50118 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2003–0003; FRL–7957–7] 

RIN 2060–AM23 

National Emissions Standards for 

Hazardous Air Pollutants: Reinforced 

Plastic Composites Production

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule; amendments.

SUMMARY: The EPA is taking direct final 

action on amendments to the national 

emissions standards for hazardous air 

pollutants (NESHAP) for reinforced 

plastic composites production which 

were issued April 12, 2003, under 

section 112 of the Clean Air Act (CAA). 

The direct final amendments revise 

compliance options for open molding, 

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 reinforced plastic 

composites production if adverse 

comments are filed.

DATES: The direct final rule is effective 

on October 24, 2005 without further 

notice, unless EPA receives adverse 

written comment by September 26, 2005 

or if a public hearing is requested by 

September 6, 2005. If adverse comments 

are received, EPA will publish a timely 

withdrawal in the Federal Register

indicating which provisions will 

become effective and which provisions 

are being withdrawn due to adverse 

comment.

ADDRESSES: Submit your comments, 

identified by Docket ID No. OAR–2003–

0003, by one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: a-and-r-docket@epa.gov and 

barnett.keith@epa.gov. 

• Fax: (202) 566–1741 and (919) 541–

5600. 

• Mail: U.S. Postal Service, send 

comments to: HQ EPA Docket Center 

(6102T), Attention Docket ID No. OAR–

2003–0003, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Please 

include a total of two copies. We request 

that you also send a separate copy of 

each comment to the contact person 

listed below (see FOR FURTHER

INFORMATION CONTACT).

• Hand Delivery: In person or by 

courier, deliver comments to: HQ EPA 

Docket Center (6102T), Attention Docket 

ID No. OAR–2003–0003, 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. 

Instructions: Direct your comments to 

Docket ID No. OAR–2003–0003. 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://

www.epa.gov/edocket, 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–

0003, Research Triangle Park, NC 27711. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

The EPA EDOCKET and the Federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

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

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. 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 HQ EPA Docket Center, 

Docket ID No. OAR–2003–0003, 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 HQ 

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. Keith 

Barnett, EPA, Office of Air Quality 

Planning and Standards, Emission 

Standards Division, Minerals and 

Inorganic Chemicals Group (C504–05), 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541–

5605; fax number (919) 541–5600; email address: barnett.keith@epa.gov.

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Categories and 

entities potentially regulated by this 

action include:

Category NAICS code1 Examples of regulated entities 

Industry ............................. 325211, 326122, 325991, 326191, 327991, 327993, 

332998, 33312, 33651, 335311, 335313, 335312, 

33422, 336211, 336112, 336211, 33651, 33635, 

336399, 33612, 336213, 336413; and 336214.

Reinforced plastic composites production facilities that 

manufacture intermediate and/or final products using 

styrene containing thermoset resins and gel coats. 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50119

Category NAICS code1 Examples of regulated entities 

Federal Government ........ ........................................................................................... Federally owned facilities that manufacture intermediate 

and/or final products using styrene containing 

thermoset resins and gel coats. 

1 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 63.5785 

and 40 CFR 63.5787 of the final 

NESHAP. 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 final NESHAP 

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 

provides information and technology 

exchange in various areas of air 

pollution control. 

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 notice, we are 

publishing a separate document that 

will serve as the proposal to amend the 

NESHAP for reinforced plastic 

composites production 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 

provisions will become effective, and 

which provisions 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 U.S. Court of Appeals for 

the District of Columbia Circuit by 

October 24, 2005. Under section 

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

objection to the direct final rule 

amendments that 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 

proceeding brought by EPA to enforce 

these requirements. 

Outline. The information presented in 

this preamble is organized as follows:

I. Background 

II. Amendments to 40 CFR Part 63, Subpart 

WWWW 

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 

The EPA promulgated NESHAP for 

reinforced plastic composites 

production on April 21, 2003. The final 

rule (40 CFR part 63, subpart WWWW) 

includes standards for hazardous air 

pollutants (HAP), as well as monitoring, 

performance testing, recordkeeping, and 

reporting requirements related to those 

standards. After promulgation of the 

rule, EPA received numerous questions 

relating to rule interpretation. The 

questions pointed out minor 

inconsistencies in some of the tables 

and the rule language, areas where the 

rule requirements were not clear, and 

restrictions that would preclude most 

facilities using the least burdensome 

open molding compliance option. 

Today’s action includes direct final rule 

amendments that resolve 

inconsistencies, clarify language, and 

add additional compliance flexibility. 

None of the amendments will have any 

discernable effect on the stringency of 

the rule.

II. Amendments to 40 CFR Part 63, 

Subpart WWWW 

This subpart applies to facilities that 

manufacture reinforced plastic 

composites and are located at major 

sources of hazardous air pollutants. For 

more information on rule applicability 

see 40 CFR 63.5785. 

The EPA received numerous 

questions relating to rule requirements 

for polymer casting and closed molding 

operations. These operations were 

mentioned in the rule or rule preamble 

so it would be clear that they were 

covered by the rule. However, we did 

not list any requirements for these 

operations in the rule, except for 

compression/injection closed molding 

which has a work practice requirement. 

In order to make it clear these 

operations have no requirements, 

polymer casting and closed molding 

operations (except for compression/

injection molding) have been added to 

the list of operations with no 

requirements in 40 CFR 63.5790(c). We 

also added language to that paragraph to 

clarify that though certain operations 

have no requirements, any requirements 

that apply to co-located operations are 

not affected. 

A question was raised concerning area 

sources that commenced construction 

prior to August 2, 2002, but did not 

become a major source until after 

August 2, 2002. The final rule language 

in 40 CFR 63.5795(a)(2) appears to 

imply that any area source that became 

major due to an expansion or other type 

of construction after August 2, 2002, 

would be considered a new source 

because it was not an affected source 

prior to commencing construction. Our 

intent was that any existing source 

would not become a new source as the 

result of reconstruction. Therefore, we 

are changing the sentence ‘‘You 

commence construction, and no other 

reinforced plastic composites 

production affected source exists at that 

site’’ by removing the word affected 

from the sentence. The new language 

will now read ‘‘You commence 

construction, and no other reinforced 

plastic composites production source 

exists at that site.’’ Therefore, it will 

50120 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

now be clear that an area source that 

existed prior to August 3, 2002 will not 

be considered a new source once it 

becomes major due to an expansion or 

other type of reconstruction. 

In 40 CFR 63.5799, the first sentence 

of paragraph (a) refers to paragraphs (b) 

and (d) of 40 CFR 63.5805. Paragraph (b) 

of 40 CFR 63.5805 discusses existing 

source requirements. We should have 

referenced paragraph (c) of 40 CFR 

63.5805, which discusses requirements 

for new facilities. We have changed the 

rule text to correct this. 

Also in 40 CFR 63.5799(b), we 

included a sentence that stated ‘‘If an 

existing facility has accepted an 

enforceable permit limit of less than 100 

tons per year of HAP, and can 

demonstrate that they will operate at 

that level subsequent to the compliance 

date, then they can be deemed to be 

below the 100 tons per year (tpy) 

threshold.’’ We received a comment that 

this sentence implies that a facility that 

used process controls could not use a 

permit limit of 100 tons per year (tpy) 

to demonstrate they were below the 100 

tpy threshold. Our intent was that any 

facility that could demonstrate, through 

its permit requirements, that it would be 

below the 100 tpy threshold would not 

have to perform emission calculations. 

Therefore, we have changed the 

sentence to read ‘‘If an existing facility 

has accepted an enforceable permit limit 

that would result in emissions of less 

than 100 tpy of HAP measured prior to 

any add-on controls, and can 

demonstrate that they will operate at 

that level subsequent to the compliance 

date, they can be deemed to be below 

the 100 tpy threshold.’’ This should 

make it clear that both restricted 

operation hours and use of process 

controls are acceptable methods to 

demonstrate through permit 

requirements that the facility will not 

meet nor exceed the 100 tpy threshold.

We received numerous questions 

concerning 40 CFR 63.5805, specifically 

concerning when the 95 percent control 

requirement applied to existing sources, 

and which operations were potentially 

subject to 95 percent control. We have 

revised the wording of 40 CFR 63.5805 

to make it more clear by changing 

paragraphs (a) and (b). Paragraph 40 

CFR 63.5805(a) now discusses only the 

limits applicable to centrifugal casting 

and continuous lamination/casting 

operations, rather that all operations at 

existing sources. Paragraph 40 CFR 

63.5805(b) discusses all operations at 

existing sources not covered in 

paragraph 40 CFR 63.5805(a). No 

requirements have changed as result of 

this revision. 

We received several questions relating 

to the values for the highest organic 

HAP content for compliant materials 

shown in Table 3 to subpart WWWW of 

part 63. In one case, a local regulatory 

agency wanted to write the organic HAP 

limits in Table 3 to subpart WWWW as 

absolute permit limits. In another case, 

someone interpreted the organic HAP 

limits as absolute limits not to be 

exceeded. 

The purpose of the highest organic 

HAP content for compliant materials 

shown in Table 3 to subpart WWWW 

was only to provide examples of 

compliant materials, and these values 

are not emission limits or HAP content 

limits. The actual emission limits are 

the pounds per ton (lb/ton) limits in the 

third column of Table 3 to subpart 

WWWW. If you meet the lb/ton limits 

in the third column of Table 3 to 

subpart WWWW, you are in 

compliance, regardless of the HAP 

content of the resin or gel coat. 

In order to clarify our intent, we have 

removed the fourth column from Table 

3 to subpart WWWW and reorganized 

the discussion of compliance options in 

40 CFR 63.5810. Paragraph (a) of 40 CFR 

63.5810 now covers how to determine if 

a specific resin or gel coat, as applied, 

meets its applicable emission limit. 

Paragraph (b) of 40 CFR 63.5810 covers 

averaging within each individual 

combination of operation type and resin 

application method or gel coat type. 

Paragraph (c) of 40 CFR 63.5810 covers 

demonstrating compliance using a 

weighted average emission limit. 

Paragraph (d) of 40 CFR 63.5810 covers 

options where you can meet the organic 

HAP emissions limit for one resin 

application method and use the same 

resin for all application methods of that 

resin type. 

After promulgation, it was pointed 

out to EPA that for a facility to be able 

to use the compliant materials 

compliance option, all materials would 

have to be compliant. Therefore, even if 

a facility used numerous resin and gel 

coats, having one noncompliant 

material would require all materials be 

included in some type of averaging. 

This would not result in any additional 

emissions reductions, but would 

increase the amount of reporting and 

recordkeeping. 

A second comment concerned the use 

of the term ‘‘compliant materials.’’ It 

was pointed out that it is the 

combination of a specific resin or gel 

coat, the application method, and 

controls that determine compliance, not 

the resin or gel coat alone. For example, 

a 38 percent HAP resin applied with 

nonatomized spray has an emission 

factor that is below its corresponding 

emission limit and, therefore, would 

comply with its applicable emission 

limit. However, if the same resin is 

applied manually, its emission factor 

would be above its corresponding 

emission limit, and to comply with the 

rule, this combination of resin and 

application method would have to be 

averaged with other operations. This 

specific resin, as applied, complies in 

one case, but not the other. Therefore, 

using the term compliant materials is 

misleading. 

For this reason, we have modified 40 

CFR 63.5810 to clarify that when a 

specific resin or gel coat, as applied, 

meets the applicable emission limit, 

then it is in compliance, and we have 

dropped the term compliant materials 

from the rule. We are also modifying the 

rule to allow facilities to both 

demonstrate compliance for some resins 

and gel coats using averaging, and that 

some individual resins and gel coats, as 

applied, comply with their emission 

limits. This change will have no impact 

on the actual rule limits and should 

result in no change in HAP emissions, 

but may reduce the required reporting 

and recordkeeping. We have also 

revised paragraph (d) of 40 CFR 

63.5895, which discusses collecting data 

to demonstrate continuous compliance, 

to reflect this change in compliance 

options. We are limiting this flexibility 

for a specific resin or gel coat to state 

that if a specific resin or gel coat is 

being used in any averaging 

calculations, then all of that specific 

resin or gel coat resin must be part of 

averaging, even if the resin, as applied, 

would meet its applicable emission 

limit. You must collect resin use data 

for any resin or gel coat that is involved 

in averaging.

In paragraph (a) of 40 CFR 63.5810, 

we state that you may demonstrate 

compliance for an individual resin or 

gel coat based on the HAP content, 

application method, and any controls 

that reduce its emission factor. As an 

example, a non-corrosion resistant/high 

strength (non-CR/HS) resin with an 

organic HAP content of 38 percent, 

applied using nonatomized spray, 

would have an emission factor of 86 lb/

ton calculated using Equation 1.c.i of 

table 1 to subpart WWWW of part 63. 

The emission limit for this operation as 

shown in table 3 to subpart WWWW of 

part 63 is 88 lb/ton. Therefore, this 

resin, as applied, complies with its 

emission limit. If the facility switches to 

atomized resin application, the emission 

factor would change to 183 lb/ton, and 

the resin would not comply with its 

emission limit. 

A second example of demonstrating 

compliance for an individual resin or 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50121

gel coat would be a 41 percent HAP 

resin that contains a vapor suppressant 

with a vapor suppressant effectiveness 

factor of 0.5 applied using nonatomized 

spray. The emission factor calculated 

using Equation 1.c.i from table 1 to 

subpart WWWW of part 63 would be 

74.2 lb/ton. This is below the emission 

limit of 88 lb/ton. Therefore, this resin, 

as applied complies with its emission 

limit as long as nonatomized 

mechanical application and vapor 

suppressant continue to be used. 

If a facility required to meet the limits 

in table 3 to subpart WWWW of part 63 

has some type of add-on control, the 

control efficiency may be used to show 

compliance. For example, a facility that 

uses a 35 percent HAP white gel coat 

with atomized spray has an emission 

factor of 335.5 lb/ton, which is above 

the allowable emission limit of 267 lb/

ton. Therefore, this gel coat, as applied, 

does not comply with its emission limit. 

However, if the facility controlled the 

gel coat spray booth emissions by 47.5 

percent overall (50 percent capture 

efficiency and 95 percent control), the 

emission factor would now be 176 lb/

ton, and the gel coat does comply. This 

would require that the facility 

demonstrate the capture and control 

efficiency using the appropriate test 

methods in the NESHAP. 

We have also added a paragraph (d)(4) 

to 40 CFR 63.5810 that states if a facility 

elects to comply using the option in 

paragraph (d) of 40 CFR 63.5810 and 

uses resins that meet the organic HAP 

limits in table 7 to subpart WWWW of 

part 63, then those individual resins 

would be considered to be in 

compliance, and resin use records are 

not required. 

A commenter stated that some 

pultrusion machines have multiple 

preform and pre-wet areas prior to the 

die. This configuration is incompatible 

with the language of 40 CFR 

63.5830(b)(4) because this language 

would only be correct for one pre-wet 

area. Therefore, we have revised the 

language so multiple preform and prewet areas can be used. This change does 

not affect the total amount of area 

allowed to be open and should not have 

any impact on control effectiveness. 

A commenter stated that some direct 

die injection systems do not recycle 

resin drip directly back to the resin 

injection chamber. It is recycled back to 

the process. We agree that recycling the 

resin back to the process would result 

in no additional emissions and have 

modified the description of direct die 

injection in 40 CFR 63.5830(c)(3) to 

reflect this.

Another commenter stated that they 

manufactured large pultruded parts that 

currently do not meet the large parts 

definition of 1,000 reinforcements and a 

cross sectional area of 60 inches or more 

shown in footnote 6 of table 3 to subpart 

WWWW of part 63. These parts were 

well over 60 inches of cross sectional 

area but contain large roving and 

stitched fabrics for reinforcement. They 

maintained that these parts should be 

included in the large parts definition 

because the factors we used to 

determine what made a part large, i.e., 

part size and complexity, were as 

relevant here as they would be if they 

replaced the fabric and larger roving 

with a smaller roving and more 

individual reinforcements to meet the 

1,000 reinforcement requirement. 

We agree with this comment and have 

changed the definition of large 

pultruded parts for existing pultrusion 

operations in footnote 6 to table 3 of 

subpart WWWW of part 63 to 60 square 

inches or more and 1,000 

reinforcements, or 60 square inches or 

more and the glass equivalent of 1,000 

ends of 113 yield roving. This change 

also includes correcting the cross 

sectional measure to 60 square inches, 

not 60 inches. We also made 

corresponding changes to item 9 of table 

9 to subpart WWWW of part 63. 

We received a comment that equation 

2 in 40 CFR 63.5885 was in error 

because, based on the definition of 

uncontrolled wet-out area organic HAP 

emissions, the equation did not account 

for emissions that are captured and 

vented to a control device. We agreed 

with this comment and have revised 

equations 2 and 3 of 40 CFR 63.5885 to 

account for all emissions generated in 

the wet-out areas. 

A commenter noted that we did not 

specify how a source was to report 

changing compliance options. We have 

added paragraph (i) to 40 CFR 63.5910 

that requires the source to state if they 

changed compliance options in their 

next compliance report. 

We made several corrections to the 

definitions in 40 CFR 63.5935 in 

response to comments. In the definition 

for ‘‘high performance gel coat,’’ we had 

listed the National Science Foundation 

as a source of property testing 

standards. This should have been the 

National Sanitation Foundation. We 

changed the definition of ‘‘mixing’’ to 

include mixing of putties or polyputties. 

In the definition for ‘‘neat resin plus,’’ 

we had left the word ‘‘plus’’ out of the 

last sentence. In the definition of 

‘‘polymer casting,’’ a commenter noted 

that sometimes polymer casters vibrate 

or smooth the material. We added 

language to the ‘‘polymer casting’’ 

definition to make it clear that vibrating 

or smoothing the resin is not considered 

rolling out or working the resin. 

We made several changes to table 1 to 

subpart WWWW of part 63. We 

corrected a typographical error in the 

column numbering. We also corrected 

equation 1.f where we had an error on 

the first term of the equation and added 

a new equation to calculate emissions 

from atomized spray gel coat using 

robotic or automated spray. Finally, we 

added a footnote to table 1 to subpart 

WWWW of part 63 stating that the 

equations presented are intended for use 

to determine compliance with the rule 

and do not preclude the use of other 

emission factors to calculate emissions 

for other purposes, such as reports 

required by their title V permit. The 

reason for this change was an industry 

concern that State and local regulators 

were requiring sources to use the 

equations in table 1 to subpart WWWW 

of part 63 in lieu of potentially more 

accurate factors. However, this footnote 

does not preclude a facility from using 

the equations in table 1 to subpart 

WWWW of part 63 if these equations are 

deemed to be the most accurate 

available.

Several changes were made to table 3 

to subpart WWWW of part 63 based on 

comments and questions received after 

promulgation of the final rule. We 

received a comment that for three of the 

operations in table 1 to subpart WWWW 

of part 63, substituting the value for the 

highest HAP content for a compliant 

resin in column four into the equations 

in table 1 to subpart WWWW of part 63 

resulted in a calculated emission factor 

that was above the corresponding 

emission limit. This should not happen 

if the resin or gel coat is considered 

compliant. On further review, we 

discovered that the error was due to the 

way we rounded the calculations during 

floor development. As a result, the 

facilities that set the floor for these three 

operations would not be in compliance. 

We do not believe that the rounding 

procedure should result in a floorsetting facility to now be out of 

compliance with the floor. Therefore, 

we changed the rounding technique 

used to calculate the emission limits for 

the open molding operations in table 3 

to subpart WWWW of part 63. The 

result was the emission limits for the 

three operations noted by the 

commenter changed slightly. The limit 

for open molding, CR/HS resins, 

mechanical resin application changed 

from 112 to 113 lb/ton. The emission 

limit for non-CR/HS resin, mechanical 

resin changed from 87 to 88 lb/ton. The 

emission limit for open molding, tooling 

gel coat changed from 437 to 440 lb/ton. 

These changes will not affect the costs 

50122 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

of compliance or emissions reductions 

of the rule. The changes simply make 

the floor emission limits consistent with 

the facilities setting the floors. The 

changes in table 3 to subpart WWWW 

of part 63 also slightly changed the 

calculated maximum HAP content for 

these processes shown in table 7 to 

subpart WWWW of part 63, and we 

have updated table 7 to subpart 

WWWW of part 63 to reflect the changes 

in table 3 to subpart WWWW of part 63. 

One commenter stated that regulated 

sources were confused on which 

emission limit to use for shrinkage 

controlled resins when the resin is used 

to make tools. We added a footnote to 

clarify that a shrinkage controlled resin 

is subject to the emission limits in item 

5 of table 3 to subpart WWWW of part 

63 regardless of whether it is used as a 

tooling or a production resin. 

In table 3 to subpart WWWW of part 

63 we did not have emission limits for 

manually applied gel coat because we 

did not have data to develop specific 

limits. In the footnotes, we stated that 

for compliance purposes, manually 

applied gel coat should be treated as if 

it were applied using spray guns. In 

table 1 to subpart WWWW of part 63, 

we had an equation to calculate an 

emission factor for manual gel coat 

application, but we stated not to use the 

equation for compliance purposes. We 

believe this has caused some confusion. 

Therefore, we have removed the manual 

gel coat equation from table 1 to subpart 

WWWW of part 63 because this 

equation is not necessary to show 

compliance with the NESHAP. We have 

also revised the footnote concerning 

manual gel coat application in table 3 to 

subpart WWWW of part 63 to make it 

more clear that to demonstrate 

compliance for manually applied gel 

coat you treat manually applied gel coat 

as if it were applied using spray 

equipment. 

A commenter noted that footnote 1 

should apply to items 6 and 7 of table 

4 to subpart WWWW of part 63, not just 

to item 8. We agree with this comment 

and have revised table 4 to subpart 

WWWW of part 63 accordingly. 

A commenter noted that table 7 to 

subpart WWWW of part 63 as written 

implied that, for items 1.a and 4.a, it 

would be permissible to use atomized 

mechanical application. This was not 

our intent. The compliance options in 

table 7 were intended to provide 

additional flexibility to regulated 

sources by allowing the use of the same 

resin in different operations. The 

organic HAP limits based on mechanical 

resin application were all determined 

using nonatomized spray. Therefore, we 

have added a footnote to items 1.a and 

4.a. of table 7 to subpart WWWW of part 

63 to state that nonatomized resin 

application is required. 

A commenter noted that the language 

in item 5.a.ii of table 8 to subpart 

WWWW of part 63 implies that all 

pultrusion machines at existing sources 

must reduce emissions by 60 weight 

percent, while the language in 40 CFR 

63.5830(e)(2) states that facilities may 

demonstrate compliance if the weighted 

average reduction based on resin 

throughput for all machines combined 

in 60 percent. We have revised item 

5.a.ii of table 8 to subpart WWWW of 

part 63 to make the language consistent 

with 40 CFR 63.5830(e)(2). We also 

changed 40 CFR 63.5830(e)(2) to correct 

a spelling error.

We received several questions 

concerning the applicability of rule 

requirements to filler putties used to fill 

gaps or smooth sharp corners. We did 

not specifically investigate these 

materials in the rulemaking. Putties are 

sometimes made on site using 

production resin, but are also purchased 

as a separate product. We noted that the 

NESHAP for Boat Manufacturing 

exempted putties, polyputties, and 

adhesives from any requirements. 

Because we cannot say with certainty 

that filler putties could meet the 

emission limits for manual resin 

application, we are amending the rule to 

exclude putties, polyputties, and 

adhesives from any emission limits. 

This will make the Reinforced Plastic 

Composites Production NESHAP 

consistent with the Boat Manufacturing 

NESHAP. However, any emissions from 

mixing of putties and polyputties would 

be subject to the appropriate mixing 

emission limits or work practices. We 

do not believe this will result in any 

change in the stringency of the NESHAP 

for two reasons. First, most facilities use 

very small amounts of putty compared 

to their use of resin and gel coat. 

Second, the small amount of putty used 

will have a very small surface area 

relative to the volume and be highly 

filled, which will tend to result in less 

emissions than a comparable volume of 

resin or gel coat. 

We also have amended §§ 63.5900, 

63.5910, and 63.5915 of 40 CFR part 63 

to parallel changes in other sections and 

incorporate paragraph referencing 

changes. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866, Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), the EPA must 

determine whether this regulatory 

action is ‘‘significant’’ and, therefore, 

subject to Office of Management and 

Budget (OMB) review 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. This 

action adds clarifications and 

corrections to the final standards. 

However, the OMB has previously 

approved the information collection 

requirements contained in the existing 

regulations (68 FR 36982, June 20, 2003) 

under the provisions of the Paperwork 

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

and has assigned OMB control number 

2060–0509 (EPA ICR No. 1976.02). A 

copy of the Information Collection 

Request (ICR) may be obtained from 

Susan Auby by mail at the Office of 

Environmental Information, Collection 

Strategies Division (2822), EPA, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, by e-mail at 

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

566–1672. You also may 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 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50123

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 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 final rule on small entities, 

small entity is defined as: (1) A small 

business as defined by the Small 

Business Administrations’ regulations at 

13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

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

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

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s direct final rule 

amendments on small entities, EPA has 

concluded that this action will not have 

a significant economic impact on a 

substantial number of small entities. We 

have determined that the direct final 

rule amendments will not impose any 

new requirements on small entities. 

Today’s action includes direct final rule 

amendments that resolve 

inconsistencies, clarify language, and 

add additional compliance flexibility. 

None of the amendments will have any 

discernable effect on the stringency of 

the rule. 

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 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 

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. 

The 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 reinforced plastic 

composites industry and clarify and 

correct errors in the final rule and, 

therefore, 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 

reinforced plastic composites 

production 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. 

The EPA specifically solicits 

additional comment on the direct final 

rule amendments from tribal officials. 

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 

50124 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

considered by the Agency. The 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. They are 

also not considered ‘‘economically 

significant’’ as defined under Executive 

Order 12866. 

H. Executive Order 13211, Actions 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 

Advancement Act 

Section 12(d) of the National 

Technology Transfer Advancement Act 

(NTTAA) of 1995, Public Law 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 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. The 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 

October 24, 2005.

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, and Reporting and 

recordkeeping requirements.

Dated: August 16, 2005. 

Stephen L. Johnson, 

Administrator.

n 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]

n 1. The authority citation for part 63 

continues to read as follows:

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

Subpart WWWW—[Amended]

n 2. Section 63.5790 is amended by 

revising paragraph (c) to read as follows:

§ 63.5790 What parts of my plant does this 

subpart cover?

* * * * *

(c) The following operations are 

specifically excluded from any 

requirements in this subpart: 

application of mold sealing and release 

agents; mold stripping and cleaning; 

repair of parts that you did not 

manufacture, including non-routine 

manufacturing of parts; personal 

activities that are not part of the 

manufacturing operations (such as 

hobby shops on military bases); prepreg 

materials as defined in § 63.5935; nongel coat surface coatings; application of 

putties, polyputties, and adhesives; 

repair or production materials that do 

not contain resin or gel coat; research 

and development operations as defined 

in section 112(c)(7) of the CAA; polymer 

casting; and closed molding operations 

(except for compression/injection 

molding). Note that the exclusion of 

certain operations from any 

requirements applies only to operations 

specifically listed in this paragraph. The 

requirements for any co-located 

operations still apply.

* * * * *

n 3. Section 63.5795 is revised to read as 

follows:

§ 63.5795 How do I know if my reinforced 

plastic composites production facility is a 

new affected source or an existing affected 

source? 

(a) A reinforced plastic composites 

production facility is a new affected 

source if it meets all the criteria in 

paragraphs (a)(1) and (2) of this section. 

(1) You commence construction of the 

source after August 2, 2001. 

(2) You commence construction, and 

no other reinforced plastic composites 

production source exists at that site. 

(b) For the purposes of this subpart, 

an existing affected source is any 

affected source that is not a new affected 

source.

n 4. Section 63.5799 is amended by:

n a. Revising paragraph (a); and

n b. Revising the paragraph (b) 

introductory text to read as follows:

§ 63.5799 How do I calculate my facility’s 

organic HAP emissions on a tpy basis for 

purposes of determining which paragraphs 

of § 63.5805 apply?

* * * * *

(a) For new facilities prior to startup, 

calculate a weighted average organic 

HAP emissions factor for the operations 

specified in § 63.5805(c) and (d) on a 

lbs/ton of resin and gel coat basis. Base 

the weighted average on your projected 

operation for the 12 months subsequent 

to facility startup. Multiply the 

weighted average organic HAP 

emissions factor by projected resin use 

over the same period. You may calculate 

your organic HAP emissions factor 

based on the factors in Table 1 to this 

subpart, or you may use any HAP 

emissions factor approved by us, such 

as factors from the ‘‘Compilation of Air 

Pollutant Emissions Factors, Volume I: 

Stationary Point and Area Sources (AP–

42),’’ or organic HAP emissions test data 

from similar facilities. 

(b) For existing facilities and new 

facilities after startup, you may use the 

procedures in either paragraph (b)(1) or 

(2) of this section. If the emission factors 

for an existing facility have changed 

over the period of time prior to their 

initial compliance date due to 

incorporation of pollution-prevention 

control techniques, existing facilities 

may base the average emission factor on 

their operations as they exist on the 

compliance date. If an existing facility 

has accepted an enforceable permit limit 

that would result in less than 100 tpy of 

HAP measured prior to any add-on 

controls, and can demonstrate that they 

will operate at that level subsequent to 

the compliance date, they can be 

deemed to be below the 100 tpy 

threshold.

* * * * *

n 5. Section 63.5805 is revised to read as 

follows:

§ 63.5805 What standards must I meet to 

comply with this subpart? 

You must meet the requirements of 

paragraphs (a) through (h) of this section 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50125

that apply to you. You may elect to 

comply using any options to meet the 

standards described in §§ 63.5810 

through 63.5830. Use the procedures in 

§ 63.5799 to determine if you meet or 

exceed the 100 tpy threshold. 

(a) If you have an existing facility that 

has any centrifugal casting or 

continuous casting/lamination 

operations, you must meet the 

requirements of paragraph (a)(1) or (2) of 

this section: 

(1) If the combination of all 

centrifugal casting and continuous 

lamination/casting operations emit 100 

tpy or more of HAP, you must reduce 

the total organic HAP emissions from 

centrifugal casting and continuous 

lamination/casting operations by at least 

95 percent by weight. As an alternative 

to meeting the 95 percent by weight 

requirement, centrifugal casting 

operations may meet the applicable 

organic HAP emissions limits in Table 

5 to this subpart and continuous 

lamination/casting operations may meet 

an organic HAP emissions limit of 1.47 

lbs/ton of neat resin plus and neat gel 

coat plus applied. For centrifugal 

casting, the percent reduction 

requirement does not apply to organic 

HAP emissions that occur during resin 

application onto an open centrifugal 

casting mold using open molding 

application techniques. 

(2) If the combination of all 

centrifugal casting and continuous 

lamination/casting operations emit less 

than 100 tpy of HAP, then centrifugal 

casting and continuous lamination/

casting operations must meet the 

appropriate requirements in Table 3 to 

this subpart. 

(b) All operations at existing facilities 

not listed in paragraph (a) of this section 

must meet the organic HAP emissions 

limits in Table 3 to this subpart and the 

work practice standards in Table 4 to 

this subpart that apply, regardless of the 

quantity of HAP emitted. 

(c) If you have a new facility that 

emits less than 100 tpy of HAP from the 

combination of all open molding, 

centrifugal casting, continuous 

lamination/casting, pultrusion, SMC 

manufacturing, mixing, and BMC 

manufacturing, you must meet the 

organic HAP emissions limits in Table 

3 to this subpart and the work practice 

standards in Table 4 to this subpart that 

apply to you. 

(d)(1) Except as provided in paragraph 

(d)(2) of this section, if you have a new 

facility that emits 100 tpy or more of 

HAP from the combination of all open 

molding, centrifugal casting, continuous 

lamination/casting, pultrusion, SMC 

manufacturing, mixing, and BMC 

manufacturing, you must reduce the 

total organic HAP emissions from these 

operations by at least 95 percent by 

weight and meet any applicable work 

practice standards in Table 4 to this 

subpart that apply to you. As an 

alternative to meeting 95 percent by 

weight, you may meet the organic HAP 

emissions limits in Table 5 to this 

subpart. If you have a continuous 

lamination/casting operation, that 

operation may alternatively meet an 

organic HAP emissions limit of 1.47 lbs/

ton of neat resin plus and neat gel coat 

plus applied. 

(2)(i) If your new facility 

manufactures large reinforced plastic 

composites parts using open molding or 

pultrusion operations, the specific open 

molding and pultrusion operations used 

to produce large parts are not required 

to reduce HAP emissions by 95 weight 

percent, but must meet the emission 

limits in Table 3 to this subpart. 

(ii) A large open molding part is 

defined as a part that, when the final 

finished part is enclosed in the smallest 

rectangular six-sided box into which the 

part can fit, the total interior volume of 

the box exceeds 250 cubic feet, or any 

interior sides of the box exceed 50 

square feet. 

(iii) A large pultruded part is a part 

that exceeds an outside perimeter of 24 

inches or has more than 350 

reinforcements. 

(e) If you have a new or existing 

facility subject to paragraph (a)(2) or (c) 

of this section at its initial compliance 

date that subsequently meets or exceeds 

the 100 tpy threshold in any calendar 

year, you must notify your permitting 

authority in your compliance report. 

You may at the same time request a onetime exemption from the requirements 

of paragraph (a)(1) or (d) of this section 

in your compliance report if you can 

demonstrate all of the following: 

(1) The exceedance of the threshold 

was due to circumstances that will not 

be repeated. 

(2) The average annual organic HAP 

emissions from the potentially affected 

operations for the last 3 years were 

below 100 tpy.

(3) Projected organic HAP emissions 

for the next calendar year are below 100 

tpy, based on projected resin and gel 

coat use and the HAP emission factors 

calculated according to the procedures 

in § 63.5799. 

(f) If you apply for an exemption in 

paragraph (e) of this section and 

subsequently exceed the HAP emission 

thresholds specified in paragraph (a)(2) 

or (c) of this section over the next 12-

month period, you must notify the 

permitting authority in your semiannual 

report, the exemption is removed, and 

your facility must comply with 

paragraph (a)(1) or (d) of this section 

within 3 years from the time your 

organic HAP emissions first exceeded 

the threshold. 

(g) If you have repair operations 

subject to this subpart as defined in 

§ 63.5785, these repair operations must 

meet the requirements in Tables 3 and 

4 to this subpart and are not required to 

meet the 95 percent organic HAP 

emissions reduction requirements in 

paragraph (a)(1) or (d) of this section. 

(h) If you use an add-on control 

device to comply with this subpart, you 

must meet all requirements contained in 

40 CFR part 63, subpart SS.

n 6. Section 63.5810 is revised to read as 

follows:

§ 63.5810 What are my options for meeting 

the standards for open molding and 

centrifugal casting operations at new and 

existing sources? 

You must use one of the following 

methods in paragraphs (a) through (d) of 

this section to meet the standards for 

open molding or centrifugal casting 

operations in Table 3 or 5 to this 

subpart. You may use any control 

method that reduces organic HAP 

emissions, including reducing resin and 

gel coat organic HAP content, changing 

to nonatomized mechanical application, 

using covered curing techniques, and 

routing part or all of your emissions to 

an add-on control. You may use 

different compliance options for the 

different operations listed in Table 3 or 

5 to this subpart. The necessary 

calculations must be completed within 

30 days after the end of each month. 

You may switch between the 

compliance options in paragraphs (a) 

through (d) of this section. When you 

change to an option based on a 12-

month rolling average, you must base 

the average on the previous 12 months 

of data calculated using the compliance 

option you are changing to, unless you 

were previously using an option that 

did not require you to maintain records 

of resin and gel coat use. In this case, 

you must immediately begin collecting 

resin and gel coat use data and 

demonstrate compliance 12 months 

after changing options. 

(a) Demonstrate that an individual 

resin or gel coat, as applied, meets the 

applicable emission limit in Table 3 or 

5 to this subpart. (1) Calculate your 

actual organic HAP emissions factor for 

each different process stream within 

each operation type. A process stream is 

defined as each individual combination 

of resin or gel coat, application 

technique, and control technique. 

Process streams within operations types 

are considered different from each other 

if any of the following four 

50126 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

characteristics vary: the neat resin plus 

or neat gel coat plus organic HAP 

content, the gel coat type, the 

application technique, or the control 

technique. You must calculate organic 

HAP emissions factors for each different 

process stream by using the appropriate 

equations in Table 1 to this subpart for 

open molding and for centrifugal 

casting, or site-specific organic HAP 

emissions factors discussed in 

§ 63.5796. The emission factor 

calculation should include any and all 

emission reduction techniques used 

including any add-on controls. If you 

are using vapor suppressants to reduce 

HAP emissions, you must determine the 

vapor suppressant effectiveness (VSE) 

by conducting testing according to the 

procedures specified in appendix A to 

subpart WWWW of 40 CFR part 63. If 

you are using an add-on control device 

to reduce HAP emissions, you must 

determine the add-on control factor by 

conducting capture and control 

efficiency testing using the procedures 

specified in § 63.5850. The organic HAP 

emissions factor calculated from the 

equations in Table 1 to this subpart, or 

a site-specific emissions factor, is 

multiplied by the add-on control factor 

to calculate the organic HAP emissions 

factor after control. Use Equation 1 of 

this section to calculate the add-on 

control factor used in the organic HAP 

emissions factor equations.

Add- n Control Factor = 1 % Control Efficiency

100

o − (Eq. 1)

Where: 

Percent Control Efficiency=a value calculated 

from organic HAP emissions test 

measurements made according to the 

requirements of § 63.5850 to this subpart.

(2) If the calculated emission factor is 

less than or equal to the appropriate 

emission limit, you have demonstrated 

that this process stream complies with 

the emission limit in Table 3 to this 

subpart. It is not necessary that all your 

process streams, considered 

individually, demonstrate compliance 

to use this option for some process 

streams. However, for any individual 

resin or gel coat you use, if any of the 

process streams that include that resin 

or gel coat are to be used in any 

averaging calculations described in 

paragraphs (b) through (d) of this 

section, then all process streams using 

that individual resin or gel coat must be 

included in the averaging calculations.

(b) Demonstrate that, on average, you 

meet the individual organic HAP 

emissions limits for each combination of 

operation type and resin application 

method or gel coat type. Demonstrate 

that on average you meet the individual 

organic HAP emissions limits for each 

unique combination of operation type 

and resin application method or gel coat 

type shown in Table 3 to this subpart 

that applies to you. 

(1)(i) Group the process streams 

described in paragraph (a) to this 

section by operation type and resin 

application method or gel coat type 

listed in Table 3 to this subpart and then 

calculate a weighted average emission 

factor based on the amounts of each 

individual resin or gel coat used for the 

last 12 months. To do this, sum the 

product of each individual organic HAP 

emissions factor calculated in paragraph 

(a)(1) of this section and the amount of 

neat resin plus and neat gel coat plus 

usage that corresponds to the individual 

factors and divide the numerator by the 

total amount of neat resin plus and neat 

gel coat plus used in that operation type 

as shown in Equation 2 of this section.

Average organic

HAP Emissions

(Actual Process Stream EF Material

(Eq. 2)

i i

Factor Material

i

n

i

i

n =

∗

=

=

∑

∑

)

1

1

Where: 

Actual Process Stream EFi=actual organic 

HAP emissions factor for process stream 

i, lbs/ton; 

Materiali=neat resin plus or neat gel coat plus 

used during the last 12 calendar months 

for process stream i, tons; 

n=number of process streams where you 

calculated an organic HAP emissions 

factor.

(ii) You may, but are not required to, 

include process streams where you have 

demonstrated compliance as described 

in paragraph (a) of this section, subject 

to the limitations described in 

paragraph (a)(2) of this section, and you 

are not required to and should not 

include process streams for which you 

will demonstrate compliance using the 

procedures in paragraph (d) of this 

section. 

(2) Compare each organic HAP 

emissions factor calculated in paragraph 

(b)(1) of this section with its 

corresponding organic HAP emissions 

limit in Table 3 or 5 to this subpart. If 

all emissions factors are equal to or less 

than their corresponding emission 

limits, then you are in compliance. 

(c) Demonstrate compliance with a 

weighted average emission limit.

Demonstrate each month that you meet 

each weighted average of the organic 

HAP emissions limits in Table 3 or 5 to 

this subpart that apply to you. When 

using this option, you must demonstrate 

compliance with the weighted average 

organic HAP emissions limit for all your 

open molding operations, and then 

separately demonstrate compliance with 

the weighted average organic HAP 

emissions limit for all your centrifugal 

casting operations. Open molding 

operations and centrifugal casting 

operations may not be averaged with 

each other. 

(1) Each month calculate the weighted 

average organic HAP emissions limit for 

all open molding operations and the 

weighted average organic HAP 

emissions limit for all centrifugal 

casting operations for your facility for 

the last 12-month period to determine 

the organic HAP emissions limit you 

must meet. To do this, multiply the 

individual organic HAP emissions 

limits in Table 3 or 5 to this subpart for 

each open molding (centrifugal casting) 

operation type by the amount of neat 

resin plus or neat gel coat plus used in 

the last 12 months for each open 

molding (centrifugal casting) operation 

type, sum these results, and then divide 

this sum by the total amount of neat 

resin plus and neat gel coat plus used 

in open molding (centrifugal casting) 

over the last 12 months as shown in 

Equation 3 of this section.


ER25AU05.013</GPH> ER25AU05.014</GPH>
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50127

Weighted Average Emission Limit =

(EL Material

Material

(Eq. 3)

i i

i=1

n

i

∑ ∗

∑

=

)

i

n

1

Where: 

ELi=organic HAP emissions limit for 

operation type i, lbs/ton from Tables 3 or 

5 to this subpart; 

Materiali=neat resin plus or neat gel coat plus 

used during the last 12-month period for 

operation type i, tons; 

n=number of operations.

(2) Each month calculate your 

weighted average organic HAP 

emissions factor for open molding and 

centrifugal casting. To do this, multiply 

your actual open molding (centrifugal 

casting) operation organic HAP 

emissions factors calculated in 

paragraph (b)(1) of this section and the 

amount of neat resin plus and neat gel 

coat plus used in each open molding 

(centrifugal casting) operation type, sum 

the results, and divide this sum by the 

total amount of neat resin plus and neat 

gel coat plus used in open molding 

(centrifugal casting) operations as 

shown in Equation 4 of this section.

Actual Weighted

Average organic

HAP Emissions

Factor

(Actual Operation EF Material

(Eq. 4)

i i

=

∗

=

=

∑

∑

)

i

n

i

i

n

Material

1

1

Where: 

Actual Individual EFi=Actual organic HAP 

emissions factor for operation type i, lbs/

ton; 

Materiali=neat resin plus or neat gel coat plus 

used during the last 12 calendar months for 

operation type i, tons; 

n=number of operations.

(3) Compare the values calculated in 

paragraphs (c)(1) and (2) of this section. 

If each 12-month rolling average organic 

HAP emissions factor is less than or 

equal to the corresponding 12-month 

rolling average organic HAP emissions 

limit, then you are in compliance. 

(d) Meet the organic HAP emissions 

limit for one application method and 

use the same resin(s) for all application 

methods of that resin type. This option 

is limited to resins of the same type. The 

resin types for which this option may be 

used are noncorrosion-resistant, 

corrosion-resistant and/or high strength, 

and tooling. 

(1) For any combination of manual 

resin application, mechanical resin 

application, filament application, or 

centrifugal casting, you may elect to 

meet the organic HAP emissions limit 

for any one of these application 

methods and use the same resin in all 

of the resin application methods listed 

in this paragraph (d)(1). Table 7 to this 

subpart presents the possible 

combinations based on a facility 

selecting the application process that 

results in the highest allowable organic 

HAP content resin. If the resin organic 

HAP content is below the applicable 

value shown in Table 7 to this subpart, 

the resin is in compliance. 

(2) You may also use a weighted 

average organic HAP content for each 

application method described in 

paragraph (d)(1) of this section. 

Calculate the weighted average organic 

HAP content monthly. Use Equation 2 

in paragraph (b)(1) of this section except 

substitute organic HAP content for 

organic HAP emissions factor. You are 

in compliance if the weighted average 

organic HAP content based on the last 

12 months of resin use is less than or 

equal to the applicable organic HAP 

contents in Table 7 to this subpart. 

(3) You may simultaneously use the 

averaging provisions in paragraph (b) or 

(c) of this section to demonstrate 

compliance for any operations and/or 

resins you do not include in your 

compliance demonstrations in 

paragraphs (d)(1) and (2) of this section. 

However, any resins for which you 

claim compliance under the option in 

paragraphs (d)(1) and (2) of this section 

may not be included in any of the 

averaging calculations described in 

paragraph (b) or (c) of this section. 

(4) You do not have to keep records 

of resin use for any of the individual 

resins where you demonstrate 

compliance under the option in 

paragraph (d)(1) of this section unless 

you elect to include that resin in the 

averaging calculations described in 

paragraph (d)(2) of this section.

n 7. Section 63.5830 is amended by:

n a. Revising paragraph (b)(4);

n b. Revising paragraph (c)(3); and

n c. Revising paragraph (e)(2) to read as 

follows.

§ 63.5830 What are my options for meeting 

the standards for pultrusion operations 

subject to the 60 weight percent organic 

HAP emissions reductions requirement?

* * * * *

(b) * * * 

(4) For pultrusion lines with pre-wet 

area(s) prior to direct die injection, no 

more than 12.5 inches of open wet stock 

is permitted between the entrance of the 

first pre-wet area and the entrance to the 

die. If the pre-wet stock has any drip, it 

must be enclosed.

* * * * *

(c) * * * 

(3) Resin drip is captured in a closed 

system and recycled back to the process.

* * * * *

(e) * * * 

(2) The weighted average reduction 

based on resin throughput of all 

machines combined is 60 percent. For 

purposes of the average percent 

reduction calculation, wet area 

enclosures reduce organic HAP 

emissions by 60 percent, and direct die 

injection and preform injection reduce 

organic HAP emissions by 90 percent.

n 8. Section 63.5885 is revised to read as 

follows:

§ 63.5885 How do I calculate percent 

reduction to demonstrate compliance for 

continuous lamination/casting operations? 

You may calculate percent reduction 

using any of the methods in paragraphs 

(a) through (d) of this section. 

(a) Compliant line option. If all of 

your wet-out areas have PTE that meet 

the requirements of EPA Method 204 of 

appendix M of 40 CFR part 51, and all 

of your wet-out area organic HAP 

emissions and oven organic HAP 

emissions are vented to an add-on 

control device, use Equation 1 of this 

section to demonstrate compliance. In 

all other situations, use Equation 2 of 

this section to demonstrate compliance.


ER25AU05.015</GPH> ER25AU05.016</MATH>
50128 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

PR = − × (Inlet) (Outlet)

(Inlet)

100 (Eq. 1)

Where: 

PR=percent reduction; 

Inlet+HAP emissions entering the control 

device, lbs per year; 

Outlet=HAP emissions existing the control 

device to the atmosphere, lbs per year.

PR O O ci co = +− +

+ ++

× ( )( )

( )

WAE WAE

WAE WAE O O (Eq. 2) ci co

ci u ci u

100

Where: 

PR=percent reduction; 

WAEici=wet-out area organic HAP emissions, 

lbs per year, vented to a control device; 

WAEiu=wet-out area organic HAP emissions, 

lbs per year, not vented to a control 

device; 

Oju=oven organic HAP emissions, lbs per 

year, not vented to a control device; 

Ojci=oven organic HAP emissions, lbs per 

year, vented to a control device; 

WAEico=wet-out area organic HAP emissions, 

lbs per year, from the control device 

outlet; 

Ojco=oven organic HAP emissions, lbs per 

year, from the control device outlet.

(b) Averaging option. Use Equation 3 

of this section to calculate percent 

reduction.

PR

Oj Oj

Oj Oj

ci

j

n

i

m

co

j

n

i

m

ci

j

n

i

m

u

j

n

i

m =

+











 − +













++ +













× = = = =

= = = =

∑ ∑ ∑ ∑

∑ ∑ ∑ ∑

WAEi WAEi

WAEi WAEi

(Eq. 3)

ci co

ci u

1 1 1 1

1 1 1 1

100

Where: 

PR=percent reduction; 

WAEici=wet-out area organic HAP emissions 

from wet-out area i, lbs per year, sent to 

a control device; 

WAEiu=wet-out area organic HAP emissions 

from wet-out area i, lbs per year, not sent 

to a control device; 

WAEico=wet-out area organic HAP emissions 

from wet-out area i, lbs per year, at the 

outlet of a control device; 

Oju=organic HAP emissions from oven j, lbs 

per year, not sent to a control device; 

Ojci=organic HAP emissions from oven j, lbs 

per year, sent to a control device; 

Ojco=organic HAP emissions from oven j, lbs 

per year, at the outlet of the control 

device; 

m=number of wet-out areas; 

n=number of ovens.

(c) Add-on control device option. Use 

Equation 1 of this section to calculate 

percent reduction. 

(d) Combination option. Use 

Equations 1 through 3 of this section, as 

applicable, to calculate percent 

reduction.

n 9. Section 63.5895 is amended by 

revising paragraph (d) to read as follows:

§ 63.5895 How do I monitor and collect 

data to demonstrate continuous 

compliance?

* * * * *

(d) Resin and gel coat use records are 

not required for the individual resins 

and gel coats that are demonstrated, as 

applied, to meet their applicable 

emission as defined in § 63.5810(a). 

However, you must retain the records of 

resin and gel coat organic HAP content, 

and you must include the list of these 

resins and gel coats and identify their 

application methods in your semiannual 

compliance reports. If after you have 

initially demonstrated that a specific 

combination of an individual resin or 

gel coat, application method, and 

controls meets its applicable emission 

limit, and the resin or gel coat changes 

or the organic HAP content increases, or 

you change the application method or 

controls, then you again must 

demonstrate that the individual resin or 

gel coat meets its emission limit as 

specified in paragraph (a) of § 63.5810. 

If any of the previously mentioned 

changes results in a situation where an 

individual resin or gel coat now exceeds 

its applicable emission limit in Table 3 

or 5 of this subpart, you must begin 

collecting resin and gel coat use records 

and calculate compliance using one of 

the averaging options on a 12-month 

rolling average.

* * * * *

n 10. Section 63.5900 is amended by 

revising paragraphs (a)(2) and (3) to read 

as follows:

§ 63.5900 How do I demonstrate 

continuous compliance with the standards? 

(a) * * * 

(2) Compliance with organic HAP 

emissions limits is demonstrated by 

maintaining an organic HAP emissions 

factor value less than or equal to the 

appropriate organic HAP emissions 

limit listed in Table 3 or 5 to this 

subpart, on a 12-month rolling average, 

and/or by including in each compliance 

report a statement that individual resins 

and gel coats, as applied, meet the 

appropriate organic HAP emissions 

limits, as discussed in § 63.5895(d).

(3) Compliance with organic HAP 

content limits in Table 7 to this subpart 

is demonstrated by maintaining an 

average organic HAP content value less 

than or equal to the appropriate organic 

HAP contents listed in Table 7 to this 

subpart, on a 12-month rolling average, 

and/or by including in each compliance 

report a statement that resins and gel 

coats individually meet the appropriate 

organic HAP content limits in Table 7 

to this subpart, as discussed in 

§ 63.5895(d).

* * * * *

n 11. Section 63.5910 is amended by:

n a. Revising paragraph (f); and

n b. Adding paragraph (i) to read as 

follows.

§ 63.5910 What reports must I submit and 

when?

* * * * *

(f) You must report if you have 

exceeded the 100 tpy organic HAP 

emissions threshold if that exceedance 

would make your facility subject to 

§ 63.5805(a)(1) or (d). Include with this 

report any request for an exemption 

under § 63.5805(e). If you receive an 

exemption under § 63.5805(e) and 

subsequently exceed the 100 tpy organic 

HAP emissions threshold, you must


ER25AU05.017</GPH> ER25AU05.018</GPH> ER25AU05.019</GPH>
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50129

report this exceedance as required in 

§ 63.5805(f).

* * * * *

(i) Where multiple compliance 

options are available, you must state in 

your next compliance report if you have 

changed compliance options since your 

last compliance report.

n 12. Section 63.5915 is amended by 

revising paragraph (e) introductory text 

to read as follows:

§ 63.5915 What records must I keep?

* * * * *

(e) For a new or existing continuous 

lamination/ casting operation, you must 

keep the records listed in paragraphs 

(e)(1) through (4) of this section, when 

complying with the percent reduction 

and/or lbs/ton requirements specified in 

paragraphs (a) and (c) through (d) of 

§ 63.5805.

* * * * *

n 13. Section 63.5935 is amended to 

revise the definitions of High 

performance gel coat, Mixing, Neat resin 

plus, and Polymer casting to read as 

follows:

§ 63.5935 What definitions apply to this 

subpart?

* * * * *

High Performance gel coat means a 

gel coat used on products for which 

National Sanitation Foundation, United 

States Department of Agriculture, 

ASTM, durability, or other property 

testing is required.

* * * * *

Mixing means the blending or 

agitation of any HAP-containing 

materials in vessels that are 5.00 gallons 

(18.9 liters) or larger, and includes the 

mixing of putties or polyputties. Mixing 

may involve the blending of resin, gel 

coat, filler, reinforcement, pigments, 

catalysts, monomers, and any other 

additives.

* * * * *

Neat resin plus means neat resin plus 

any organic HAP-containing materials 

that are added to the resin by the 

supplier or the facility. Neat resin plus 

does not include any added filler, 

reinforcements, catalysts, or promoters. 

Neat resin plus does include any 

additions of styrene or methyl 

methacrylate monomer in any form, 

including in catalysts and promoters.

* * * * *

Polymer casting means a process for 

fabricating composites in which 

composite materials are ejected from a 

casting machine or poured into an open, 

partially open, or closed mold and 

cured. After the composite materials are 

poured into the mold, they are not 

rolled out or worked while the mold is 

open, except for smoothing the material 

and/or vibrating the mold to remove 

bubbles. The composite materials may 

or may not include reinforcements. 

Products produced by the polymer 

casting process include cultured marble 

products and polymer concrete.

* * * * *

n 14. Table 1 to subpart WWWW of part 

63 is revised to read as follows:

BILLING CODE 6560–50–P

50130 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 


ER25AU05.020</GPH>
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50131

BILLING CODE 6560–50–C

n 15. Table 3 to subpart WWWW of part 

63 is revised to read as follows: 

As specified in § 63.5805, you must 

meet the following organic HAP 

emissions limits that apply to you:


ER25AU05.021</GPH>
50132 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

TABLE 3 TO SUBPART WWWW OF PART 63.—ORGANIC HAP EMISSIONS LIMITS FOR SPECIFIC OPEN MOLDING, 

CENTRIFUGAL CASTING, PULTRUSION AND CONTINUOUS LAMINATION/CASTING OPERATIONS

If your operation type is . . . And you use . . . 1Your organic HAP emissions limit is . . . 

1. open molding—corrosion-resistant and/or 

high strength (CR/HS).

a. mechanical resin application ........................

b. filament application ......................................

c. manual resin application ..............................

113 lb/ton. 

171 lb/ton. 

123 lb/ton. 

2. open molding—non-CR/HS ........................... a. mechanical resin application ........................

b. filament application ......................................

c. manual resin application ..............................

88 lb/ton. 

188 lb/ton. 

87 lb/ton. 

3. open molding—tooling ................................... a. mechanical resin application ........................

b. manual resin application ..............................

254 lb/ton. 

157 lb/ton. 

4. open molding—low-flame spread/low-smoke 

products.

a. mechanical resin application ........................

b. filament application ......................................

c. manual resin application ..............................

497 lb/ton. 

270 lb/ton. 

238 lb/ton. 

5. open molding—shrinkage controlled resins 2 a. mechanical resin application ........................

b. filament application ......................................

c. manual resin application ..............................

354 lb/ton. 

215 lb/ton. 

180 lb/ton. 

6. open molding—gel coat 3 ............................... a. tooling gel coating ........................................

b. white/off white pigmented gel coating .........

c. all other pigmented gel coating ....................

d. CR/HS or high performance gel coat ..........

e. fire retardant gel coat ...................................

f. clear production gel coat ..............................

440 lb/ton. 

267 lb/ton. 

377 lb/ton. 

605 lb/ton. 

854 lb/ton. 

522 lb/ton. 

7. centrifugal casting—CR/HS ........................... a. resin application with the mold closed, and 

the mold is vented during spinning and cure.

b. resin application with the mold closed, and 

the mold is not vented during spinning and 

cure.

c. resin application with the mold open, and 

the mold is vented during spinning and cure.

d. resin application with the mold open, and 

the mold is not vented during spinning and 

cure.

25 lb/ton.4

NA—this is considered to be a closed molding 

operation. 

25 lb/ton.4

Use the appropriate open molding emission 

limit.5

8. centrifugal casting—non-CR/HS .................... a. resin application with the mold closed, and 

the mold is vented during spinning and cure.

b. resin application with the mold closed, and 

mold is not vented during the spinning and 

cure.

c. resin application with the mold open, and 

the mold is vented during spinning and cure.

d. resin application with the mold open, and 

the mold is not vented during spinning and 

cure.

20 lb/ton.4

NA—this is considered to be a closed molding 

operation. 

20 lb/ton.4

Use the appropriate open molding emission 

limit.5

9. pultrusion 6 ..................................................... N/A ................................................................... reduce total organic HAP emissions by at 

least 60 weight percent. 

10. continuous lamination/casting ...................... N/A ................................................................... reduce total organic HAP emissions by at 

least 58.5 weight percent or not exceed a 

organic HAP emissions limit of 15.7 lbs of 

organic HAP per ton of neat resin plus and 

neat gel coat plus. 

1Organic HAP emissions limits for open molding and centrifugal casting are expressed as lb/ton. You must be at or below these values based 

on a 12-month rolling average. 2This emission limit applies regardless of whether the shrinkage controlled resin is used as a production resin or a tooling resin. 3 If you only apply gel coat with manual application, for compliance purposes treat the gel coat as if it were applied using atomized spray guns 

to determine both emission limits and emission factors. If you use multiple application methods and any portion of a specific gel coat is applied 

using nonatomized spray, you may use the nonatomized spray gel coat equation to calculate an emission factor for the manually applied portion 

of that gel coat. Otherwise, use the atomized spray gel coat application equation to calculate emission factors. 4For compliance purposes, calculate your emission factor using only the appropriate centrifugal casting equation in item 2 of Table 1 to this 

subpart, or a site specific emission factor for after the mold is closed as discussed in § 63.5796. 5 Calculate your emission factor using the appropriate open molding covered cure emission factor in item 1 of Table 1 to this subpart, or a site 

specific emission factor as discussed in § 63.5796. 6Pultrusion machines that produce parts that meet the following criteria: 1,000 or more reinforcements or the glass equivalent of 1,000 ends of 

113 yield roving or more; and have a cross sectional area of 60 square inches or more are not subject to this requirement. Their requirement is 

the work practice of air flow management which is described in Table 4 to this subpart. 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50133

n 16. Table 4 to subpart WWWW of part 

63 is revised to read as follows: 

As specified in § 63.5805, you must 

meet the work practice standards in the 

following table that apply to you:

TABLE 4 TO SUBPART WWWW OF PART 63.—WORK PRACTICE STANDARDS

For . . . You must . . . 

1. a new or existing closed molding operation using compression/injection molding.uncover, unwrap or expose only one charge per mold cycle per compression/injection molding machine. For machines with multiple molds, one charge means 

sufficient material to fill all molds for one cycle. For machines with robotic loaders, no more than one charge may be exposed prior to the loader. For machines fed by hoppers, sufficient material may be uncovered to fill the hopper. 

Hoppers must be closed when not adding materials. Materials may be uncovered to feed to slitting machines. Materials must be recovered after slitting. 

2. a new or existing cleaning operation ................................... not use cleaning solvents that contain HAP, except that styrene may be used as 

a cleaner in closed systems, and organic HAP containing cleaners may be 

used to clean cured resin from application equipment. Application equipment 

includes any equipment that directly contacts resin. 

3. a new or existing materials HAP-containing materials storage operation.keep containers that store HAP-containing materials closed or covered except 

during the addition or removal of materials. Bulk HAP-containing materials storage tanks may be vented as necessary for safety. 

4. an existing or new SMC manufacturing operation .............. close or cover the resin delivery system to the doctor box on each SMC manufacturing machine. The doctor box itself may be open. 

5. an existing or new SMC manufacturing operation .............. use a nylon containing film to enclose SMC. 

6. all mixing or BMC manufacturing operations1 ..................... use mixer covers with no visible gaps present in the mixer covers, except that 

gaps of up to 1 inch are permissible around mixer shafts and any required instrumentation. 

7. all mixing or BMC manufacturing operations1 ..................... close any mixer vents when actual mixing is occurring, except that venting is allowed during addition of materials, or as necessary prior to adding materials or 

opening the cover for safety. Vents routed to a 95 percent efficient control device are exempt from this requirement. 

8. all mixing or BMC manufacturing operations1 ..................... keep the mixer covers closed while actual mixing is occurring except when adding materials or changing covers to the mixing vessels. 

9. a new or existing pultrusion operation manufacturing parts 

that meet the following criteria: 1,000 or more reinforcements or the glass equivalent of 1,000 ends of 113 yield 

roving or more; and have a cross sectional area of 60 

square inches or more that is not subject to the 95 percent 

organic HAP emission reduction requirement.

i. not allow vents from the building ventilation system, or local or portable fans to 

blow directly on or across the wet-out area(s), 

ii. not permit point suction of ambient air in the wet-out area(s) unless that air is 

directed to a control device, 

iii. use devices such as deflectors, baffles, and curtains when practical to reduce 

air flow velocity across the wet-out area(s), 

iv. direct any compressed air exhausts away from resin and wet-out area(s), 

v. convey resin collected from drip-off pans or other devices to reservoirs, tanks, 

or sumps via covered troughs, pipes, or other covered conveyance that shields 

the resin from the ambient air, 

vi. cover all reservoirs, tanks, sumps, or HAP-containing materials storage vessels except when they are being charged or filled, and 

vii. cover or shield from ambient air resin delivery systems to the wet-out area(s) 

from reservoirs, tanks, or sumps where practical. 

1 Containers of 5 gallons or less may be open when active mixing is taking place, or during periods when they are in process (i.e., they are actively being used to apply resin). For polymer casting mixing operations, containers with a surface area of 500 square inches or less may be 

open while active mixing is taking place. 

n 17. The title and introductory text to 

Table 5 to subpart WWWW of part 63 are 

revised to read as follows: 

Table 5 to Subpart WWW of Part 63.—

Alternative Organic HAP Emissions 

Limits for Open Molding, Centrifugal 

Casting, and SMC Manufacturing 

Operations Where the Standards are 

Based on a 95 Percent Reduction 

Requirement

As specified in § 63.5805, as an 

alternative to the 95 percent organic 

HAP emissions reductions requirement, 

you may meet the appropriate organic 

HAP emissions limits in the following 

table:

* * * * *

n 18. Table 7 to subpart WWWW of part 

63 is revised to read as follows: 

As specified in § 63.5810(d), when 

electing to use the same resin(s) for 

multiple resin application methods, you 

may use any resin(s) with an organic 

HAP content less than or equal to the 

values shown in the following table, or 

any combination of resins whose 

weighted average organic HAP content 

based on a 12-month rolling average is 

less than or equal to the values shown 

the following table:

50134 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

TABLE 7—TO SUBPART WWWW OF PART 63.—OPTIONS ALLOWING USE OF THE SAME RESIN ACROSS DIFFERENT

OPERATIONS THAT USE THE SAME RESIN TYPE

If your facility has the following resin type and application 

method . . . 

The highest resin weight is* * * percent organic HAP content, or weighted average weight percent organic HAP content, you can use for . . . 

is . . . 

1. CR/HS resins, centrifugal casting 1 2 ...................................... a. CR/HS mechanical ................................................................ 3 48.0 

b. CR/HS filament application ................................................... 48.0 

c. CR/HS manual ...................................................................... 48.0 

2. CR/HS resins, nonatomized mechanical ............................... a. CR/HS filament application ................................................... 46.4 

b. CR/HS manual ...................................................................... 46.4 

3. CR/HS resins, filament application ........................................ CR/HS manual .......................................................................... 42.0 

4. non-CR/HS resins, filament application ................................. a. non-CR/HS mechanical ........................................................ 3 45.0 

b. non-CR/HS manual ............................................................... 45.0 

c. non-CR/HS centrifugal casting 1 2 .......................................... 45.0 

5. non-CR/HS resins, nonatomized mechanical ........................ a. non-CR/HS manual ............................................................... 38.5 

b. non-CR/HS centrifugal casting 1 2 ......................................... 38.5 

6. non-CR/HS resins, centrifugal casting 1 2 .............................. non-CR/HS manual ................................................................... 37.5 

7. tooling resins, nonatomized mechanical ............................... tooling manual ........................................................................... 91.4 

8. tooling resins, manual ............................................................ tooling atomized mechanical ..................................................... 45.9 

1 If the centrifugal casting operation blows heated air through the molds, then 95 percent capture and control must be used if the facility wishes 

to use this compliance option. 2 If the centrifugal casting molds are not vented, the facility may treat the centrifugal casting operations as if they were vented if they wish to 

use this compliance option. 3 Nonatomized mechanical application must be used. 

n 19. Table 8 to subpart WWWW of part 

63 is revised to read as follows: 

As specified in § 63.5860(a), you must 

demonstrate initial compliance with 

organic HAP emissions limits as 

specified in the following table:

TABLE 8 TO SUBPART WWWW OF PART 63.—INITIAL COMPLIANCE WITH ORGANIC HAP EMISSIONS LIMITS

For . . . That must meet the following organic HAP 

emissions limit . . . 

You have demonstrated initial compliance

if . . . 

1. open molding and centrifugal casting operations.a. an organic HAP emissions limit shown in 

Tables 3 or 5 to this subpart, or an organic 

HAP content limit shown in Table 7 to this 

subpart.

i. you have met the appropriate organic HAP 

emissions limits for these operations as calculated using the procedures in § 63.5810 

on a 12-month rolling average 1 year after 

the appropriate compliance date, and/or 

ii. you demonstrate that any individual resins 

or gel coats not included in (i) above, as 

applied, meet their applicable emission limits, or 

iii. you demonstrate using the appropriate values in Table 7 to this subpart that the 

weighted average of all resins and gel coats 

for each resin type and application method 

meet the appropriate organic HAP contents. 

2. open molding centrifugal casting, continuous 

lamination/casting, SMC and BMC manufacturing, and mixing operations.

a. reduce total organic HAP emissions by at 

least 95 percent by weight.

total organic HAP emissions, based on the results of the capture efficiency and destruction efficiency testing specified in Table 6 to 

this subpart, are reduced by at least 95 percent by weight. 

3. continuous lamination/casting operations ...... a. reduce total organic HAP emissions, by at 

least 58.5 weight percent, or 

total organic HAP emissions, based on the results of the capture efficiency and destruction efficiency in Table 6 to this subpart and 

the calculation procedures specified in 

§§ 63.5865 through 63.5890, are reduced 

by at least 58.5 percent by weight. 

b. not exceed an organic HAP emissions limit 

of 15.7 lbs of organic HAP per ton of neat 

resin plus and neat gel coat plus.

total organic HAP emissions, based on the results of the capture efficiency and destruction efficiency testing specified in Table 6 to 

this subpart and the calculation procedures 

specified in §§ 63.5865 through 63.5890, do 

not exceed 15.7 lbs of organic HAP per ton 

of neat resin plus and neat gel coat plus. 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 50135

TABLE 8 TO SUBPART WWWW OF PART 63.—INITIAL COMPLIANCE WITH ORGANIC HAP EMISSIONS LIMITS—Continued

For . . . That must meet the following organic HAP 

emissions limit . . . 

You have demonstrated initial compliance

if . . . 

4. continuous lamination/casting operations ...... a. reduce total organic HAP emissions by at 

least 95 weight percent or 

total organic HAP emissions, based on the results of the capture efficiency and destruction efficiency testing specified in Table 6 to 

this subpart and the calculation procedures 

specified in §§ 63.5865 through 63.5890, 

are reduced by at least 95 percent by 

weight 

b. not exceed an organic HAP emissions limit 

of 1.47 lbs of organic HAP per ton of neat 

resin plus and neat gel coat plus.

total organic HAP emissions, based on the results of the capture efficiency and destruction efficiency testing specified in Table 6 

and the calculation procedures specified in 

§§ 63.5865 through 63.5890, do not exceed 

1.47 lbs of organic HAP of per ton of neat 

resin plus and neat gel coat plus. 

5. pultrusion operations ..................................... a. reduce total organic HAP emissions by at 

least 60 percent by weight.

i. total organic HAP emissions, based on the 

results of the capture efficiency and add-on 

control device destruction efficiency testing 

specified in Table 6 to this subpart, are reduced by at least 60 percent by weight, 

and/or 

ii. as part of the notification of initial compliance status, the owner/operator submits a 

certified statement that all pultrusion lines 

not controlled with an add-on control device, but for which an emission reduction is 

being claimed, are using direct die injection, 

and/or wet-area enclosures that meet the 

criteria of § 63.5830. 

6. pultrusion operations ..................................... a. reduce total organic HAP emissions by at 

least 95 percent by weight.

i. total organic HAP emissions, based on the 

results of the capture efficiency and add-on 

control device destruction efficiency testing 

specified in Table 6 to this subpart, are reduced by at least 95 percent by weight. 

n 20. Table 9 to subpart WWWW of part 

63 is revised to read as follows: 

As specified in § 63.5860(a), you must 

demonstrate initial compliance with 

work practice standards as specified in 

the following table:

TABLE 9 TO SUBPART WWWW OF PART 63.—INITIAL COMPLIANCE WITH WORK PRACTICE STANDARDS

For . . . That must meet the following standards . . . You have demonstrated initial compliance if 

. . . 

1. a new or existing closed molding operation 

using compression/injection molding.

uncover, unwrap or expose only one charge 

per mold cycle per compression/injection 

molding machine. For machines with multiple molds, one charge means sufficient 

material to fill all molds for one cycle. For 

machines with robotic loaders, no more 

than one charge may be exposed prior to 

the loader. For machines fed by hoppers, 

sufficient material may be uncovered to fill 

the hopper. Hoppers must be closed when 

not adding materials. Materials may be uncovered to feed to slitting machines. Materials must be recovered after slitting.

the owner or operator submits a certified 

statement in the notice of compliance status 

that only one charge is uncovered, unwrapped, or exposed per mold cycle per 

compression/injection molding machine, or 

prior to the loader, hoppers are closed except when adding materials, and materials 

are recovered after slitting. 

2. a new or existing cleaning operation ............. not use cleaning solvents that contain HAP, 

except that styrene may be used in closed 

systems, and organic HAP containing materials may be used to clean cured resin from 

application equipment. Application equipment includes any equipment that directly 

contacts resin between storage and applying resin to the mold or reinforcement.

the owner or operator submits a certified 

statement in the notice of compliance status 

that all cleaning materials, except styrene 

contained in closed systems, or materials 

used to clean cured resin from application 

equipment, contain no HAP. 

50136 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Rules and Regulations 

TABLE 9 TO SUBPART WWWW OF PART 63.—INITIAL COMPLIANCE WITH WORK PRACTICE STANDARDS—Continued

For . . . That must meet the following standards . . . You have demonstrated initial compliance if 

. . . 

3. a new or existing materials HAP-containing 

materials storage operation.

keep containers that store HAP-containing 

materials closed or covered except during 

the addition or removal of materials. Bulk 

HAP-containing materials storage tanks 

may be vented as necessary for safety.

the owner or operator submits a certified 

statement in the notice of compliance status 

that all HAP-containing storage containers 

are kept closed or covered except when 

adding or removing materials, and that any 

bulk storage tanks are vented only as necessary for safety. 

4. an existing or new SMC manufacturing operation.close or cover the resin delivery system to the 

doctor box on each SMC manufacturing 

machine. The doctor box itself may be open.

the owner or operator submits a certified 

statement in the notice of compliance status 

that the resin delivery system is closed or 

covered. 

5. an existing or new SMC manufacturing operation.use a nylon containing film to enclose SMC ... the owner or operator submits a certified 

statement in the notice of compliance status 

that a nylon-containing film is used to enclose SMC. 

6. an existing or new mixing or BMC manufacturing operation.use mixer covers with no visible gaps present 

in the mixer covers, except that gaps of up 

to 1 inch are permissible around mixer 

shafts and any required instrumentation.

the owner or operator submits a certified 

statement in the notice of compliance status 

that mixer covers are closed during mixing 

except when adding materials to the mixers, and that gaps around mixer shafts and 

required instrumentation are less than 1 

inch. 

7. an existing mixing or BMC manufacturing operation.not actively vent mixers to the atmosphere 

while the mixing agitator is turning, except 

that venting is allowed during addition of 

materials, or as necessary prior to adding 

materials for safety.

the owner or operator submits a certified 

statement in the notice of compliance status 

that mixers are not actively vented to the 

atmosphere when the agitator is turning except when adding materials or as necessary for safety. 

8. a new or existing mixing or BMC manufacturing operation.keep the mixer covers closed during mixing 

except when adding materials to the mixing 

vessels.

the owner or operator submits a certified 

statement in the notice of compliance status 

that mixers closed except when adding materials to the mixing vessels. 

9. a new or existing pultrusion operation manufacturing parts that meet the following criteria: 

1,000 or more reinforcements or the glass 

equivalent of 1,000 ends of 113 yield roving 

or more; and have a cross sectional area of 

60 square inches or more that is not subject 

to the 95 percent organic HAP emission reduction requirement.

i. Not allow vents from the building ventilation 

system, or local or portable fans to blow directly on or across the wet-out area(s), 

ii. not permit point suction of ambient air in 

the wet-out area(s) unless that air is directed to a control device, 

iii. use devices such as deflectors, baffles, 

and curtains when practical to reduce air 

flow velocity across the wet-out area(s), 

iv. direct any compressed air exhausts away 

from resin and wet-out area(s), 

v. convey resin collected from drip-off pans or 

other devices to reservoirs, tanks, or sumps 

via covered troughs, pipes, or other covered conveyance that shields the resin from 

the ambient air, 

vi. clover all reservoirs, tanks, sumps, or 

HAP-containing materials storage vessels 

except when they are being charged or 

filled, and 

vii. cover or shield from ambient air resin delivery systems to the wet-out area(s) from 

reservoirs, tanks, or sumps where practical. 

the owner or operator submits a certified 

statement in the notice of compliance status 

that they have complied with all the requirements listed in 9.i through 9.vii. 

[FR Doc. 05–16701 Filed 8–24–05; 8:45 am] 

BILLING CODE 6560–50–P