Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20227 

labor monitoring system they intend to 

market. 

II. What is The Environmental Impact 

Of This Rule? 

The agency has determined under 21 

CFR 25.34(b) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Thus, neither 

an environmental assessment nor an 

environmental impact statement is 

required. 

III. What is The Economic Impact Of 

This Rule? 

FDA has examined the impacts of the 

final rule under Executive Order 12866 

and the Regulatory Flexibility Act (5 

U.S.C. 601–612), and the Unfunded 

Mandates Reform Act of 1995 (Public 

Law 104–4). Executive Order 12866 

directs agencies to assess all costs and 

benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity). The agency 

believes that this final rule is not a 

significant regulatory action under the 

Executive order. 

The Regulatory Flexibility Act 

requires agencies to analyze regulatory 

options that would minimize any 

significant impact of a rule on small 

entities. Because classification of this 

device into class II will relieve 

manufacturers of the cost of complying 

with the premarket approval 

requirements of section 515 of the act 

(21 U.S.C. 360e), and may permit small 

potential competitors to enter the 

marketplace by lowering their costs, the 

agency certifies that the final rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

Section 202(a) of the Unfunded 

Mandates Reform Act of 1995 requires 

that agencies prepare a written 

statement, which includes an 

assessment of anticipated costs and 

benefits, before proposing ‘‘any rule that 

includes any Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year.’’ The current threshold 

after adjustment for inflation is $122 

million, using the most current (2005) 

Implicit Price Deflator for the Gross 

Domestic Product. FDA does not expect 

this final rule to result in any 1–year 

expenditure that would meet or exceed 

this amount. 

IV. Does This Final Rule Have 

Federalism Implications? 

FDA has analyzed this final rule in 

accordance with the principles set forth 

in Executive Order 13132. FDA has 

determined that the rule does not 

contain policies 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. Accordingly, the 

agency has concluded that the rule does 

not contain policies that have 

federalism implications as defined in 

the Executive order and, consequently, 

a federalism summary impact statement 

is not required. 

V. How Does This Rule Comply with 

the Paperwork Reduction Act of 1995? 

This final rule contains no collections 

of information. Therefore, clearance by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 is not required. 

VI. What References are on Display? 

The following reference has been 

placed on display in the Division of 

Dockets Management (HFA–305), Food 

and Drug Administration, 5630 Fishers 

Lane, rm. 1061, Rockville, MD 20852, 

and may be seen by interested persons 

between 9 a.m. and 4 p.m., Monday 

through Friday. 

1. Petition from Barnev Ltd., dated October 

15, 2006. 

List of Subjects in 21 CFR Part 884 

Medical devices. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 884 is 

amended as follows: 

PART 884–OBSTETRICAL AND 

GYNECOLOGICAL DEVICES 

■ 1. The authority citation for 21 CFR 

part 884 continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 371. 

■ 2. Section 884.2800 is added to 

subpart C to read as follows: 

§ 884.2800 Computerized Labor 

Monitoring System. 

(a) Identification. A computerized 

labor monitoring system is a system 

intended to continuously measure 

cervical dilation and fetal head descent 

and provide a display that indicates the 

progress of labor. The computerized 

labor monitoring system includes a 

monitor and ultrasound transducers. 

Ultrasound transducers are placed on 

the maternal abdomen and cervix and 

on the fetal scalp to provide the matrix 

of measurements used to produce the 

display. 

(b) Classification. Class II (special 

controls). The special controls are the 

FDA guidance document entitled: 

‘‘Guidance for Industry and Food and 

Drug Administration Staff; Class II 

Special Controls Guidance Document: 

Computerized Labor Monitoring 

Systems.’’ See § 884.1(e) for availability 

of this guidance document. 

Dated: April 13, 2007. 

Linda S. Kahan, 

Deputy Director, Center for Devices and 

Radiological Health. 

[FR Doc. E7–7702 Filed 4–23–07; 8:45 am] 

BILLING CODE 4160–01–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2002–0093; FRL–8304–2] 

RIN 2060–AN10 

National Emission Standards for 

Hazardous Air Pollutants: Surface 

Coating of Automobiles and Light-Duty 

Trucks; National Emission Standards 

for Hazardous Air Pollutants for 

Surface Coating of Plastic Parts and 

Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on amendments to the National 

Emission Standards for Hazardous Air 

Pollutants: Surface Coating of 

Automobiles and Light-Duty Trucks 

(Automobiles and Light-Duty Trucks 

NESHAP) which were promulgated on 

April 26, 2004, under the authority of 

section 112(d) of the Clean Air Act. The 

direct final rule amends provisions in 

the Automobiles and Light-Duty Trucks 

NESHAP to clarify the interaction 

between the Automobiles and LightDuty Trucks NESHAP and the National 

Emission Standards for Hazardous Air 

Pollutants for Surface Coating of Plastic 

Parts and Products (Plastic Parts 

NESHAP), to clarify the meaning of 

certain regulatory provisions, and to 

correct certain errors identified in the 

regulatory text. EPA is also taking direct 

final action on amendments to the 

Plastic Parts NESHAP to clarify that 

screen printing is not subject to that 

rule. 

DATES: The direct final rule is effective 

on June 25, 2007 without further notice, 


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20228 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

unless EPA receives adverse written 

comment or a public hearing is 

requested. If we receive adverse 

comment or a request for a public 

hearing, we will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule, or 

the relevant provisions of this rule, will 

not take effect. Written comments must 

be received on or before May 24, 2007 

unless a public hearing is requested by 

May 4, 2007. If a public hearing is 

requested, written comments must be 

received on or before June 8, 2007. If 

anyone contacts EPA requesting to 

speak at a public hearing, a public 

hearing will be held on May 9, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ–

OAR–2002–0093, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov and 

salman.dave@epa.gov. 

• Fax: (202) 566–1741 and (919) 541–

0246. 

• Mail: U.S. Postal Service, send 

comments to: Air and Radiation Docket 

(6102T), 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: Air and 

Radiation Docket (6102T), EPA West, 

Room 3334, 1301 Constitution Avenue, 

NW., 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. EPA–HQ–OAR–2002–

0093. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, 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 www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

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 www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, 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 the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA West 

Building, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air and Radiation 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact Mr. David 

Salman, EPA, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Coatings and 

Chemicals Group (E143–01), Research 

Triangle Park, NC 27711; telephone 

number (919) 541–0859; fax number 

(919) 541–0246; e-mail address: 

salman.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. This 

direct final rule amends provisions in 

the Automobiles and Light-Duty Trucks 

NESHAP to clarify the interaction 

between the Automobiles and LightDuty Trucks NESHAP and the Plastic 

Parts NESHAP, to clarify the meaning of 

certain regulatory provisions, and to 

correct certain errors identified in the 

regulatory text. The direct final rule also 

amends the Plastic Parts NESHAP to 

clarify that screen printing is not subject 

to that rule. 

However, in the ‘‘Proposed Rules’’

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule if 

adverse comments are received on this 

direct final rule or a public hearing is 

requested, and the direct final rule is, 

therefore, withdrawn. We will not 

institute a second comment period on 

the proposed rule. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this direct final rule, see 

the ADDRESSES section of this document. 

If EPA receives adverse comment or a 

public hearing is requested, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

If we receive adverse comment on a 

distinct provision of this rulemaking, 

we will publish a timely withdrawal in 

the Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn will 

become effective on the date set out 

above, notwithstanding adverse 

comment on any other provision. 

Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include: 


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Category NAICS* 

code Examples of potentially regulated entities 

Industry ............. 336111 Automobile manufacturing. 

336112 Light truck and utility vehicle manufacturing. 

336211 Motor vehicle body manufacturing. 

336120 Heavy duty truck manufacturing. 

323113 Commercial screen printing. 

* 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 of the rule. 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. 

Worldwide Web (WWW). In addition 

to being available in the docket, an 

electronic copy of today’s direct final 

action will also be available on the 

WWW through the Technology Transfer 

Network (TTN). Following the 

Administrator’s signature, a copy of the 

NESHAP 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 at EPA’s Web site provides 

information and technology exchange in 

various areas of air pollution control. 

Public Hearing. If a public hearing is 

held, it will be held at 10 a.m. at the 

EPA’s Environmental Research Center 

Auditorium, Research Triangle Park, 

NC, or at an alternate site nearby. 

Judicial Review. Under section 

307(b)(1) of the Clean Air Act (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 June 25, 2007. 

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 proceeding brought by EPA 

to enforce these requirements. 

Outline. The information presented in 

this preamble is organized as follows: 

I. Background 

II. Amendments 

A. Applicability 

B. Recordkeeping 

C. Electrodeposition Primer 

D. Transfer Efficiency 

E. Equations 

F. Monitoring 

G. Uncounted Capture and Control 

H. Definitions 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility 

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 

On April 26, 2004, we issued the final 

Automobiles and Light-Duty Trucks 

NESHAP (69 FR 22602). The final 

NESHAP established standards to 

control organic hazardous air pollutant 

(HAP) emissions from new and existing 

automobile and light-duty truck surface 

coating operations. This action amends 

the final Automobiles and Light-Duty 

Trucks NESHAP to clarify the 

interaction between that rule and the 

Plastic Parts NESHAP, to clarify the 

meaning of certain regulatory 

provisions, and to correct certain errors 

in the regulatory text. On April 19, 

2004, we issued the final Plastic Parts 

NESHAP (69 FR 20968). The final 

NESHAP established standards to 

control organic hazardous air pollutant 

(HAP) emissions from new and existing 

plastic parts coating operations. Today’s 

action amends the Plastic Parts 

NESHAP to clarify that screen printing 

is not subject to that rule. None of the 

amendments will have any effect on the 

stringency of the rules. 

II. Amendments 

All of the amendments discussed 

below are amendments to the 

Automobiles and Light-Duty Trucks 

NESHAP (40 CFR part 63, subpart IIII), 

except for one amendment to the Plastic 

Parts NESHAP (40 CFR part 63, subpart 

PPPP) which is discussed at the end of 

section II.A. ‘‘Applicability.’’

A. Applicability 

Plastic or composite body parts are 

used in many automobiles and lightduty trucks. These parts are typically 

fabricated (molded, stamped, formed, 

etc.) and prime coated at plastic or 

composites molding facilities, and then 

sent to automobile or light-duty truck 

assembly facilities where they receive 

an additional prime coat and topcoat. 

The coating activities at plastic or 

composites molding facilities were 

considered in the development of the 

Plastic Parts NESHAP (40 CFR part 63, 

subpart PPPP) and are subject to that 

regulation. The coating activities at 

automobile or light-duty truck assembly 

facilities were considered in the 

development of the final Automobiles 

and Light-Duty Trucks NESHAP and are 

subject to that regulation. 

The application of ‘‘topcoat to new 

automobile or new light-duty truck 

bodies or body parts for new 

automobiles or new light-duty trucks’’ is 

used as an applicability criterion in 40 

CFR 63.3081(b) of the final Automobiles 

and Light-Duty Trucks NESHAP. The 

intent of this applicability criterion was 

to keep the coating of plastic or 

composite body parts at plastic or 

composites molding facilities, which is 

subject to the Plastic Parts NESHAP, 

from being subject to the Automobiles 

and Light-Duty Trucks NESHAP. The 

structure of this applicability criterion 

was based on our knowledge, at the 

time, of the application of prime coat to 

plastic or composite body parts at 

plastic or composites molding facilities. 

Specifically, at the time we developed 

the applicability criterion, we were 

unaware of any application of topcoat to 

plastic or composite body parts 

occurring at plastic or composites 

molding facilities. 

We have since learned that there is 

some application of topcoat to plastic or 

composite body parts at plastic or 

composites molding facilities. The 

applicability criterion in 40 CFR 

63.3081(b) of the Automobiles and 

Light-Duty Trucks NESHAP, therefore, 

could have the unintended consequence 

of making coating at plastic and 

composite molding facilities subject to 

Automobiles and Light-Duty Trucks 

NESHAP. We have amended 40 CFR 

63.3081(b) and added a definition of 

‘‘plastic or composites molding facility’’

to clarify that the application of topcoat 

to plastic or composite body parts at a 


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20230 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

plastic or composites molding facility 

does not trigger applicability of this 

subpart as long as all of the body parts 

topcoated at the plastic or composites 

molding facility for use in new 

automobiles or new light-duty trucks 

were fabricated (molded, stamped, 

formed, etc.) at that facility or at another 

plastic or composites molding facility 

with the same owner or operator, none 

of the new vehicles in which these body 

parts are used are assembled at the 

plastic or composites molding facility, 

and the plastic or composites molding 

facility does not topcoat all of the body 

parts for any single new automobile or 

new light-duty truck. 

We are also amending the Plastic 

Parts NESHAP because there has been 

some confusion as to whether that 

NESHAP regulates screen printing. 

Specifically, the definition of the term 

‘‘coating’’ in the Plastic Parts NESHAP 

includes the word ‘‘ink.’’ Some screen 

printing is done on plastic. Screen 

printing on plastic, however, is part of 

the printing and publishing source 

category. The printing and publishing 

source category is addressed in the 

National Emission Standards for the 

Printing and Publishing Industry (40 

CFR part 63, subpart KK). We are, 

therefore, amending 40 CFR 63.4481 of 

the Plastic Parts NESHAP to clarify that 

screen printing is not subject to the 

Plastic Parts NESHAP. 

B. Recordkeeping 

After publication of the final 

Automobiles and Light-Duty Trucks 

NESHAP, a question was raised about 

the types of records required to be kept 

under 40 CFR 63.3130(o). The question 

was whether these records were limited 

to operating instructions, or whether 

other records, such as construction 

blueprints, also needed to be 

maintained. We have amended 40 CFR 

63.3130(o) to clarify that the operating 

instructions for each add-on control 

device and each continuous parameter 

monitoring system must be kept on-site 

for the life of the equipment in a 

location readily available to plant 

operators and inspectors. 

C. Electrodeposition Primer 

An electrodeposition primer tank or 

system typically contains tens of 

thousands of gallons of material. As a 

result, monthly material usage for 

electrodeposition primer is typically 

determined by tracking additions to the 

tank or system over the month. This 

contrasts to other coating operations, 

such as topcoat or primer-surfacer, 

where monthly usage of each material is 

typically determined by tracking 

additions to a small (e.g., 500 gallon) 

day tank over the month and the change 

in the amount of material in the day 

tank from the beginning of the month to 

the end of the month. 

After publication of the final rule, we 

were asked if we could clarify that 

material usage and other parameters 

relevant to electrodeposition primer are 

determined based upon additions to the 

tank or system over the month. We have 

amended 40 CFR 63.3161(e) to clarify 

that for electrodeposition primer the 

mass fraction of organic HAP, density 

and volume of each material used is to 

be determined for each material added 

to the tank or system during the month. 

We have amended 40 CFR 63.3161(f) to 

clarify that for electrodeposition primer 

the volume fraction of coating solids is 

to be determined for each material 

added to the tank or system during the 

month. 

The determination of capture 

efficiency is discussed in 40 CFR 

63.3165 of the final rule. The 

introductory text to 40 CFR 63.3165 of 

the final rule states that a bake oven air 

seal is not considered a natural draft 

opening to a permanent total enclosure 

or a temporary total enclosure provided 

the direction of air movement across the 

interface between the bake oven air seal 

and the bake oven is into the bake oven. 

This includes electrodeposition bake 

oven air seals. Capture of emissions 

from electrodeposition bake ovens is 

also discussed in 40 CFR 63.3171(f) of 

the final rule. After publication of the 

final rule, we were asked if we could 

clarify that electrodeposition bake oven 

air seals were intended to be considered 

in the same manner under 40 CFR 

63.3171(f) as they are considered in 40 

CFR 63.3165 introductory text. We have 

amended 40 CFR 63.3171(f) to clarify 

that an electrodeposition bake oven air 

seal is not considered a natural draft 

opening provided the direction of air 

movement across the interface between 

the bake oven air seal and the bake oven 

is into the bake oven. 

D. Transfer Efficiency 

The final rule requires that transfer 

efficiency be determined for many 

coatings used in automobile or lightduty truck coating operations. The final 

rule states that transfer efficiency may 

be determined using ASTM Method 

D5066–91 (Reapproved 2001), Standard 

Test Method for Determination of the 

Transfer Efficiency Under Production 

Conditions for Spray Application of 

Automotive Paints-Weight Basis 

(incorporated by reference, see 40 CFR 

63.14), or the guidelines presented in 

Protocol for Determining Daily Volatile 

Organic Compound Emission Rate of 

Automobile and Light-Duty Truck 

Topcoat Operations, EPA–450/3–88–018 

(Docket ID No. OAR–2002–0093 and 

Docket ID No. A–2001–22). The final 

rule provides default transfer efficiency 

values for electrodeposition primer 

coatings, glass bonding primers, glass 

bonding adhesives, and final repair 

coatings. The guidelines provide default 

transfer efficiency values for certain 

specialty or low-use coatings such as 

blackout and interior color. 

After publication of the final rule, a 

question was raised about whether the 

default transfer efficiency values in the 

guidelines could be used for chip 

resistant edge primer, lower body antichip coating and underbody anti-chip 

coating. These types of coatings are not 

explicitly mentioned in the guidelines, 

because the guidelines do not discuss 

primer-surfacer operations in detail. We 

believe it is appropriate to apply the 

default transfer efficiency values in the 

guidelines to these types of coatings and 

are amending the rule accordingly. 

Similar to blackout, lower-body antichip coating and chip resistant edge 

primer are applied to relatively small 

areas of the vehicle. Underbody antichip coatings are typically applied with 

efficient airless applicators. Specifically, 

we have amended 40 CFR 63.3161(g) to 

provide default transfer efficiency 

values for these types of coatings. We 

have also added definitions of ‘‘chip 

resistant edge primer,’’ ‘‘lower body 

anti-chip coating,’’ and ‘‘underbody 

anti-chip coating,’’ and revised the 

definitions of ‘‘anti-chip coating,’’

‘‘deadener,’’ and ‘‘primer-surfacer’’ to 

better identify the types of coatings for 

which default transfer efficiency values 

can be used. 

E. Equations 

We have corrected Equation 5 in 40 

CFR 63.3161(l) by removing ‘‘/100’’

from the end of the equation. This 

division by 100 is incorrect because the 

transfer efficiency (TE) is expressed as 

a decimal value rather than as a 

percentage. 

We have revised Equation 4 in 

§ 63.3165(e) by changing the symbol 

‘‘Pi’’ to ‘‘Pv,i’’ to emphasize that the 

panel test result in this equation is 

expressed in mass (kg) of volatile 

organic compounds (VOC) per volume 

(liter) of coating solids deposited. This 

helps distinguish this equation from 

Equation 7 in 40 CFR 63.3165(e) where 

the symbol ‘‘Pm,i’’ is used to emphasize 

that the panel test result in that equation 

is expressed in mass (kg) of VOC per 

mass (kg) of coating solids deposited. 

We have revised the description of the 

symbol ‘‘Wvocc,i’’ in Equations 6 and 7 

in 40 CFR 63.3165(e) to specify that the 

guidelines for combining analytical 


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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20231 

VOC content and formulation solvent 

content are in Section 9 of the Protocol 

for Determining Daily Volatile Organic 

Compound Emission Rate of 

Automobile and Light-Duty Truck 

Coating Operations (Protocol). The 

description of the symbol ‘‘Wvocc,i’’ in 

Equations 6 and 7 in 40 CFR 63.3165(e) 

of the final rule provided only a general 

reference to the Protocol. 

We have corrected Equation 7 in 40 

CFR 63.3165(e) by adding a multiplier 

of ‘‘100’’ to the numerator of the 

equation. This multiplier is needed in 

order for the result of the equation to be 

expressed as a percentage. 

F. Monitoring 

The temperature operating limits for 

thermal oxidizers, catalytic oxidizers 

and condensers are identified as ‘‘3- 

hour’’ operating limits in Table 1 of the 

final rule. The ‘‘3-hour’’ specification 

was inadvertently omitted from 40 CFR 

63.3167(a)(2), (b)(2), and (d)(2) of the 

final rule. We have revised 40 CFR 

63.3167(a)(2), (b)(2), and (d)(2) to clarify 

that these operating limits are 3-hour 

averages. 

Catalyst activity testing and internal 

inspection of the catalyst are specified 

in 40 CFR 63.3167(b)(6) of the final 

Automobiles and Light-Duty Trucks 

rule. Similar specifications are provided 

in 40 CFR 63.4567(b)(4) of the Plastic 

Parts NESHAP. The specifications in the 

Plastic Parts NESHAP include an 

explanation of how to proceed if 

problems are found during annual 

catalyst activity testing or annual 

internal inspection of the catalyst. This 

explanation was inadvertently omitted 

from the final Automobiles and LightDuty Trucks rule. We have revised 40 

CFR 63.3167(b)(6) to explain how to 

proceed if problems are found during 

annual catalyst activity testing or annual 

internal inspection of the catalyst. 

The exceptions provided in 40 CFR 

63.3167(f), for capture devices that are 

part of a PTE or that capture emissions 

from a downdraft spray booth or from a 

flashoff area or bake oven associated 

with a downdraft spray booth, were 

inadvertently omitted from the entry for 

‘‘Emission capture system that is not a 

PTE’’ in Table 1 of the final rule. We 

have revised Table 1 of the final rule to 

make the entry for ‘‘Emission capture 

system that is not a PTE’’ consistent 

with 40 CFR 63.3167(f) of the final rule 

and to correct a typographical error. 

G. Uncounted Capture and Control 

Some facilities have capture systems 

or add-on control devices installed and 

operated to control VOC emissions 

which they do not need to take into 

account in order to demonstrate 

compliance with the emission 

limitations for organic hazardous air 

pollutants in the final rule. After 

publication of the final rule, we were 

asked whether testing and monitoring 

requirements apply to capture systems 

or add-on control devices that are not 

taken into account in demonstrating 

compliance with the emission 

limitations for organic hazardous air 

pollutants in the final rule. Other 

surface coating NESHAP have separate 

compliance demonstration provisions 

for ‘‘emission rate without add-on 

control’’ and ‘‘emission rate with add-on 

control’’. We intended to provide the 

same flexibility in the Automobiles and 

Light-Duty Trucks NESHAP. We, 

therefore, have added new sections 40 

CFR 63.3169 and 40 CFR 63.3174 and 

added a definition of ‘‘controlled 

coating operation’’ to clarify that the 

requirements for capture system or addon control device reporting, 

recordkeeping, performance tests, 

monitoring, operating parameters, 

capture efficiency, add-on control 

device efficiency, destruction efficiency, 

or removal efficiency do not apply to 

capture systems or add-on control 

devices which the owner or operator 

chooses not to take into account when 

demonstrating compliance with the 

applicable emission limitations. If, at a 

later date, the owner or operator decides 

to take any such capture system or addon control device into account when 

demonstrating compliance with the 

emission limitations, then, at that time, 

the owner or operator must comply with 

the reporting, recordkeeping, 

performance tests, monitoring, operating 

parameters, capture efficiency, add-on 

control device efficiency, destruction 

efficiency, or removal efficiency for that 

capture system or add-on control 

device. 

H. Definitions 

In addition to the definition changes 

described above, we have made several 

other changes to the definitions in the 

final rule. After publication of the final 

rule, we were asked if we could clarify 

that ‘‘bake oven air seals’’ may be 

present both on bake ovens associated 

with spray booths and on bake ovens 

associated with electrodeposition 

primer operations. We have revised the 

definition of ‘‘bake oven air seal’’ to 

clarify that both bake ovens associated 

with spray booth and electrodeposition 

primer bake ovens may have bake oven 

air seals. We have also revised the 

definition of ‘‘spray booth air seal’’ to 

make it consistent with the definition of 

‘‘bake oven air seal.’’ The definition of 

‘‘bake oven air seal’’ referred to ‘‘entry 

or entry vestibule to or an exit or exit 

vestibule’’ whereas the definition of 

‘‘spray booth air seal’’ inadvertently 

referred only to ‘‘entry vestibule or exit 

vestibule.’’ We have revised the 

definition of ‘‘touchup bottle’’ to allow 

the container size to be up to 0.25 liters 

and to clarify that the applicator may be 

a brush or other non-atomizing 

applicator. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. OMB has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR part 63, 

subpart IIII) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501, et seq., and has assigned OMB 

control number 2060–0550, EPA ICR 

No. 2045.03. A copy of the Information 

Collection Request (ICR) may be 

obtained from Ms. 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. 

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. 


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20232 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

C. Regulatory Flexibility Analysis 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s direct final rule on small 

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

small business according to Small 

Business Administration size standards 

for companies identified by NAICS 

codes 336111 (automobile 

manufacturing) and 336112 (light truck 

and utility vehicle manufacturing) with 

1,000 or fewer employees or by NAICS 

code 323113 (commercial screen 

printing) with 500 or fewer employees; 

(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. Based on 

the above definition, there are no small 

entities presently engaged in automobile 

and light-duty truck surface coating. 

While there are small entities presently 

engaged in commercial screen printing, 

today’s direct final rule amendments 

would not impose any requirements on 

commercial screen printers. 

After considering the economic 

impacts of the final rule on small 

entities, EPA has concluded and hereby 

certifies that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This is based on the observation that 

this action affects no small entities since 

none are engaged in the surface coating 

of automobiles and light-duty trucks, 

and no requirements are imposed on 

commercial screen printers. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 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 EPA 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 

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 add no additional burden 

on sources. 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 

facilities subject to the direct final rule 

amendments are owned 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 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 to those regulatory actions 

that concern health or safety risks, such 


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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20233 

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 solely on 

technology performance. 

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, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (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 

The direct final rule amendments do 

not involve technical standards. 

Therefore, EPA is not considering the 

use of 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 will be effective 

on June 25, 2007. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, and Reporting and 

recordkeeping requirements. 

Dated: April 18, 2007. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set out in the 

preamble, Title 40, chapter I, part 63 of 

the Code of 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. 

Subpart IIII—[Amended] 

■ 2. Section 63.3081 is amended by 

revising paragraph (b) to read as follows: 

§ 63.3081 Am I subject to this subpart? 

* * * * * 

(b) You are subject to this subpart if 

you own or operate a new, 

reconstructed, or existing affected 

source, as defined in § 63.3082, that, 

except as noted in paragraph (b)(1) of 

this section, is located at a facility 

which applies topcoat to new 

automobile or new light-duty truck 

bodies or body parts for new 

automobiles or new light-duty trucks, 

and that is a major source, is located at 

a major source, or is part of a major 

source of emissions of hazardous air 

pollutants (HAP). You are subject to this 

subpart if you own or operate a new, 

reconstructed, or existing affected 

source, as defined in § 63.3082, in 

which you choose to include, pursuant 

to § 63.3082(c), any coating operations 

which apply coatings to new other 

motor vehicle bodies or body parts for 

new other motor vehicles; parts 

intended for use in new automobiles, 

new light-duty trucks, or new other 

motor vehicles; or aftermarket repair or 

replacement parts for automobiles, lightduty trucks, or other motor vehicles; 

and the affected source is located at a 

facility that is a major source, is located 

at a major source, or is part of a major 

source of emissions of HAP. 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 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. 

(1) You are not subject to this subpart 

if you meet all of the criteria of 

paragraphs (b)(1)(i) through (iii) of this 

section: 

(i) Your coating operation is located at 

a plastic or composites molding facility; 

(ii) All of the body parts topcoated at 

your facility for use in new automobiles 

or new light-duty trucks were fabricated 

(molded, stamped, formed, etc.) at your 

facility or at another plastic or 

composites molding facility which you 

own or operate, and none of the new 

vehicles in which these body parts are 

used are assembled at your facility; and 

(iii) You do not topcoat all of the body 

parts for any single new automobile or 

new light-duty truck at your facility. 

(2) [Reserved] 

* * * * * 

■ 3. Section 63.3130 is amended by 

revising paragraph (o) to read as follows: 

§ 63.3130 What records must I keep? 

* * * * * 

(o) For each add-on control device 

and for each continuous parameter 

monitoring system, a copy of the 

equipment operating instructions must 

be maintained on-site for the life of the 

equipment in a location readily 

available to plant operators and 

inspectors. You may prepare your own 

equipment operating instructions, or 

they may be provided to you by the 

equipment supplier or other third party. 

■ 4. Section 63.3161 is amended by: 

■ a. Revising paragraph (e); 

■ b. Revising paragraph (f) introductory 

text; 

■ c. Adding a new sentence at the end 

of paragraph (g); and 

■ d. Revising paragraph (l) to read as 

follows: 

§ 63.3161 How do I demonstrate initial 

compliance? 

* * * * * 

(e) Determine the mass fraction of 

organic HAP, density, and volume used. 

Follow the procedures specified in 

§ 63.3151(a) through (c) to determine the 

mass fraction of organic HAP and the 

density and volume of each coating and 

thinner used during each month. For 

electrodeposition primer operations, the 

mass fraction of organic HAP, density, 

and volume used must be determined 

for each material added to the tank or 

system during each month. 

(f) Determine the volume fraction of 

coating solids for each coating. You 

must determine the volume fraction of 

coating solids (liter of coating solids per 

liter of coating) for each coating used 

during the compliance period by a test 

or by information provided by the 

supplier or the manufacturer of the 

material, as specified in paragraphs 

(f)(1) and (2) of this section. For 

electrodeposition primer operations, the 

volume fraction of solids must be 

determined for each material added to 

the tank or system during each month. 

If test results obtained according to 

paragraph (f)(1) of this section do not 

agree with the information obtained 

under paragraph (f)(2) of this section, 

the test results will take precedence 

unless, after consultation, the facility 

demonstrates to the satisfaction of the 

enforcement authority that the facility’s 

data are correct. 


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20234 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

(g) * * * For blackout, chip resistant 

edge primer, interior color, in-line 

repair, lower body anti-chip coatings, or 

underbody anti-chip coatings, you may 

assume 40 percent transfer efficiency for 

air atomized spray, 55 percent transfer 

efficiency for electrostatic spray and 

high volume-low pressure spray, and 80 

percent transfer efficiency for airless 

spray. 

* * * * * 

(l) Calculate the total volume of 

coating solids deposited. Determine the 

total volume of coating solids deposited, 

liters, in the combined electrodeposition 

primer, primer-surfacer, topcoat, final 

repair, glass bonding primer, and glass 

bonding adhesive operations plus all 

coatings and thinners, except for 

deadener materials and for adhesive and 

sealer materials that are not components 

of glass bonding systems used in coating 

operations added to the affected source 

pursuant to § 63.3082(c) using Equation 

5 of this section: 

V Vol V TE Eq sdep c s c

i

m

= ( )( )( ) =

∑ ,, , ( . i i i 5) 1

Where: 

Vsdep = Total volume of coating solids 

deposited during the month, liters. 

Volc,i = Total volume of coating, i, used 

during the month, liters. 

Vs,i = Volume fraction of coating solids for 

coating, i, liter solids per liter coating, 

determined according to § 63.3161(f). 

TEc,i = Transfer efficiency of coating, i, 

determined according to § 63.3161(g), 

expressed as a decimal, for example 60 

percent must be expressed as 0.60. 

M = Number of coatings used during the 

month. 

* * * * * 

■ 5. Section 63.3165 is amended by: 

■ a. Revising Equation 4 in paragraph (e) 

introductory text; 

■ b. Revising Equation 6 in paragraph 

(e)(2); and 

■ c. Revising paragraph (e)(3) to read as 

follows: 

§ 63.3165 How do I determine the emission 

capture system efficiency? 

* * * * * 

(e) * * * 

CE P V VOC Eq i v sdep = ( ) , , ( )( )( ) / (. i i i 100 4)

Where: 

CEi = Capture efficiency for coating, i, or for 

the group of coatings, including coating, 

i, for the flash-off area or bake oven for 

which the panel test is conducted, 

percent. 

Pv,i = Panel test result for coating, i, or for the 

coating representing coating, i, in the 

panel test, kg of VOC per liter of coating 

solids deposited. 

Vsdep,i = Volume of coating solids deposited 

per volume of coating used for coating, 

i, or composite volume of coating solids 

deposited per volume of coating used for 

the group of coatings including coating, 

i, in the spray booth(s) preceding the 

flash-off area or bake oven for which the 

panel test is conducted, liter of coating 

solids deposited per liter of coating used, 

from Equation 5 of this section. 

VOCi = Mass of VOC per volume of coating 

for coating, i, or composite mass of VOC 

per volume of coating for the group of 

coatings including coating, i, kg per liter, 

from Equation 6 of this section. 

* * * * * 

(2) * * * 

VOC D Wvoc Eq ic c = ( )( ) , , ( . i i 6)

Where: 

VOCi = Mass of VOC per volume of coating 

for coating, i, or composite mass of VOC 

per volume of coating for the group of 

coatings including coating, i, used 

during the month in the spray booth(s) 

preceding the flash-off area or bake oven 

for which the panel test is conducted, kg 

VOC per liter coating. 

Dc,i = Density of coating, i, or average density 

of the group of coatings, including 

coating, i, kg coating per liter coating, 

density determined according to 

§ 63.3151(b). 

Wvocc,i = Mass fraction of VOC in coating, i, 

or average mass fraction of VOC for the 

group of coatings, including coating, i, kg 

VOC per kg coating, determined by 

Method 24 (appendix A to 40 CFR part 

60) or the guidelines for combining 

analytical VOC content and formulation 

solvent content presented in Section 9 of 

‘‘Protocol for Determining Daily Volatile 

Organic Compound Emission Rate of 

Automobile and Light-Duty Truck 

Topcoat Operations,’’ EPA–450/3–88–

018 (Docket ID No. OAR–2002–0093 and 

Docket ID No. A–2001–22). 

(3) As an alternative, you may choose 

to express the results of your panel tests 

in units of mass of VOC per mass of 

coating solids deposited and convert 

such results to a percent using Equation 

7 of this section. If you panel test 

representative coatings, then you may 

convert the panel test result for each 

representative coating either to a unique 

percent capture efficiency for each 

coating grouped with that representative 

coating by using coating specific values 

for the mass of coating solids deposited 

per mass of coating used, mass fraction 

VOC, transfer efficiency, and mass 

fraction solids in Equations 7 and 8 of 

this section; or to a composite percent 

capture efficiency for the group of 

coatings by using composite values for 

the group of coatings for the mass of 

coating solids deposited per mass of 

coating used and average values for the 

mass of VOC per volume of coating, 

average values for the group of coatings 

for mass fraction VOC, transfer 

efficiency, and mass fraction solids in 

Equations 7 and 8 of this section. If you 

panel test each coating, then you must 

convert the panel test result for each 

coating to a unique percent capture 

efficiency for that coating by using 

coating specific values for the mass of 

coating solids deposited per mass of 

coating used, mass fraction VOC, 

transfer efficiency, and mass fraction 

solids in Equations 7 and 8 of this 

section. Panel test results expressed in 

units of mass of VOC per mass of 

coating solids deposited must be 

converted to percent capture efficiency 

using Equation 7 of this section: 


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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20235 

CE P W Wvoc Eq i m sdep c = ( ) ,, , i i i ( )( ) 100 / (. ( ) 7)

Where: 

CEi = Capture efficiency for coating, i, or for 

the group of coatings including coating, 

i, for the flash-off area or bake oven for 

which the panel test is conducted, 

percent. 

Pm,i = Panel test result for coating, i, or for 

the coating representing coating, i, in the 

panel test, kg of VOC per kg of coating 

solids deposited. 

Wsdep,i = Mass of coating solids deposited per 

mass of coating used for coating, i, or 

composite mass of coating solids 

deposited per mass of coating used for 

the group of coatings, including coating, 

i, in the spray booth(s) preceding the 

flash-off area or bake oven for which the 

panel test is conducted, kg of solids 

deposited per kg of coating used, from 

Equation 8 of this section. 

Wvocc,i = Mass fraction of VOC in coating, i, 

or average mass fraction of VOC for the 

group of coatings, including coating, i, kg 

VOC per kg coating, determined by 

Method 24 (appendix A to 40 CFR part 

60) or the guidelines for combining 

analytical VOC content and formulation 

solvent content presented in Section 9 of 

‘‘Protocol for Determining Daily Volatile 

Organic Compound Emission Rate of 

Automobile and Light-Duty Truck 

Topcoat Operations,’’ EPA–450/3–88–

018 (Docket ID No. OAR–2002–0093 and 

Docket ID No. A–2001–22). 

* * * * * 

■ 6. Section 63.3167 is amended by: 

■ a. Revising the second sentence of 

paragraph (a)(2); 

■ b. Revising paragraph (b)(2); 

■ c. Revising paragraph (b)(6); and 

■ d. Revising the second sentence of 

paragraph (d)(2) to read as follows: 

§ 63.3167 How do I establish the add-on 

control device operating limits during the 

performance test? 

* * * * * 

(a) * * * 

(2) * * * This average combustion 

temperature is the minimum 3-hour 

average operating limit for your thermal 

oxidizer. 

* * * * * 

(b) * * * 

(2) Use all valid data collected during 

the performance test to calculate and 

record the average temperature just 

before the catalyst bed and the average 

temperature difference across the 

catalyst bed maintained during the 

performance test. The minimum 3-hour 

average operating limits for your 

catalytic oxidizer are the average 

temperature just before the catalyst bed 

maintained during the performance test 

of that catalytic oxidizer and 80 percent 

of the average temperature difference 

across the catalyst bed maintained 

during the performance test of that 

catalytic oxidizer, except during periods 

of low production, the latter minimum 

operating limit is to maintain a positive 

temperature gradient across the catalyst 

bed. A low production period is when 

production is less than 80 percent of 

production rate during the performance 

test of that catalytic oxidizer. 

* * * * * 

(6) You must develop and implement 

an inspection and maintenance plan for 

your catalytic oxidizer(s) for which you 

elect to monitor according to paragraph 

(b)(4) or (b)(5) of this section. The plan 

must address, at a minimum, the 

elements specified in paragraphs 

(b)(6)(i) through (iii) of this section. 

(i) Annual sampling and analysis of 

the catalyst activity (i.e., conversion 

efficiency) following the manufacturer’s 

or catalyst supplier’s recommended 

procedures. If problems are found 

during the catalyst activity test, you 

must replace the catalyst bed or take 

other corrective action consistent with 

the manufacturer’s recommendations. 

(ii) Monthly external inspection of the 

catalytic oxidizer system, including the 

burner assembly and fuel supply lines 

for problems and, as necessary, adjust 

the equipment to assure proper air-tofuel mixtures. 

(iii) Annual internal inspection of the 

catalyst bed to check for channeling, 

abrasion, and settling. If problems are 

found during the annual internal 

inspection of the catalyst, you must 

replace the catalyst bed or take other 

corrective action consistent with the 

manufacturer’s recommendations. If the 

catalyst bed is replaced and is not of 

like or better kind and quality as the old 

catalyst, then you must conduct a new 

performance test to determine 

destruction efficiency according to 

§ 63.3166. If a catalyst bed is replaced 

and the replacement catalyst is of like 

or better kind and quality as the old 

catalyst, then a new performance test to 

determine destruction efficiency is not 

required and you may continue to use 

the previously established operating 

limits for that catalytic oxidizer. 

* * * * * 

(d) * * * 

(2) * * * This average condenser 

outlet gas temperature is the maximum 

3-hour average operating limit for your 

condenser. 

* * * * * 

■ 7. Section 63.3169 is added to read as 

follows: 

§ 63.3169 What are the requirements for a 

capture system or add-on control device 

which is not taken into account when 

demonstrating compliance with the 

applicable emission limitations? 

You may have capture systems or 

add-on control devices which you 

choose not to take into account when 

demonstrating compliance with the 

applicable emission limitations. For any 

such capture system or add-on control 

device, you are not required to comply 

with the requirements of §§ 63.3093, 

63.3100, 63.3110, 63.3120, 63.3130, 

63.3131, and 63.3160 through 63.3168 

with regard to notification, reporting, 

recordkeeping, performance tests, 

monitoring, operating parameters, 

capture efficiency, add-on control 

device efficiency, destruction efficiency, 

or removal efficiency. If, at a later date, 

you decide to take any such capture 

system or add-on control device into 

account when demonstrating 

compliance with the emission 

limitations, then at that time you must 

comply with the requirements of 

§§ 63.3093, 63.3100, 63.3110, 63.3120, 

63.3130, 63.3131, and 63.3160 through 

63.3168 with regard to notification, 

recordkeeping, performance tests, 

monitoring, operating parameters, 

capture efficiency, add-on control 

device efficiency, destruction efficiency, 

and removal efficiency, as applicable, 

for that capture system or add-on 

control device. 

■ 8. Section 63.3171 is amended by 

revising paragraph (f) to read as follows: 

§ 63.3171 How do I demonstrate initial 

compliance? 

* * * * * 

(f) Capture of electrodeposition bake 

oven emissions. You must show that the 

electrodeposition bake oven meets the 

criteria in sections 5.3 through 5.5 of 

Method 204 of appendix M to 40 CFR 

part 51 and directs all of the exhaust 

gases from the bake oven to an add-on 

control device. For purposes of this 

showing, an electrodeposition bake 

oven air seal is not considered a natural 

draft opening provided you demonstrate 

that the direction of air movement 

across the interface between the bake 

oven air seal and the bake oven is into 

the bake oven. You may use lightweight 

strips of fabric or paper, or smoke tubes 

to make such demonstrations. You 

cannot count air flowing from an 

electrodeposition bake oven air seal into 

an electrodeposition bake oven as air 

flowing through a natural draft opening 

unless you elect to treat that 


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20236 Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 

electrodeposition bake oven air seal as 

a natural draft opening. 

* * * * * 

■ 9. Section 63.3174 is added to read as 

follows: 

§ 63.3174 What are the requirements for a 

capture system or add-on control device 

which is not taken into account when 

demonstrating compliance with the 

applicable emission limitations? 

You may have capture systems or 

add-on control devices which you 

choose not to take into account when 

demonstrating compliance with the 

applicable emission limitations. For any 

such capture system or add-on control 

device, you are not required to comply 

with the requirements of §§ 63.3093, 

63.3100, 63.3110, 63.3120, 63.3130, 

63.3131, and 63.3160 through 63.3168 

with regard to notification, reporting, 

recordkeeping, performance tests, 

monitoring, operating parameters, 

capture efficiency, add-on control 

device efficiency, destruction efficiency, 

or removal efficiency. If, at a later date, 

you decide to take any such capture 

system or add-on control device into 

account when demonstrating 

compliance with the emission 

limitations, then at that time you must 

comply with the requirements of 

§§ 63.3093, 63.3100, 63.3110, 63.3120, 

63.3130, 63.3131, and 63.3160 through 

63.3168 with regard to notification, 

reporting, recordkeeping, performance 

tests, monitoring, operating parameters, 

capture efficiency, add-on control 

device efficiency, destruction efficiency, 

and removal efficiency, as applicable, 

for that capture system or add-on 

control device. 

■ 10. Section 63.3176 is amended by: 

■ a. Revising the definitions of ‘‘Antichip coating,’’ ‘‘Bake oven air seal,’’

‘‘Controlled coating operation,’’

‘‘Deadener,’’ ‘‘In-line repair,’’ ‘‘Primersurfacer,’’ ‘‘Spray booth air seal,’’ and 

‘‘Touchup bottle.’’

■ b. Adding in alphabetical order 

definitions of ‘‘Chip resistant edge 

primer,’’ ‘‘Lower body anti-chip 

coating,’’ ‘‘Plastic or composites 

molding facility,’’ and ‘‘Underbody antichip coating’’ to read as follows: 

§ 63.3176 What definitions apply to this 

subpart? 

* * * * * 

Anti-chip coating means a specialty 

type of coating designed to reduce stone 

chipping damage. Anti-chip coating 

may be applied to broad areas of the 

vehicle or to selected vehicle surfaces 

that are most vulnerable to impingement 

by stones and other road debris. Antichip coating is typically applied after 

the electrodeposition primer and before 

the topcoat. Anti-chip coating is a type 

of primer-surfacer. 

* * * * * 

Bake oven air seal means an entry or 

entry vestibule to or an exit or exit 

vestibule from a bake oven which 

isolates the bake oven from the area 

immediately preceding (for an entry or 

entry vestibule) or immediately 

following (for an exit or exit vestibule) 

the bake oven. No significant VOC 

generating activity takes place in a bake 

oven air seal. Fresh air is supplied into 

a bake oven air seal and is then directed 

in part into the bake oven and in part 

into the area immediately preceding or 

immediately following the bake oven. 

All types of bake ovens, including ovens 

associated with spray booths and 

electrodeposition primer bake ovens, 

may have bake oven air seals. 

* * * * * 

Chip resistant edge primer means an 

anti-chip coating applied to the leading 

edge of parts such as the hood or roof. 

* * * * * 

Controlled coating operation means a 

coating operation from which some or 

all of the organic HAP emissions are 

routed through a capture system and an 

add-on control device which are taken 

into account when demonstrating 

compliance with an emission limitation 

in this subpart. 

* * * * * 

Deadener means a specialty coating 

applied to selected vehicle surfaces 

primarily for the purpose of reducing 

the sound of road noise in the passenger 

compartment. 

* * * * * 

In-line repair means the operation 

performed and coating(s) applied to 

correct damage or imperfections in the 

topcoat on parts that are not yet on a 

completely assembled motor vehicle. 

The curing of the coatingspplied in 

these operations is accomplished at 

essentially the same temperature as that 

used for curing the previously applied 

topcoat. Also referred to as high bake 

repair or high bake reprocess. In-line 

repair is considered part of the topcoat 

operation. 

* * * * * 

Lower body anti-chip coating means 

an anti-chip coating applied to lower 

body surfaces such as rocker panels, 

valence panels, lower portions of doors, 

or lower portions of fenders. 

* * * * * 

Plastic or composites molding facility 

means a facility where the purchase cost 

of capital equipment used for plastic or 

composites molding, including presses, 

tooling, and associated material 

processing and handling equipment, is 

greater than the purchase cost of capital 

equipment used for the surface coating 

of new automobile or new light-duty 

truck bodies or body parts for new 

automobiles or new light-duty trucks. 

Primer-surfacer means an 

intermediate protective coating applied 

on the electrodeposition primer and 

under the topcoat. Primer-surfacer 

provides adhesion, protection, and 

appearance properties to the total finish. 

Primer-surfacer may also be called guide 

coat or surfacer. 

Anti-chip coating is a type of primersurfacer. 

* * * * * 

Spray booth air seal means an entry 

or entry vestibule to or exit or exit 

vestibule from a spray booth which 

isolates the spray booth from the area 

immediately preceding (for an entry or 

entry vestibule) or immediately 

following (for an exit or exit vestibule) 

the spray booth. No coating application 

or other VOC generating activity takes 

place in a spray booth air seal. Fresh air 

is supplied into a spray booth air seal 

and is then directed in part into the 

spray booth and in part into the area 

immediately preceding or immediately 

following the spray booth. 

* * * * * 

Touchup bottle means a coating 

container with a volume of 0.25 liter or 

less used with a brush or other nonatomizing applicator. 

* * * * * 

Underbody anti-chip coating means 

an anti-chip coating applied to the 

underbody or wheel wells primarily for 

the purpose of protecting these areas of 

the vehicle from stone chipping. 

* * * * * 

■ 11. Table 1 to subpart IIII of part 63 

is amended by revising entry 7 to read 

as follows: 


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Federal Register / Vol. 72, No. 78 / Tuesday April 24, 2007 / Rules and Regulations 20237 

TABLE 1 TO SUBPART IIII OF PART 63—OPERATING LIMITS FOR CAPTURE SYSTEMS AND ADD-ON CONTROL DEVICES

* * * * * * 

For the following device 

* * * You must meet the following operating limit * * * And you must demonstrate continuous compliance with the operating limit by 

******

7. Emission capture system 

that is not a PTE.

a. The average gas volumetric flow rate or duct static 

pressure in each duct between a capture device and 

add-on control device inlet in any 3-hour period must 

not fall below the average volumetric flow rate or 

duct static pressure limit established for that capture 

device according to § 63.3167(f). This applies only to 

capture devices that are not part of a PTE that meets 

the criteria of § 63.3165(a) and that are not capturing 

emissions from a downdraft spray booth or from a 

flashoff area or bake oven associated with a 

downdraft spray booth.

i. Collecting the gas volumetric flow rate or duct static 

pressure for each capture device according to 

§ 63.3168(g); ii. Reducing the data to 3-hour block 

averages; and iii. Maintaining the 3-hour average gas 

volumetric flow rate or duct static pressure for each 

capture device at or above the gas volumetric flow 

rate or duct static pressure limit. 

Subpart PPPP—[Amended] 

■ 12. Section 63.4481 is amended by 

revising paragraph (c) introductory text 

and adding paragraph (c)(17) to read as 

follows: 

§ 63.4481 Am I subject to this subpart? 

* * * * * 

(c) This subpart does not apply to 

surface coating or a coating operation 

that meets any of the criteria of 

paragraphs (c)(1) through (17) of this 

section. 

* * * * * 

(17) Screen printing. 

* * * * * 

[FR Doc. E7–7760 Filed 4–23–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2006–0841; FRL–8304–1] 

RIN 2060–A034 

Regulation of Fuels and Fuel 

Additives: Extension of the 

Reformulated Gasoline Program to 

Illinois Portion of the St. Louis, IllinoisMissouri Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under section 211(k)(6) of the 

Clean Air Act, the Administrator of EPA 

shall require the sale of reformulated 

gasoline (RFG) in an ozone 

nonattainment area classified as 

marginal, moderate, serious or severe 

upon the application of the Governor of 

the state in which the nonattainment 

area is located. This final action extends 

the Act’s prohibition against the sale of 

conventional gasoline (i.e., gasoline that 

is not RFG) to the Illinois portion of the 

St. Louis, Illinois-Missouri moderate 

ozone nonattainment area. The Agency 

will implement this prohibition for 

refiners and all other persons in the fuel 

distribution system other than retailers 

and wholesale purchaser-consumers on 

June 1, 2007. For retailers and wholesale 

purchaser-consumers, EPA’s final action 

implements the prohibition on July 1, 

2007. As of the compliance date for 

retailers and wholesale purchaserconsumers, this area will be treated as 

a covered area for all purposes of the 

Federal RFG program. 

DATES: This final rule is effective April 

20, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2006–0841. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 through 

http://www.regulations.gov or in hard 

copy at the Air Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566–

1742. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Gustafson, Transportation and Regional 

Programs Division (Mail Code 6406J), 

Environmental Protection Agency, 1200 

Pennsylvania Ave, NW., Washington, 

DC 20460; telephone number: 202–343–

9219; fax number: 202–343–2800; e-mail 

address: gustafson.kurt@epa.gov. 

SUPPLEMENTARY INFORMATION: Under 

section 211(k)(6) of the Clean Air Act, 

as amended (Act), the Administrator of 

EPA must require the sale of 

reformulated gasoline in an ozone 

nonattainment area classified as 

Marginal, Moderate, Serious, or Severe 

upon the application of the governor of 

the state in which the nonattainment 

area is located. This final action extends 

the prohibition set forth in section 

211(k)(5) against the sale of 

conventional (i.e., non-reformulated) 

gasoline to the Illinois portion of the St. 

Louis, Illinois-Missouri moderate ozone 

nonattainment area. For all persons 

other than retailers and wholesale 

purchaser-consumers (i.e., refiners, 

importers,and distributors), this rule 

establishes the implementation date of 

the prohibition in Section 211(k)(5) as 

June 1, 2007. For retailers and wholesale 

purchaser-consumers, this rule 

establishes the implementation date of 

the prohibition in section 211(k)(5) on 

July 1, 2007. As of the implementation 

date for retailers and wholesale 

purchaser-consumers, the Illinois 

portion of the St. Louis, IllinoisMissouri ozone nonattainment area will 

be a covered area for all purposes in the 

Federal RFG program. The final preamble and regulatory 

language are also available 

electronically from the Federal Register 

Web site or via the docket at the 

http://www.regulations.gov site listed 

above. 

General Information 

Does This Action Apply to Me? 

This action may affect you if you 

produce, distribute, or sell gasoline for 

use in the Illinois portion of the St. 

Louis, Illinois-Missouri ozone 

nonattainment area. 

The table below gives some examples 

of entities that may have to comply with 

the regulations. However, since these 

are only examples, you should carefully 

examine these and other existing 

regulations in 40 CFR part 80. If you 

have any questions, please contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section above. 


ycherry on PROD1PC64 with RULES