[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Rules and Regulations]
[Pages 1378-1385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-70]



[[Page 1377]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Cans; Final Rule and Proposed Rule

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

[[Page 1378]]


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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.

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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become effective and which amendments are being withdrawn due to 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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#e081cd818e84cd92cd848f838b8594a0859081ce878f96"><span class="__cf_email__" data-cfemail="31501c505f551c431c555e525a5445715441501f565e47">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#f49598999b909b829586da84958198b4918495da939b82"><span class="__cf_email__" data-cfemail="056469686a616a7364772b75647069456075642b626a73">[email protected]</span></a>.
    <bullet> Fax: (202) 566-1741 and (919) 541-5689.
    <bullet> 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).
    <bullet> 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 
e-mail 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: 
<a href="/cdn-cgi/l/email-protection#1c7d70717378736a7d6e326c7d69705c796c7d327b736a"><span class="__cf_email__" data-cfemail="d5b4b9b8bab1baa3b4a7fba5b4a0b995b0a5b4fbb2baa3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

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                                                  Examples of regulated
          Category               NAICS * code            entities
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Industry....................             332431  Two piece beverage can
                                                  facilities.
                                332431, 332115,  Three piece food can
                                332116, 332812,   facilities, two piece
                                         332999   D&I facilities, one
                                                  piece aerosol can
                                                  facilities, etc.
                                         332431  Can assembly
                                                  facilities.

[[Page 1379]]

 
                                 332431, 332812  End manufacturing
                                                  facilities.
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* 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 
HAP-containing 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

[[Page 1380]]

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 
cross-references 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 add-on 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 non-PTE) 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

[[Page 1381]]

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 <a href="/cdn-cgi/l/email-protection#e180948398cf929492808fa1849180cf868e97"><span class="__cf_email__" data-cfemail="a7c6d2c5de89d4d2d4c6c9e7c2d7c689c0c8d1">[email protected]</span></a>, 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-for-profit 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

[[Page 1382]]

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.

0
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]

0
1. The authority citation for part 63 continues to read as follows:

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

[[Page 1383]]

Subpart KKKK--[AMENDED]

0
2. Section 63.3481 is amended by revising the second sentence in 
paragraph (b) to read as follows:


Sec.  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.
* * * * *

0
3. Section 63.3492 is amended by revising the third sentence in 
paragraph (b) to read as follows:


Sec.  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 Sec.  63.3546 
or Sec.  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.
* * * * *

0
4. Section 63.3510 is amended by revising paragraphs (c)(8)(ii) and 
(iii) to read as follows:


Sec.  63.3510  What notifications must I submit?

* * * * *
    (c) * * *
    (8) * * *
    (ii) For the emission rate without add-on 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 Sec.  63.3531, or 
Equation 4 of Sec.  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 
Sec.  63.3531; the calculation of the total volume of coating solids 
used each month, using Equation 2 of Sec.  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 Sec.  63.3541, and Equations 2, 3, 3A, and 3B of Sec.  
63.3541, as applicable; the calculation of the total mass of organic 
HAP emissions each month, using Equation 4 of Sec.  63.3541, as 
applicable; and the calculation of the 12-month organic HAP emission 
rate, using the applicable equation, Equation 5 of Sec.  63.3541 or 
Equation 4 of Sec.  63.3531.
* * * * *
0
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:


Sec.  63.3511  What reports must I submit?

    (a) * * *
    (6) * * *
    (ii) * * * You must provide the calculations for Equations 1, 1A, 
1B, 2, and 3 in Sec.  63.3531 or Equation 4 in Sec.  63.3531, if 
applicable; and, if applicable, the calculation used to determine mass 
of organic HAP in waste materials according to Sec.  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 Sec.  63.3531 and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec.  63.3531(e)(3); the calculation of the total volume 
of coating solids used each month, using Equation 2 of Sec.  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 Sec.  63.3541, and Equations 2, 3, 3A, 
and 3B of Sec.  63.3541, as applicable; the calculation of the total 
mass of organic HAP emissions each month, using Equation 4 of Sec.  
63.3541; and the calculation of the 12-month organic HAP emission rate, 
using Equation 5 of Sec.  63.3541, or Equation 4 in Sec.  63.3531, if 
applicable. * * *
* * * * *

0
6. Section 63.3512 is amended by:
0
a. Revising paragraphs (c)(3), (c)(4) introductory text, (c)(4)(i), and 
(c)(4)(iii); and
0
b. Adding paragraph (c)(4)(vi) to read as follows:


Sec.  63.3512  What records must I keep?

* * * * *
    (c) * * *
    (3) For the emission rate without add-on 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 Sec.  63.3531 and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec.  
63.3531(e)(3); the calculation of the total volume of coating solids 
used each month, using Equation 2 of Sec.  63.3531; and the calculation 
of each 12-month organic HAP emission rate, using Equation 3 of Sec.  
63.3531, or Equation 4 in Sec.  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 Sec.  63.3531 and, if applicable, the calculation used to 
determine mass of organic HAP in waste materials according to Sec.  
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 Sec.  63.3541, and Equations 2, 3, 3A, and 3B of 
Sec.  63.3541, as applicable.
* * * * *
    (vi) The OSEL calculation, if applicable, using Equation 4 of Sec.  
63.3531.
* * * * *

0
7. Section 63.3521 is amended by adding a sentence to the end of the 
introductory text to read as follows:


Sec.  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.
* * * * *

0
8. Section 63.3522 is amended by revising the second sentence in 
paragraph (c) to read as follows:


Sec.  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 Sec.  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 Sec.  
63.3490, and you used no thinner that contained

[[Page 1384]]

organic HAP, as determined according to Sec.  63.3521(a).
* * * * *

0
9. Section 63.3531 is amended by adding a sentence to the end of the 
introductory text to read as follows:


Sec.  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.
* * * * *

0
10. Section 63.3541 is amended by:
0
a. Adding a sentence to the end of paragraph (a);
0
b. Revising the third sentence and Equation 1 (defined terms) of 
paragraph (h);
0
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
0
d. Revising paragraph (i)(5) to read as follows:


Sec.  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. * * *
* * * * *
H<INF>unc</INF> = Total mass of organic HAP in the coatings and 
thinners used during all deviations specified in Sec.  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 
Sec.  63.3542(c) and (d), using Equation 1C of this section. 
[GRAPHIC] [TIFF OMITTED] TR06JA06.363


Where:

H<INF>unc</INF> = Total mass of organic HAP in the coatings and 
thinners used during all deviations specified in Sec.  63.3542(c) and 
(d) that occurred during the month in the controlled coating operation, 
kg.
Vol<INF>h</INF> = Total volume of coating or thinner, h, used in the 
controlled coating operation during deviations, liters.
D<INF>h</INF> = Density of coating or thinner, h, kg per liter.
W<INF>h</INF> = 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.
* * * * *

0
11. Section 63.3544 is amended by revising the fifth sentence in 
paragraph (b) to read as follows:


Sec.  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.
* * * * *

0
12. Section 63.3546 is amended by revising paragraphs (g)(1) and (g)(2) 
as follows:


Sec.  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 Sec.  
63.3540 and described in Sec. Sec.  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.
0
13. Section 63.3547 is amended by:
0
a. Revising the first sentence of paragraph (a) introductory text,
0
b. Removing the second sentence of paragraph (a)(1), and
0
c. Revising paragraph (b)(1) to read as follows:


Sec.  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.
* * * * *

0
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:


Sec.  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. * * *
* * * * *

0
15. Section 63.3561 is amended by revising the definition of ``capture 
system'' to read as follows:


Sec.  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 flash-off, drying, or 
curing.
* * * * *

0
16. Table 4 to Subpart KKKK of Part 63 is amended by redesignating Item

[[Page 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 Sec.  63.3547(a)(1) and (2) or Sec.  
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 Sec.  63.3546 or 
Sec.  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 Sec.  63.3547(a)(1) and (2) or Sec.  
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 Sec.  63.3546(g).

[FR Doc. 06-70 Filed 1-5-06; 8:45 am]
BILLING CODE 6560-50-P


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