 63, Item 8.a.i, was 

also removed. 

A comment was made pertaining to 

redundant language in 40 CFR 

63.3547(a)(1) and 63.3557(a)(1), 

pertaining to continuous parameter 

monitoring system (CPMS) frequency of 

data collection. These sections state that 

the CPMS must complete a minimum of 

one cycle of operation for each 

successive 15-minute period. They then 

state that you must have a minimum of 

four equally spaced successive cycles of 

CPMS operation in 1 hour. The second 

sentence is redundant and is now 

removed from each section. 

A comment was made pertaining to 

the need to clarify the frequency of data 

collection for CPMS for permanent total 

enclosure (PTE) capture systems in 

Table 4 to Subpart KKKK of Part 63, 

Item 7, and the number of data points 

needed to establish the 3-hour average 

for the non-PTE emission capture 

operating parameters in Table 4, Item 8. 

For emission capture systems and addon control devices, the frequency of data 

collection and the number of data 

collection points is specified in 40 CFR 

63.3547(a)(1) and (2) and 40 CFR 

63.3557(a)(1) and (2), which state that 

the CPMS must complete a minimum of 

one cycle of operation for each 

successive 15-minute period, and the 

average of all recorded readings must be 

determined for each successive 3-hour 

period. These sections apply to 

emission capture systems (PTE and nonPTE) and add-on control devices. We 

are, therefore, transferring this language 

and references to 40 CFR 63.3547(a)(1) 

and (2) and 40 CFR 63.3557 (a)(1) and 

(2) to Table 4 to Subpart KKKK of Part 

63, Items 7 and 8, for clarification. 

A question was raised as to whether 

a bypass line valve indicator or a 

damper indicator would be acceptable 

in place of the capture system bypass 

line flow indicator required in 

paragraph (b)(1) of 40 CFR 63.3547. The 

alternate indicators would meet the 

CPMS requirements by recording the 

position of the bypass valve damper at 

least once every 15 minutes to ensure 


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the bypass line is in the closed position 

and would not divert emissions away 

from the add-on control device directly 

to the atmosphere. We are, therefore, 

modifying the text to add the two 

alternate indicators. 

A question was raised as to whether 

static pressure could be measured at the 

oxidizer inlet as an alternative to the 

requirement to measure the static 

pressure in each capture system duct as 

required by Table 4 to Subpart KKKK of 

Part 63, Item 8, to show that the capture 

system is working. EPA agrees that this 

approach would be acceptable, but 

consider it critical to address the 

position of the pressure measurement 

relative to the flow inducer and that ‘‘at 

the inlet of the oxidizer’’ is not 

descriptive enough. We, therefore, 

added new language requiring 

measurement of static pressure 

‘‘upstream of the fan’’ in the duct of 

each capture device or ‘‘upstream of the 

fan that is common to multiple capture 

devices’’ versus ‘‘at the inlet of the 

oxidizer.’’ Language was also added to 

differentiate between smaller safety fans 

(on the outlet of ovens that also act as 

capture devices) and fans that serve as 

the primary air movers. This allows for 

the affected source to monitor pressure 

downstream of the safety fan, but 

upstream of the primary fan. Language 

was also added to refer back to the 

required performance testing in 40 CFR 

63.3546(g) in order to establish the 

limits for gas volumetric flow rate and 

duct static pressure. Conforming 

changes were then made to 40 CFR 

63.3546(g). 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), EPA must 

determine whether the regulatory action 

is ‘‘significant’’ and, therefore, subject to 

review by the Office of Management and 

Budget (OMB) and the requirements of 

the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

It has been determined that this rule 

is not a ‘‘significant regulatory action’’

under the terms of Executive Order 

12866 and is, therefore, not subject to 

OMB review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501, et seq. OMB 

approved the information collection 

request (ICR) for the NESHAP for metal 

can surface coating pursuant to the 

provisions of the Paperwork Reduction 

Act and has assigned OMB control 

number 2060–0541 (EPA ICR No. 

2079.02). A copy of the original ICR may 

be obtained from Susan Auby by mail at 

the Office of Environmental 

Information, Collection Strategies 

Division (2822), EPA, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, by e-mail at 

auby.susan@epa.gov, or by calling (202) 

566–1672. You may also download a 

copy from the internet at http:// 

www.epa.gov/icr. Include the ICR 

number in any correspondence. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

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 EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Analysis 

EPA has determined that it is not 

necessary to prepare a regulatory 

flexibility analysis in connection with 

the direct final rule amendments. 

For purposes of assessing the impacts 

of today’s direct final rule on small 

entities, small entity is defined as: (1) A 

small business as defined by the Small 

Business Administrations’ regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s direct final rule 

amendments on small entities, EPA has 

concluded that this action will not have 

a significant economic impact on a 

substantial number of small entities. We 

have determined that the direct final 

rule amendments will not impose any 

new requirements on small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law No. 104–4, establishes 

requirements for Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments and the private sector. 

Under section 202 of the UMRA, EPA 

generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, 

and tribal governments, in the aggregate, 

or to the private sector, of $100 million 

or more in any 1 year. Before 

promulgating a rule for which a written 

statement is needed, section 205 of the 

UMRA generally requires us to identify 

and consider a reasonable number of 

regulatory alternatives and adopt the 

least costly, most cost-effective, or least 

burdensome alternative that achieves 

the objectives of the rule. The 

provisions of section 205 do not apply 

when they are inconsistent with 

applicable law. Moreover, section 205 

allows us to adopt an alternative other 

than the least costly, most cost-effective, 

or least burdensome alternative if the 

Administrator publishes with the final 

rule an explanation why that alternative 

was not adopted. Before EPA establishes 

any regulatory requirements that may 

significantly or uniquely affect small 

governments, including tribal 

governments, it must have developed 

under section 203 of the UMRA a small 

government agency plan. The plan must 

provide for notifying potentially 

affected small governments, enabling 

officials of affected small governments 


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to have meaningful and timely input in 

the development of EPA regulatory 

proposals with significant Federal 

intergovernmental mandates, and 

informing, educating, and advising 

small governments on compliance with 

the regulatory requirements. 

EPA has determined that the direct 

final rule amendments do not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any 1 year. The direct final rule 

amendments apply only to affected 

sources in the metal can industry and 

clarify and correct errors in the final 

rule and, therefore, add no additional 

burden on sources. EPA has determined 

that this rule contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

direct final rule amendments apply only 

to affected sources in the metal can 

industry and clarify and correct errors 

in the final rule. Thus, the direct final 

rule amendments are not subject to the 

requirements of sections 202 and 205 of 

the UMRA. 

E. Executive Order 13132, Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’

The direct final rule amendments do 

not have federalism implications. They 

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, as 

specified in Executive Order 13132. No 

metal can production facilities subject 

to the direct final rule amendments are 

owned or operated by State or local 

governments. Therefore, State and local 

governments will not have any direct 

compliance costs resulting from the 

direct final rule amendments. 

Furthermore, the direct final rule 

amendments do not require these 

governments, or anyone else, to take on 

any new responsibilities. Thus, 

Executive Order 13132 does not apply 

to the direct final rule amendments. 

F. Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ The direct final rule 

amendments do not have tribal 

implications as specified in Executive 

Order 13175. They will not have 

substantial direct effects on tribal 

governments, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

because we are not aware of any Indian 

tribal governments or communities 

affected by the direct final rule 

amendments. Thus, Executive Order 

13175 does not apply to the direct final 

rule amendments. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045 (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) Is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that are based on health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. The direct final rule 

amendments are not subject to 

Executive Order 13045 because they are 

based on technology performance and 

not on health or safety risks. 

H. Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

The direct final rule amendments are 

not subject to Executive Order 13211 (66 

FR 28355, May 22, 2001) because they 

are not a significant regulatory action 

under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995, Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. The VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs EPA to 

provide Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable VCS. 

The direct final rule amendments do 

not involve technical standards; 

therefore, EPA is not adopting any VCS. 

J. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing the direct final rule 

amendments and other required 

information to the United States Senate, 

the United States House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the direct final rule 

amendments in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. The direct final rule 

amendments are not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). The direct 

final rule amendments are effective on 

March 7, 2006. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, and Reporting and 

recordkeeping requirements. 

Dated: December 29, 2005. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 63 of the Code 

of the Federal Regulations is amended 

as follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 


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Subpart KKKK—[AMENDED] 

■ 2. Section 63.3481 is amended by 

revising the second sentence in 

paragraph (b) to read as follows: 

§ 63.3481 Am I subject to this subpart? 

* * * * * 

(b) * * * A major source of HAP 

emissions is any stationary source or 

group of stationary sources located 

within a contiguous area and under 

common control that emits or has the 

potential to emit, considering controls, 

any single HAP at a rate of 9.07 

megagrams (Mg) (10 tons) or more per 

year or any combination of HAP at a rate 

of 22.68 Mg (25 tons) or more per year. 

* * * * * 

■ 3. Section 63.3492 is amended by 

revising the third sentence in paragraph 

(b) to read as follows: 

§ 63.3492 What operating limits must I 

meet? 

* * * * * 

(b) * * * You must establish the 

operating limits during the initial 

performance test according to the 

requirements in § 63.3546 or § 63.3556. 

New and reconstructed sources must 

meet the operating limits at all times 

after they have been established during 

the performance test, and existing 

sources must meet the operating limits 

at all times after the compliance date. 

* * * * * 

■ 4. Section 63.3510 is amended by 

revising paragraphs (c)(8)(ii) and (iii) to 

read as follows: 

§ 63.3510 What notifications must I 

submit? 

* * * * * 

(c) * * * 

(8) * * * 

(ii) For the emission rate without addon controls option, provide the 

calculation of the total mass of organic 

HAP emissions for each month, the 

calculation of the total volume of 

coating solids used each month, and the 

calculation of the 12-month organic 

HAP emission rate, using Equations 1, 

1A, 1B, 2, and 3, respectively, of 

§ 63.3531, or Equation 4 of § 63.3531, if 

applicable. 

(iii) For the emission rate with add-on 

controls option, provide the calculation 

of the total mass of organic HAP 

emissions for the coatings and thinners 

used each month, using Equations 1, 

1A, and 1B of § 63.3531; the calculation 

of the total volume of coating solids 

used each month, using Equation 2 of 

§ 63.3531; the calculation of the mass of 

organic HAP emission reduction each 

month by emission capture systems and 

add-on control devices, using Equations 

1 and 1A through 1C of § 63.3541, and 

Equations 2, 3, 3A, and 3B of § 63.3541, 

as applicable; the calculation of the total 

mass of organic HAP emissions each 

month, using Equation 4 of § 63.3541, as 

applicable; and the calculation of the 

12-month organic HAP emission rate, 

using the applicable equation, Equation 

5 of § 63.3541 or Equation 4 of 

§ 63.3531. 

* * * * * 

■ 5. Section 63.3511 is amended by 

revising the second sentence of 

paragraph (a)(6)(ii) and the second 

sentence of paragraph (a)(7)(ii) to read 

as follows: 

§ 63.3511 What reports must I submit? 

(a) * * * 

(6) * * * 

(ii) * * * You must provide the 

calculations for Equations 1, 1A, 1B, 2, 

and 3 in § 63.3531 or Equation 4 in 

§ 63.3531, if applicable; and, if 

applicable, the calculation used to 

determine mass of organic HAP in waste 

materials according to § 63.3531(e)(3). 

* * * 

* * * * * 

(7) * * * 

(ii) * * * You must provide the 

calculation of the total mass of organic 

HAP emissions for the coatings and 

thinners used each month, using 

Equations 1, 1A, and 1B of § 63.3531 

and, if applicable, the calculation used 

to determine mass of organic HAP in 

waste materials according to 

§ 63.3531(e)(3); the calculation of the 

total volume of coating solids used each 

month, using Equation 2 of § 63.3531; 

the calculation of the mass of organic 

HAP emission reduction each month by 

emission capture systems and add-on 

control devices, using Equations 1 and 

1A through 1C of § 63.3541, and 

Equations 2, 3, 3A, and 3B of § 63.3541, 

as applicable; the calculation of the total 

mass of organic HAP emissions each 

month, using Equation 4 of § 63.3541; 

and the calculation of the 12-month 

organic HAP emission rate, using 

Equation 5 of § 63.3541, or Equation 4 

in § 63.3531, if applicable. * * * 

* * * * * 

■ 6. Section 63.3512 is amended by: 

■ a. Revising paragraphs (c)(3), (c)(4) 

introductory text, (c)(4)(i), and (c)(4)(iii); 

and 

■ b. Adding paragraph (c)(4)(vi) to read 

as follows: 

§ 63.3512 What records must I keep? 

* * * * * 

(c) * * * 

(3) For the emission rate without addon controls option, a record of the 

calculation of the total mass of organic 

HAP emissions for the coatings and 

thinners used each month, using 

Equations 1, 1A, 1B, and 2 of § 63.3531 

and, if applicable, the calculation used 

to determine mass of organic HAP in 

waste materials according to 

§ 63.3531(e)(3); the calculation of the 

total volume of coating solids used each 

month, using Equation 2 of § 63.3531; 

and the calculation of each 12-month 

organic HAP emission rate, using 

Equation 3 of § 63.3531, or Equation 4 

in § 63.3531, if applicable. 

(4) For the emission rate with add-on 

controls option, records of the 

calculations specified in paragraphs 

(c)(4)(i) through (vi) of this section. 

(i) The calculation of the total mass of 

organic HAP emissions for the coatings 

and thinners used each month, using 

Equations 1, 1A, and 1B of § 63.3531 

and, if applicable, the calculation used 

to determine mass of organic HAP in 

waste materials according to 

§ 63.3531(e)(3). 

* * * * * 

(iii) The calculation of the mass of 

organic HAP emission reduction by 

emission capture systems and add-on 

control devices, using Equations 1 and 

1A through 1C of § 63.3541, and 

Equations 2, 3, 3A, and 3B of § 63.3541, 

as applicable. 

* * * * * 

(vi) The OSEL calculation, if 

applicable, using Equation 4 of 

§ 63.3531. 

* * * * * 

■ 7. Section 63.3521 is amended by 

adding a sentence to the end of the 

introductory text to read as follows: 

§ 63.3521 How do I demonstrate initial 

compliance with the emission limitations? 

* * * All required calculations and 

compliance demonstrations may be 

performed with either metric or English 

units. 

* * * * * 

■ 8. Section 63.3522 is amended by 

revising the second sentence in 

paragraph (c) to read as follows: 

§ 63.3522 How do I demonstrate 

continuous compliance with the emission 

limitations? 

* * * * * 

(c) * * * If there were no deviations 

from the emission limitations set forth 

in § 63.3490, submit a statement that the 

coating operation(s) was (were) in 

compliance with the emission 

limitations during the reporting period 

because you used no coating for which 

the organic HAP content exceeded the 

applicable emission limit in § 63.3490, 

and you used no thinner that contained 


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1384 Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Rules and Regulations 

organic HAP, as determined according 

to § 63.3521(a). 

* * * * * 

■ 9. Section 63.3531 is amended by 

adding a sentence to the end of the 

introductory text to read as follows: 

§ 63.3531 How do I demonstrate initial 

compliance with the emission limitations? 

* * * All required calculations and 

compliance demonstrations may be 

performed with either metric or English 

units. 

* * * * * 

■ 10. Section 63.3541 is amended by: 

■ a. Adding a sentence to the end of 

paragraph (a); 

■ b. Revising the third sentence and 

Equation 1 (defined terms) of paragraph 

(h); 

■ c. Removing paragraph (h)(3) and 

Equation 1C and redesignating 

paragraph (h)(4) as (h)(3) and Equation 

1D as Equation 1C, and revising the 

newly redesignated paragraph (h)(3); 

and 

■ d. Revising paragraph (i)(5) to read as 

follows: 

§ 63.3541 How do I demonstrate initial 

compliance? 

(a) * * * All required calculations and 

compliance demonstrations may be 

performed with either metric or English 

units. 

* * * * * 

(h) Calculate the organic HAP 

emission reduction for each controlled 

coating operation not using liquid-liquid 

material balances. * * * The calculation 

applies the emission capture system 

efficiency and add-on control device 

efficiency to the mass of organic HAP 

contained in the coatings and thinners 

that are used in the coating operation 

served by the emission capture system 

and add-on control device during each 

month. * * * 

* * * * * 

Hunc = Total mass of organic HAP in the 

coatings and thinners used during 

all deviations specified in 

§ 63.3542(c) and (d) that occurred 

during the month in the controlled 

coating operation, kg, as calculated 

in Equation 1C of this section. 

* * * * * 

(3) Calculate the mass of organic HAP 

in the coatings and thinners used in the 

controlled coating operation during 

deviations specified in § 63.3542(c) and 

(d), using Equation 1C of this section. 

H Vol D W Eq unc h h h

h

q

= =

∑( )( )( ) ( . 1C)

1

Where: 

Hunc = Total mass of organic HAP in the 

coatings and thinners used during 

all deviations specified in 

§ 63.3542(c) and (d) that occurred 

during the month in the controlled 

coating operation, kg. 

Volh = Total volume of coating or 

thinner, h, used in the controlled 

coating operation during deviations, 

liters. 

Dh = Density of coating or thinner, h, kg 

per liter. 

Wh = Mass fraction of organic HAP in 

coating or thinner, h, kg organic 

HAP per kg coating. 

q = Number of different coatings or 

thinners. 

(i) Calculate the organic HAP 

emission reduction for each controlled 

coating operation using liquid-liquid 

material balances. * * * 

(5) Measure the volume of each 

coating and thinner used in the coating 

operation controlled by the solvent 

recovery system during the month, 

liters. 

* * * * * 

■ 11. Section 63.3544 is amended by 

revising the fifth sentence in paragraph 

(b) to read as follows: 

§ 63.3544 How do I determine the emission 

capture system efficiency? 

* * * * * 

(b) * * * For the purposes of this test, 

a production run means the time 

required for a single part to go from the 

beginning to the end of production, and 

includes drying or curing time, but 

excludes surface preparation activities. 

* * * * * 

■ 12. Section 63.3546 is amended by 

revising paragraphs (g)(1) and (g)(2) as 

follows: 

§ 63.3546 How do I establish the emission 

capture system and add-on control device 

operating limits during the performance 

test? 

* * * * * 

(g) * * * 

(1) During the capture efficiency 

determination required by § 63.3540 and 

described in §§ 63.3543 and 63.3544, 

you must monitor and record either the 

gas volumetric flow rate at a location 

upstream of the control device, or the 

duct static pressure at a location 

upstream of the primary fan in each 

duct of each capture device or upstream 

of the fan that is common to multiple 

capture devices at least once every 15 

minutes during each of the three test 

runs. 

(2) Calculate and record the average 

gas volumetric flow rate or duct static 

pressure for the three test runs for each 

capture device or system of multiple 

capture devices. The average gas 

volumetric flow rate is the minimum 

operating limit for that specific capture 

device or system of multiple capture 

devices. The average duct static 

pressure is the maximum operating 

limit for that specific capture device or 

system of multiple capture devices. 

■ 13. Section 63.3547 is amended by: 

■ a. Revising the first sentence of 

paragraph (a) introductory text, 

■ b. Removing the second sentence of 

paragraph (a)(1), and 

■ c. Revising paragraph (b)(1) to read as 

follows: 

§ 63.3547 What are the requirements for 

continuous parameter monitoring system 

installation, operation, and maintenance? 

(a) General. You must install, operate, 

and maintain each CPMS specified in 

paragraphs (c), (e), and (f) of this section 

according to paragraphs (a) (1) through 

(6) of this section. * * * 

* * * * * 

(b) * * * 

(1) Properly install, maintain, and 

operate a flow indicator that takes a 

reading at least once every 15 minutes. 

The flow indicator shall be installed at 

the entrance to any bypass line. 

Alternatively, install, maintain, and 

operate a bypass line valve indicator or 

damper indicator that indicates valve 

position. 

* * * * * 

■ 14. Section 63.3557 is amended by 

revising the first sentence of paragraph 

(a) introductory text and removing the 

second sentence of paragraph (a)(1) to 

read as follows: 

§ 63.3557 What are the requirements for 

continuous parameter monitoring system 

installation, operation, and maintenance? 

(a) General. You must install, operate, 

and maintain each CPMS specified in 

paragraphs (c), (e), and (f) of this section 

according to paragraphs (a)(1) through 

(6) of this section. * * * 

* * * * * 

■ 15. Section 63.3561 is amended by 

revising the definition of ‘‘capture 

system’’ to read as follows: 

§ 63.3561 What definitions apply to this 

subpart? 

* * * * * 

Capture system means one or more 

capture devices intended to collect 

emissions generated by a coating 

operation in the use of coatings, both at 

the point of application and at 

subsequent points where emissions 

from the coatings occur, such as flashoff, drying, or curing. 

* * * * * 

■ 16. Table 4 to Subpart KKKK of Part 

63 is amended by redesignating Item 


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Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Rules and Regulations 1385 

7.a.ii as 7.a.iii and adding a new Item 

7.a.ii; and revising newly redesignated 

Item 7.a.iii, and Items 8.a introductory 

text, 8.a.i, 8.a.ii, and 8.a.iii to read as 

follows: 

Table 4 to Subpart KKKK of Part 63— 

Operating Limits if Using the Emission 

Rate With Add-On Controls Option or 

the Control Efficiency/Outlet 

Concentration Compliance Option 

7. * * * 

a. * * * 

i. * * * 

ii. Reducing the data collected each 

successive 15-minute period to 3-hour 

block averages according to 

§ 63.3547(a)(1) and (2) or § 63.3557(a)(1) 

and (2), as applicable; and 

iii. Maintaining the 3-hour block 

average facial velocity of air flow 

through all natural draft openings or the 

pressure drop at or above the facial 

velocity limit or pressure drop limit, 

and maintaining the direction of air 

flow into the enclosure at all times. 

8. * * * 

a. The average gas volumetric flow 

rate at a location upstream of the control 

device, or duct static pressure at a 

location upstream (i.e., vacuum side) of 

the primary fan in each duct of each 

capture device or upstream of the fan 

that is common to multiple capture 

devices in each 3-hour period must not 

fall below the average volumetric flow 

rate or above the duct static pressure 

limit established for that capture device 

in accordance with § 63.3546 or 

§ 63.3556, as applicable. 

i. Measuring the gas volumetric flow 

at a location upstream of the control 

device, or duct static pressure at a 

location upstream (i.e., vacuum side) of 

the primary fan in each duct of each 

capture device upstream or upstream of 

the fan that is common to multiple 

capture devices; and 

ii. Reducing the data collected each 

successive 15-minute period to 3-hour 

block averages according to 

§ 63.3547(a)(1) and (2) or § 63.3557(a)(1) 

and (2), as applicable; and 

iii. Maintaining the 3-hour block 

average gas volumetric flow rate at a 

location upstream of the control device, 

or duct static pressure at a location 

upstream (i.e., vacuum side) of the 

primary fan in each duct of each capture 

device or upstream of the fan that is 

common to multiple capture devices at 

or above the average gas volumetric flow 

rate or below the duct static pressure 

limit established in accordance with the 

performance test described in 

§ 63.3546(g). 

[FR Doc. 06–70 Filed 1–5–06; 8:45 am] 

BILLING CODE 6560–50–P 


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