United States      Office of Air Quality      EPA 453/B-97-001
        Environmental Protection  Planning and Standards       January 1997
        Agency        Research Triangle Park, NC 27711
        Air
EPA     A Guidebook on How to
        Comply with the Shipbuilding
        and Ship Repair (Surface
        Coating) Operations National
        Emission Standards for
        Hazardous Air Pollutants

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   A GUIDEBOOK ON HOW TO COMPLY
WITH THE SHIPBUILDING AND SHIP REPAIR
     (SURFACE COATING) OPERATIONS
     NATIONAL EMISSION STANDARDS
    FOR HAZARDOUS AIR POLLUTANTS
       Coatings and Consumer Products Group
           Emission Standards Division
     Office of Air Quality Planning and Standards
       U.S. Environmental Protection Agency
         Research Triangle Park, NC 27711
        U.S Environmental Protection Agency
        Region 5.Library(PL-12J)
        77 West Jackaon Boulevard, 12th Floor
        Chicago, IL 60604-3590
                  January 1997

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       This report has been reviewed by the Emission Standards Division (BSD), Office of
Air Quality Planning and Standards (OAQPS), U.S. Environmental Protection Agency
(EPA), and approved for publication. Mention of trade names or commercial products is not
intended to constitute endorsement or recommendation for use.  For more information on this
regulation, please call your State or local air pollution control agency; your local, regional,
or national shipbuilding trade association; or your EPA Regional Office.  Contact EPA's
Control Technology Center (CTC) Hotline at (919) 541-0800 to get information on air
program contacts.  To order single copies of this guidebook, contact the Library Services
Office (MD-35), U. S. EPA, Research Triangle Park,  NC 27711; the OAQPS Technology
Transfer Network (TTN), (919) 541-5742 via modem (for assistance with the TTN, call
(919) 541-5384) or via the Internet at http:\\ttnwww.rtpnc.epa.gov; or the National Technical
Information Services, 5285 Port Royal Road, Springfield, VA  22161.
                                          11

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                      TABLE OF CONTENTS

                                                           Page

CHAPTER 1  INTRODUCTION	     1

CHAPTER 2  OVERVIEW OF THE REGULATION	     3

CHAPTER 3  DOES THIS REGULATION APPLY TO ME?	     9

CHAPTER 4  WHAT DO I NEED TO DO TO COMPLY? 	    13

CHAPTER 5  HOW WILL I DEMONSTRATE COMPLIANCE?	    17

CHAPTER 6  WHAT RECORDKEEPING AND REPORTING WILL I NEED
          TO DO?	    23

CHAPTER 7  WHAT ARE MY POLLUTION PREVENTION OPTIONS?	    27

CHAPTER 8  HOW DOES THIS REGULATION RELATE TO OTHER
          FEDERAL AND STATE OR LOCAL REQUIREMENTS?  	    29

CHAPTER 9  HOW MUCH WILL IT COST? 	    31

CHAPTER 10 WHERE CAN I GO FOR MORE INFORMATION
          AND ASSISTANCE?	    35


APPENDIX A. FEDERAL REGISTER NOTICES:  FINAL REGULATION AND DIRECT
           FINAL REGULATION

APPENDIX B. GLOSSARY OF TERMS

APPENDIX C. LIST OF ESTIMATED NESHAP MAJOR-SOURCE SHIPYARDS

APPENDIX D. EXAMPLE INITIAL NOTIFICATION

APPENDIX E. EXAMPLE IMPLEMENTATION PLAN

APPENDIX F. EXAMPLE FORMS

APPENDIX G. EXAMPLE CALCULATIONS
                              in

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                            LIST OF TABLES
TABLE 2-1.   VOLATILE ORGANIC HAP (VOHAP) LIMITS FOR
TABLE 2-2.

TABLE 3-1.
TABLE 5-1.
TABLE 9-1.
MARINE COATINGS 	
SUMMARY OF RECORDKEEPING AND REPORTING
REQUIREMENTS  	
U.S. SHIPYARD LOCATIONS 	
STEP-BY-STEP COMPLIANCE OPTIONS	
ESTIMATED COSTS FOR COMPLYING WITH
NESHAP, $/YR
TABLE 10-1.  EPA REGIONAL OFFICE CONTACTS
                                                                   'age
 7
12
19

33
37
                           LIST OF FIGURES
Figure 3-1.    437 active U.S. shipbuilding facilities (August 1991)
Figure 4-1.    Compliance option	
Figure 5-1.    Flow diagram of compliance procedures  	
Figure 5-2.    VOC data sheet   	
Figure 5-3.    VOHAP data sheet  	
                                                        11
                                                        15
                                                        18
                                                        20
                                                        21
                                  IV

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                                        CHAPTER 1
                                     INTRODUCTION
             BACKGROUND
     In November of 1995, the U.  S. Environ-
mental Protection Agency (EPA) issued national
regulations to control  hazardous  air pollutant
(HAP) materials  from  shipbuilding and  ship
repair facilities designated as major  sources.
The  regulation appeared in the December  15,
1995 edition of the Federal Register [volume 60,
beginning on page 64330].
     Why is  EPA regulating the shipbuilding
and  ship repair industry? Section 112 of the
Clean Air Act  as  amended   in 1990 (CAA)
requires the EPA to evaluate  and control HAP
emissions.   Pursuant to Section 112(c)  of the
CAA, the EPA published in the Federal Register
the initial list of source categories that emit HAP
on July 16,  1992 (57 FR 31576).   This  list
included  shipbuilding and ship repair (surface
coating) operations  as  major sources  of HAP
emissions.
     The CAA was created, in part, "to protect
and  enhance the quality of  the  Nation's air
resources so as to promote the public health and
welfare  and productive capacity of its popula-
tion" 42 U.S.C. §740l(b). The final regulation
will  protect the public  health  by  reducing
emissions of HAP material from surface coating
operations   at  shipbuilding  and  ship  repair
facilities.
     Approximately 35  shipyards are estimated
to be major sources of HAP emissions, emitting
over 9.1  megagrams per year (Mg/yr)  (10 tons/
yr) of an  individual HAP or over 23 Mg/yr
(25 tons/yr)  of total HAP,  including toluene,
xylene,  ethylbenzene, methanol,  methyl ethyl
ketone, methyl isobutyl ketone, ethylene glycol,
and glycol ethers.   All of these pollutants can
cause reversible or irreversible  toxic  effects
following exposure.  The potential toxic effects
include irritation of the eyes, nose, throat, and
skin, and damage to the blood cells, heart, liver,
and kidneys.
     All existing major source facilities must be
in compliance  with the requirements  of  the
regulation on December  16,  1997.   The final
standards will reduce nationwide HAP emissions
from shipyard surface coating operations by at
least 318.5 Mg/yr (350 tons/yr) from a baseline
level of 1,362 Mg/yr (1,497 tons/yr).

       PURPOSE OF GUIDEBOOK
     The purpose of this guidebook is to provide
a straightforward overview of this regulation and
to equip facilities with the basic information they
need  to  comply  with  the  regulation.   This
guidebook is not a  complete and full statement
of the legal and technical requirements  of the
regulation.   See the Federal  Register  notice
(included as Appendix A to this guidebook) for
the complete text of the regulation.
     Several  example questions and responses
have  been included in this  guidebook.  The
responses represent the Agency's best guidance
on issues raised by industry or State/Regional
representatives.  They are  included to provide
some basis of consistency  for  all  interested
parties.
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INTRODUCTION                                                 CHAPTER 1
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                                Page 2

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                                      CHAPTER 2
                         OVERVIEW OF THE REGULATION
    The final regulation is  applicable to  all
existing and new shipbuilding and ship repair
facilities that are major sources of HAP or are
located at plant sites that  are  major  sources.
Major source facilities that are subject to this
regulation must not apply any  marine coating
with a volatile organic HAP (VOHAP) content
in excess of the applicable "as-applied"  limit and
must implement the work practices required in
the  regulation. In addition, these sources must
keep specified  records  and submit  periodic
reports.

             APPLICABILITY
    Section 112(a) of the CAA defines major
source as a source,  or group of sources, located
within  a contiguous area and  under  common
control that emits or has the  potential to emit,
considering controls, 9.1  Mg/yr (10 tons/yr) or
more  of any individual  HAP  or 22.8 Mg/yr
(25  tons/yr) or more  of any  combination  of
HAP.   Area sources are stationary sources that
do not  qualify' as "major" on the  basis of their
"potential  to emit".   "Potential to  emit"  is
defined  in the Section 112 General Provisions
(40  CFR pan 63.2) as "the maximum capacity
of a stationary source to  emit a pollutant under
its  physical  or  operational   design."    To
determine whether  or not it is  a  major source
subject to the  rule, a shipbuilding and/or ship
repair facility would need to determine the total
HAP   emissions  from  its  surface   coating
operations, as well  as the total  HAP emissions
from all other operations at the plant site. The
sum of these  emissions  would be  used to
determine  major source status.   See Chapter 3
for  additional information.  The term  "affected
source"  as used in this regulation means  the
shipbuilding and  ship  repair  facility that  is
subject to the regulation.

        COMPLIANCE SCHEDULE
EXISTING SOURCES--
Effective Date:   	December  15, 1995
Initial Notification Due:  ....   June  13, 1996
Implementation  Plan Due:  December  16, 1996
Compliance Date:   ....  December  16, 1997
First Reporting  Period Ends:     June  16, 1998
First Compliance Report Due: August  16, 1998

NEW SOURCES--
Initial Notification and Implementation
 Plan Due:  ....  6 months prior to start-up
Compliance Date:   	Date of start-up
First Reporting
 Period  Ends:   ....  6 months after start-up
First Compliance
 Report  Due:   ....  8 months after start-up

            REQUIREMENTS
     In  general, the regulation specifies:
     /  VOHAP  content  limits  on marine
        coatings
     /  Work practice standards
                                          Page 3

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OVERVIEW OF THE REGULATION
                               CHAPTER 2
    / Recordkeeping
    / Reporting
Each of these requirements is summarized in the
following sections.

       VOHAP CONTENT LIMITS
    No  coating may be applied to a ship with
an "as-applied" VOHAP content exceeding the
applicable limit in Table 2-1.   "As applied"
includes  any thinning; therefore, it is important
to use only  compliant coatings and not exceed
the maximum thinning allowance (if any) for
each and every coating.
     The final  standards  impose limits on the
VOHAP content of 23 types of coatings used at
shipyards.  Compliance with the VOHAP limits
must be demonstrated on a monthly basis. The
promulgated standards include four compliance
options to allow owners or operators flexibility
in demonstrating  compliance with the VOHAP
limits.  The final standards also allow for an
alternative means of compliance other than using
compliant   coatings,   if   approved  by  the
Administrator.  The Administrator shall approve
the alternative means of limiting emissions if, in
the Administrator's judgment,  (after control)
emissions  of  VOHAP   per volume  solids
(nonvolatiles) applied will be no greater than
those from the use of coatings that comply with
the applicable VOHAP limits.

            WORK PRACTICES
     The regulation  includes  work practice
 standards to ensure that  air pollution resulting
 from transfer, storage,  and handling of paints
 and solvents associated  with surface  coating
 operations   are   minimized  or   eliminated.
 (See § 63.783(b)(l) and (2)).
     The final standards also  require that  all
handling and transfer  of  VOHAP  containing
materials to and from  containers, tanks,  vats,
vessels, and piping systems be conducted in a
manner that minimizes  spills and other factors
leading to emissions. (This requirement includes
hand-  or  brush-application of coatings.)   In
addition, containers of paint, thinning solvent, or
waste that hold any VOHAP materials must be
normally closed (to minimize evaporation) unless
materials are being added  to or removed  from
them.

            RECORDKEEPING
     The  regulation requires sources to  keep
monthly records to document compliance with
the  regulation.   The  required documentation
includes:
     1. All documentation supporting the initial
        notification;
     2. A   copy  of  the  affected  source's
        approved implementation plan;
     3. The volume of each low-usage-exempt
        coating applied during the month;
     4. Identification   of  the  coatings  used
        during the month, their   appropriate
        coating  categories, and the  applicable
        VOHAP limit;
     5. Certification of the as-supplied  VOC
        content  of each batch of  coating and
        thinning solvent used during the month;
     6. A determination of whether containers
        meet  the  standards  as described  in
        § 63.783(b)(2);
     7. The results of  any  Method 24  or
        approved  VOHAP  measurement  test
        conducted  on  individual containers of
                                            Page 4

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CHAPTER!
         OVERVIEW OF THE REGULATION
       coating and thinning solvent, as applied;
       and
     8. Additional information, as determined
       by the  compliance procedure(s)  that
       each affected source followed.
     An example monthly record is provided in
Appendix F.  If the source you operate qualifies
as an area source or a synthetic area source, you
only need to record the total annual volume of
coating applied to  ships. All  records must  be
kept and maintained for 5 years. A summary of
recordkeeping  requirements  is  provided  in
Table 2-2.      (See   also   Chapter 6   and
§ 63.788(b).)
publication No. E 380-91. The EPA guidelines
require that SI, or metric, units be used.  See
reference  (cover page)  on  page  8  of this
document.     Many  of  the  existing  State
regulations  involving  marine  coatings  are
expressed in metric units (i.e., grams per liter,
g/L).  The Metric  Conversion Act of 1975
(Section 3 of Public Law 94-168) also supports
this approach for the NESHAP units of measure
and  the  examples   in  this  guidebook  for
demonstrating  compliance with the  NESHAP.
               REPORTING
     For  affected   sources,  the   regulation
requires  an  initial  notification  that  you  are
subject  to  the regulation, an  implementation
plan, an initial compliance status report,  and
then compliance status reports every  6 months.
A  summary  of  reporting  requirements  is
provided in Table 2-2.  (See also Chapter 6 and
§ 63.788(c).)  An example initial notification is
also provided in Appendix D.
     For major sources that  intend to become
(synthetic) area sources by the compliance date,
the regulation requires an initial notification that
documents    your   intention  to   apply  an
enforceable   limitation  to keep  actual  HAP
emissions below the major source level(s).

           UNITS OF MEASURE
     The NESHAP uses the International System
of Units (SI) defined in Standard Practice for
Use of the International System of Units (SI) (the
Modernized Metric System), published  by the
American Society for Testing and Materials as
                                            Page 5

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OVERVIEW OF THE REGULATION
CHAPTER 2
                  TABLE 2-1. VOLATILE ORGANIC HAP (VOHAP) LIMITS
                                   FOR MARINE COATINGS
Coating Category
General use
Specialty
Air flask
Antenna
Antifoulant
Heat resistant
High-gloss
High-temperature
Inorganic zinc high-build
Military exterior
Mist
Navigational aids
Nonskid
Nuclear
Organic zinc
Pretreatment wash primer
Repair and maint. of thermoplastics
Rubber camouflage
Sealant for thermal spray aluminum
Special marking
Specialty interior
Tack coat
Undersea weapons systems
Weld-through precon. primer
VOHAP limits' 'b-c
grams/liter
coating (minus
water and exempt
compounds)
340
-
340
530
400
420
420
500
340
340
610
550
340
420
360
780
550
340
610
490
340
610
340
650
grams/liter solids"
t > 4.5°C
571
-
571
1,439
765
841
841
1,237
571
571
2,235
1,597
571
841
630
11,095
1,597
571
2,235
1,178
571
2,235
571
2,885
t < 4.5°Ce
728
~
728
—
971
1,069
1,069
1,597
728
728
—
—
728
1,069
802
-
—
728
—
—
728
-
728
-
   aThe limits are expressed in two sets of equivalent units.  Either set of limits may be used for the
     compliance procedure described in §63.785(c)(l), but only the limits expressed in units of g/L solids
   ,  (nonvolatiles) shall be used for the compliance procedures described §63.785(c)(2)-(4).
    VOC (including exempt compounds listed as HAP) shall be used as a surrogate for VOHAP for those
     compliance procedures described in §63.785(c)(l)-(3).
   cTo convert from g/L to Ib/gal, multiply by (3.785 L/gal)(l lb/453.6 g) or 1/120.  For compliance
   , purposes, metric units define the standards.
   dVOHAP limits expressed in units of mass of VOHAP per volume of solids (nonvolatiles) were derived
     from the VOHAP limits expressed in units of mass of VOHAP per volume of coating assuming the
     coatings contain no water or exempt compounds and that the volumes of all components within a coating
     are additive.
   eThese limits apply during cold-weather time periods, as defined in §63.782. Cold-weather allowances
     are not given to coatings in categories that permit less than 40 percent solids  (nonvolatiles) content by
     volume.  Such  coatings are subject to the same limits regardless of weather conditions.
                                             Page 6

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CHAPTER 2
OVERVIEW OF THE REGULATION
    TABLE 2-2.  SUMMARY OF RECORDKEEPING AND REPORTING REQUIREMENTS
Requirement
Initial notification (§ 63.9(a)-(d))
Implementation plan
(§ 63.787(b))
Volume of coating applied at
unaffected major sources
(§ 63.781(b))
Volume of each low-usage-
exempt coating applied at
affected sources (§ 63.781(c))
ID of the coatings used, their
appropriate coating categories,
and the applicable VOHAP limit
Determination of whether
containers meet the standards
described in § 63.783(b)(2)
Results of M-24 or other
approved tests
Certification of the as-supplied
VOC content of each batch
Certification of the as-applied
VOC content of each batch
Volume of each coating applied
Density of each thinner and
volume fraction of solids (or
nonvolatiles) in each batch
Maximum allowable thinning
ratio(s) for each batch
Volume used of each batch, as
supplied
Total allowable volume of thinner
Actual volume of thinner used
Identification of each group of
coatings and designated thinners
All options
Red.
/
/
/
/
/
/
/
/








Rpt.
/
/

/
/
/
/









Option 1
Red.








/
/






Rpt.









/






Option 2
Red.










/
J
/
/
/

Rpt.










/
/
/
/
/

Option 3
Red.










/
/
/
/
/
/
Rpt.










/
/
J
J
J
S
  Note: Option 4 requirements parallel those shown for Options 1 through 3, depending on whether or not
       and how thinners are used. When using Option 4, the term "VOHAP" should be used in lieu of
       the term "VOC".
                                       Page 7

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OVERVIEW OF THE REGULATION                                        CHAPTER 2
      -CITE-
         15 USC Sec. 205a                            01/24/94

      -EXPCITE-
         TITLE 15 - COMMERCE AND TRADE
         CHAPTER 6 - WEIGHTS AND MEASURES AND STANDARD TIME
         SUBCHAPTER II - METRIC CONVERSION

      -HEAD-
         Sec. 205a. Congressional statement of findings

      -STATUTE-
          The Congress finds as follows:
           (1) The United States was an original signatory party to the
          1875 Treaty of the Meter (20 Stat. 709), which established the
          General Conference of Weights and Measures, the International
          Committee of Weights and Measures and the International Bureau of
          Weights and Measures.
           (2) Although  the use of metric measurement standards in the
          United States has been authorized by law since 1866 (Act of July
          28, 1866; 14 Stat. 339), this Nation  today is the only
          industrially developed nation which has not established a
          national policy of committing itself and taking steps to
          facilitate conversion to the metric system.
           (3) World trade is increasingly geared towards the metric
          system of measurement.
           (4) Industry in the United States is often at a competitive
          disadvantage when dealing in international markets because of its
          nonstandard measurement system, and is sometimes excluded when it
          is unable to deliver goods which are measured in metric terms.
           (5) The inherent simplicity of the metric system of measurement
          and standardization of weights and measures has led to major cost
          savings in certain industries which have converted to that
          system.
           (6) The Federal Government has a responsibility to develop
          procedures and techniques to assist industry, especially small
          business, as it voluntarily converts to the metric system of
          measurement.
           (7) The metric system of measurement can provide substantial
          advantages to the Federal  Government in its own operations.

      -SOURCE-
         (Pub. L. 94-168, Sec. 2, Dec. 23, 1975, 89 Stat. 1007; Pub. L.
         100-418, title V, Sec. 5164(a). Aug. 23,  1988, 102 Stat. 1451.)

      -REFTEXT-
                         REFERENCES IN TEXT
                                     PageS

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                                       CHAPTER 3
                      DOES THIS REGULATION APPLY TO ME?
APPLICABILITY OF THE REGULATION
     The shipbuilding NESHAP is applicable to
any major source of HAP emissions using more
than 1,000 liters of marine coatings  annually.
The actual  and potential emissions  of HAP
materials from most shipyards are substantially
less  than the major source cutoff limits [i.e.,
9.1 Mg/yr (10 tons/yr) of any  single  HAP, or
22.8 Mg/yr (25 tons/yr) of all HAP combined].
To determine the applicability of this regulation
to your facility, you must determine whether the
plant site  as  a whole is  a major source.   A
formal HAP emissions inventory should be used
to determine if total potential  HAP  emissions
from all HAP emission sources at the plant site
meets the definition of a major  source.   This
inventory should include  all  activities resulting
in HAP emissions  (whether shipbuilding/repair
related or not).
     Existing  major  sources may  switch to
"synthetic area source" status by obtaining and
complying  with an enforceable  limit on  their
potential to emit prior to the "compliance date"
of the regulation.  The  "compliance  date" for
this  regulation is  December 16,  1997.   New
major sources are  required to comply with the
NESHAP requirements  upon start up  or the
promulgation date, whichever is later. If your
facility  with  potential HAP emissions greater
than the   cutoff   limit(s)  has  not  obtained
enforceable limits on its potential to emit by the
compliance date, and has  not complied with the
NESHAP requirements, you will be in violation
of the  NESHAP.   All sources  that are major
sources for  HAP on  the compliance  date are
required  to  comply   permanently with  the
NESHAP  to  ensure  that  the  maximum
achievable  reductions  in toxic emissions are
achieved and maintained.
    Are there any  small  usage  provisions?
Any source having surface  coating operations
with less than 1,000 liters annual marine coating
usage does  not have to comply with the MACT
standard. This provision gives relief to a source
that qualifies  as  a major  source because of
activities other than shipbuilding/repair surface
coating operations.    However, the source  is
required  to keep  records  of the volume of
coating used in a year.
    How many  facilities   are  affected  and
where are they located? The EPA  estimates
that there are about 437 shipbuilding  and  ship
repair facilities (i.e., shipyards) nationwide. Of
the estimated 437  shipyards,  35 are estimated to
be major sources of HAP emissions. Figure 3-1
and Table 3-1 show the approximate distribution
of the facilities by State. Appendix C lists the
known facilities that are believed to be affected
by this regulation.
    If a major  source facility  has several
painting operations  and only some  of those
operations  exceed the  minimum  1,000  liters
annual marine  coating usage,   is the  ship-
building NESHAP  applicable?    The  ship-
building  NESHAP is applicable to any major
source of HAP (and all associated operations or
process steps) that has total marine coating usage
greater than the 1,000 liter cutoff.  The cutoff
                                           Page 9

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DOES THIS REGULATION APPLY TO ME?
                                CHAPTERS
was intended to minimize the recordkeeping and
reporting  burden for  those  facilities  doing
minimal  or  touch-up  painting  with  marine
coatings.
     If a ship is docked  in  a major source
facility, are any painting activities conducted by
the ship's crew covered by the regulation?  All
activities conducted within the boundaries of the
shipyard must be accounted for, are subject to
the requirements  of the regulation, and are the
responsibility  of  the shipyard owner/operator.
When the Agency collected coatings and solvent
usage information from the industry, there was
no differentiation made  regarding  who  was
applying the various coatings and/or solvents.
      What about shipyard painting operations
or activities that  are conducted away from the
actual land-based facilities (i.e., downstream or
 "down the river")? Some  determination would
have to  be made regarding  how far  into the
water the  shipyard's boundaries extend.   As
initial  guidance   on   this  issue,  we  would
recommend that such activities be considered the
same as other  painting activities  and  subject to
the same requirements.
      //  a  shipyard  company   uses   (leases)
facilities owned by the State or Port Authority,
 who   is   responsible   for   determining
applicability?  The  owner or operator of the
 "affected source" should conduct an  emissions
 inventory to determine major source status based
 on aggregate air emissions of all HAP material.
 If it is determined that the facility is a major
 source,   any  details  involving  compliance
 demonstration and/or reporting would have to be
 worked   with the   appropriate  enforcement
 agency.
 RULE OF THUMB - RED FLAG ALERTS
     If a shipyard answers yes to one or more
of the following questions it would suggest that
a more in-depth review would be appropriate
to determine if the facility is subject to the
NESHAP.
     1.  Did your shipyard use in the last year
or does it anticipate using in the current  year
75,000 or more liters of paints and solvents?
     2.  Did your shipyard paint in the last
year, or does it anticipate painting in the
current year 10 or more ships?
     3.  Did your shipyard paint in the last
year or does it anticipate painting in the
current year more  than 140,000 sq.meters of
ship or vessel  surfaces?
     4.  Did your shipyard's estimating
department allocate for its paint shops during
the last year or does it  anticipate allocating in
the current year more than 6000 manhours of
painting?
     5.  Did your shipyard  generate and list on
a hazardous waste manifest form in the last
year more than 15,000 liters of waste solvent?
                                            Page 10

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CHAPTERS
DOES THIS REGULATION APPLY TO ME?
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DOES THIS REGULATION APPLY TO ME?
CHAPTER 3
                  TABLE 3-1.  U.S. SHIPYARD LOCATIONS*
State
Louisiana
Texas
Virginia
California
Florida
Washington
New York
Mississippi
Alabama
Pennsylvania
Oregon
Wisconsin
Massachusetts
Maine
New Jersey
Ohio
Indiana
Illinois
North Carolina
South Carolina
Michigan
Rhode Island
Tennessee
Missouri
Hawaii
Georgia
Maryland
Puerto Rico
Alaska
Arkansas
Connecticut
Minnesota
Oklahoma
New Hampshire
TOTAL
No. of shipyards
74
53
34
33
33
25
21
17
15
12
10
9
8
7
7
7
6
6
6
6
6
6
6
5
5
4
4
3
2
2
2
1
1
1
437
                "This summary data was collected July/August 1991.
                                  Page 12

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                                       CHAPTER 4
                       WHAT DO I NEED TO DO TO COMPLY?
               OVERVIEW
    The following  four  principles  should  be
followed to comply with all requirements of the
regulation:
    1.  Buy/Use only compliant coatings;
    2.  Do not  thin any coating beyond  the
        associated maximum allowable thinning
        ratio;
    3.  Use good work practices when handling
        or transferring coatings, solvents, and/
        or resulting wastes; and
    4.  Follow all recordkeeping and reporting
        requirements.

   COATING COMPLIANCE OPTIONS
    Because  different shipyards track coating
and  solvent  usage  in  various  ways,  four
compliance options were developed and included
in the regulation.  Shipyards can choose one or
more  (and any  combination  of)  compliance
options  to demonstrate  compliance in their
monthly  records  and semiannual  compliance
report.  Options 1-3 are based on VOC being
used as  a surrogate for VOHAP.
•   Option 1:    Coatings  to  which thinning
    solvent will not be added—If you never thin
    coating  prior  to  application,   you  will
    probably want to choose option 1, which is
    the   most   straightforward   and  least
    burdensome in terms of recordkeeping  and
    reporting requirements.   Compliance  is
    determined on a coating-by-coating basis.
•   Option  2:    Coatings  to  which  thinning
    solvent will be added - coating-by-coating
    compliance—Should be used when coatings
    are thinned and  you want  to determine
    compliance on a coating-by-coating basis.
•   Option  3:  Coatings to which the same
    thinning  solvent  will be  added  -  group
    compliance —Similar to Option 2, with the
    exception that compliance  is demonstrated
    for a  group of coatings that are "grouped"
    by thinner  type.
•   Option 4:  Demonstration of compliance
    through  an   alternative   test  method—
    Involves demonstration of compliance using
    an alternative test  method that  measures
    VOHAP content  of a coating rather than
    VOC content as  in options 1 through 3.
    Similar/parallel options to those  under 1
    through 3 are implied under option 4. (See
    Figure 4-1.)
Additional detail on these options is provided in
Chapter 5.
    Is averaging allowed? No.  For purposes
of complying with the  NESHAP, no marine
coating with a  VOHAP content exceeding the
applicable  limit in Table 2-1 can  be  applied.
The issue  of averaging  was  considered during
the development of the NESHAP, and average
limits were proposed to industry representatives
as part of the regulatory alternatives evaluated
prior  to proposal.  (The average  limits were
significantly lower than the maximum never-to-
be-exceeded limits.) Industry, as represented by
                                          Page 13

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WHAT DO I NEED TO DO TO COMPLY?
                                CHAPTER 4
those participants  in  the  meetings held with
EPA, did not want average limits because of the
additional recordkeeping burden and the fact that
most existing State regulations utilize the same
type of maximum never-to-be-exceeded limits
for marine coatings.
     It  is important  to  note that a  type of
averaging is allowed for certain recordkeeping
and reporting purposes  (compliance option 3).
This  "averaging"  of  recordkeeping/reporting
data associated  with coatings grouped together
by  the type of thinning solvent is only  meant to
provide flexibility to  shipyards and hopefully
reduce the paperwork burden (i.e.,  labor hours)
needed to  compile  monthly records.   This
approach will be beneficial to any facility doing
minimal thinning or using one or two particular
thinners for all  of their marine coatings.
     The limits for this regulation are set in
terms  of grams of VOHAP per liter  of solids
(g/L) and are  "never to be exceeded."   What
does this mean  from a compliance  perspective?
The regulation requires that each and every
container of "as applied" coating must comply
with the applicable maximum or   "never to be
exceeded" VOHAP content limit. Averaging of
compliant  and noncompliant  paints  is  not
allowed.  The  semi-annual  compliance reports
can be completed using units of g VOHAP/L of
solids or g VOHAP/L of coating for shipyards
using  compliance option  1.   The NESHAP
provides this flexibility to  allow  shipyards to
report coating  compliance  in those terms  with
which they are most familiar or  comfortable.
However, the  solids (nonvolatiles) based units
are to be used with compliance options 2,3, and
4 and in resolving any "equivalency" questions.
     What if I want to use a different control
technique?   You  may  use  another  control
technique,  as  long  as  you  meet and can
demonstrate an equivalent emission reduction for
your facility.  You  will need EPA approval to
choose another technique, as well  as get EPA
approval on  the  monitoring  parameters   or
alternative test methods that you will use.

           WORK PRACTICES
     Besides  complying  with  the  VOHAP
emission  limits   discussed   in   the   above
compliance options, you will also be required to
meet work practice standards.  The procedures,
equipment, training,  etc., to meet work practice
standards are to be identified and explained in
your implementation plan. Also, the procedures
to be used  for documenting  (record and  report
compliance) that the work practice standards are
being  met  have  to  be described  in your
implementation plan as  well.   Examples  of
specific work practice standards are included as
part of  the  example  implementation  plan  in
Appendix E.
                                           Page 14

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CHAPTER 4
                          WHAT DO I NEED TO DO TO COMPLY?
     Determine coating
    category and VOHAP
    limit for each batch of
          coating
       Use VOHAP
       or VOC (as a
       surrogate) for
       demonstrating
       compliance?
  OPTION 4
Certify VOHAP
content of each
    batch
             VOC
             (as a surrogate)
       OPTIONS 1-3
     Certify VOC content
      of each batch (as
         supplied)
                            Determine
                          compliance on a
                         coating-by-coating
                               basis
  Determine
compliance on a
  group basis
Are winners ever
  added to the
   coating?
                                Figure 4-1.  Compliance options.
                                             Page 15

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WHAT DO I NEED TO DO TO COMPLY?                                CHAPTER 4
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                                Page 16

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                                       CHAPTER 5
                   HOW WILL I DEMONSTRATE COMPLIANCE?
     Once you have selected which compliance
option(s) you intend to use (documented in your
implementation plan), you have until the 15th
day  of  each calendar  month  to  compile the
required information to demonstrate compliance
for the previous month. Figure 5-1 provides a
flow diagram of all four compliance procedures
and Table  5-1 gives step-by-step instructions for
demonstrating  compliance using  each  of the
compliance options.  The required information
varies   slightly, depending  on   the  selected
compliance  option,  but  generally  involves
certifying  the total amount  of  each type  (i.e.,
category)  of coating  applied during the month
compiled with the  applicable VOHAP limit in
Table 2-1.
     The  "certification" of each coating is the
key to demonstrating compliance.  Figure 5-2
can be used for certifying the VOC content of a
specific coating, and Figure 5-3 can be used for
certifying  the  VOHAP content  of  a specific
coating.   Other forms  may  be used  to certify
either the  VOC or VOHAP content of a marine
coating  (see examples  in Appendix E) and  it
should be noted that the  majority of the  work
associated with the certification and compliance
demonstration   needs  to be  done   once the
coatings are ordered or received by the shipyard.
Many of the coatings will be used repeatedly and
having a good  database of  coating compliance
certification information will greatly simplify the
monthly compliance burden.
     If  thinning  solvents  are  sometimes or
routinely added to coatings prior to application,
there  are   equations   to   be   used   (see
§ 63.785(c)(2))  to   calculate   the  maximum
allowable thinning ratio and the total allowable
volume of thinner.  Once again, you can  save
yourself a lot of time by collecting the relevant
coating  and  solvent data prior to the actual
application in the field.  Similar provisions are
included   for  cold   weather   (temperatures
<4.5 °C)  conditions,  as  well  as  separate
VOHAP  limits (see  Table 2-1).
     The source has an  existing inventory of
paints that may exceed  the NESHAP limits.
Can the  source finish its inventory after the
compliance date?   Can the source enter into
consent orders or have a grace period to use it
up? The other alternative would be to dispose
of it as hazardous waste.  In light of the recent
direct final regulation  (June 18,  1996), which
extended the compliance date  from December
16,  1996 to  December  16, 1997, the  EPA
believes  there  should  be no  reason  to  have
noncompliant  coatings  in inventory  at   any
shipyard on the new compliance date.  Industry
representatives  and trade  associations   have
worked with the EPA for  the  past 5 years in
developing the NESHAP and the  CTG and are
well  aware  of  the  limits.     The  coating
manufacturers  and  the  National  Paint   and
Coatings  Association  (NPCA)  are  similarly
informed.
                                           Page 17

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HOW WILL I DEMONSTRATE COMPLIANCE?
                                                                                                   CHAPTERS
                 START
           md VOHAP Imit for each
          Certify VOC contort of each
             batch (as suppled)
                ArethJmers
               ever added to
                tnc ooflt«n01
          Certify VOC content of each
              batch (is applied)
            Notify pajntan that no
            thnnar may be added
           (via label or other meare)
                                                 Note: OPTION 4 shall follow the same procedures
                                                 shown for Options 1 through 3, depending on
                                                 whether and how thinners are used. When using
                                                 Option 4, the term "VOHAP" shall be used in lieu of
                                                 the term  "VOC."
                                                                   No
\
Yes
Determine volume solids
and maximum allowable
thi mng ratio for each batch

,

Group coatings by thinner
                                                            Eqn  1
                                                            Eqn  2
   Determns volume solids
   and maximiin allowable
  thinning ratio for aach b&tch
Eqn 1
Eqn-2
                                   Notify palmers of dewgnated
                                 uwnor &nd triflxirrujn flHowBDlc
                                 thimng rabo (vn label or other
                                               s)
  Notify painters of designated
 thinner and maximum allowable
 thnrtng rabo (va label or other
                                              Determine volume of each batch
                                              thinned during previous month
                                                     (..supplied)
                                                                       Detcrmne volume of each batch
                                                                        airmad during PTAAOLJS month
                                                                              (as supplied)
                                               Del. total akwabte volume of
                                              thinner for each coating thinned
                                                 dunng previous month
                                                            Eqn 3
  Del total atowafaie volume of
Uimwr for each Qroi^p of coatings
 thinned during previous month
                                                                                                   Eqn 3
                 Is VOC
              content < VOHAP
                  Invf
                                          Is actual
                                      volume of thinner <
                                       allow volume''
         Is actual
     volume of thinner <
       aBow. volume'
                                                      HaveM24
                                                   or approved lasts \ Yes
                                                  on any coatrg shown
                                                   rancempiance?
    HaveM24
  or approved tests  \ Yes
on any coating shown
  oncom piano*'
         HaveM24
     or any approved tests
     on any costing shown
              OPTION 1
                                        OPTION 2
       OPTION 3
                               Figure 5-1.   Flow diagram of compliance procedures.
                                                          Page 18

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CHAPTER 5 HOW WILL I DEMONSTRATE COMPLIANCE?

TABLE 54. STEP-BY-STEP COMPLIANCE OPTIONS
Step 1.0
Step 2.0
Step 3.0
Do you want to demonstrate compliance using VOC data (Options 1,2, and 3) or VOHAP
data (Option 4)?
Set up a coatings and thinning solvent database: determine coating category, VOHAP limit,
and VOC/ VOHAP content of each batch of coating and thinning solvent (as supplied).
Depending on whether or not and how thinning solvents are added to a specific coating or
group of coatings, select compliance options 1, 2, or 3.
OPTION 1
Step 4.1
Step 5.1
Step 6. 1
Certify VOC/VOHAP content of each batch of coating (as applied).
Notify painters that no thinning solvent may be added to the coating and maintain a sample
of the documentation.
Document in monthly records that the VOC/VOHAP content of each coating is less than or
equal to the applicable VOHAP limit.
(Compliance is thereby demonstrated.)
OPTION 2
Step 4.2
Step 5.2
Step 6.2
Step 7.2
Step 8.2
Determine volume solids (nonvolatiles) and maximum allowable thinning ratio for each batch
of coating (using Equations 1 and 2 , if necessary) .
Notify painters of designated thinning solvent that may be added and the maximum
allowable thinning ratio and maintain a sample of the documentation.
Determine the "as supplied" amount (volume) of each batch of coating that was thinned
during the previous month.
Determine the total allowable amount (volume) of thinning solvent for each coating thinned
during the previous month using Equation 3 .
Document in monthly records that the volume of actual thinner added to each batch of
coating is less than or equal to the allowable volume.
(Compliance is thereby demonstrated.)
OPTION 3
Step 4.3
Step 5.3
Step 6.3
Step 7.3
Step 8.3
Step 9.3
Group coatings by thinner type (e.g., all coatings thinned with the same thinning solvent).
Determine volume nonvolatiles (solids) and maximum allowable thinning ratio for each batch
of coating (using Equations 1 and 2, if necessary).
Notify painters of designated thinning solvent that may be added and the maximum
allowable thinning ratio and maintain a sample of the documentation.
Determine the "as supplied" amount (volume) of each batch of coating that was thinned
during the previous month.
Determine the total allowable amount (volume) of thinning solvent for each group of
coatings thinned during the previous month using Equation 3 .
Document in monthly records that the volume of actual thinner added to the group of
coatings is less than or equal to the allowable volume.
(Compliance is thereby demonstrated.)

Page 19

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HOW WELL I DEMONSTRATE COMPLIANCE?                                    CHAPTER 5
                                  VOC DATA SHEET:1
      PROPERTIES OF THE COATING "AS SUPPLIED" BY THE MANUFACTURER2

Coating Manufacturer:	
Coating Identification:	
Batch Identification:	
Supplied To:	
Properties of the coating as supplied2 to the customer:
A.  Coating Density:   (Dc)s	g/L
       D ASTM D1475-90  D Other'
B.  Total Volatiles:   (n\.)s	Mass Percent
       D ASTM D2369-93  D Other3
C.  Water Content:
    1. (n\,)s	Mass Percent
       D ASTM D3792-91  D ASTM D4017-90   D Other'
    2. (vw)s	Volume Percent
       D Calculated         D Other1
D.  Organic Volatiles: (m0)s	Mass Percent
E.  Nonvolatiles: (vjj	Volume Percent
       D Calculated         D Other3
F.4 VOC Content (VOC)S:
       1.	g/L  solids (nonvolatiles)
       2.	g/L  coating (less water and exempt compounds)
G.  Thinner Density:   D^	g/L
       ASTM	  D Other3
Remarks: (use reverse side)

       Signed:	Date:	
 'Adapted from EPA-340/1-86-016 (July 1986), p. II-2.
 2The subscript "s" denotes each value is for the coating "as supplied" by the manufacturer.
 3Explain the other method used under "Remarks."
 4Include mass of HAP "exempt" compounds.

                               Figure 5-2. VOC Data Sheet.

                                         Page 20

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CHAPTER 5                                   HOW WILL I DEMONSTRATE COMPLIANCE?
                                VOHAP DATA SHEET:1
      PROPERTIES OF THE COATING "AS SUPPLIED" BY THE MANUFACTURER2

Coating Manufacturer:	
Coating Identification:	
Batch Identification:	
Supplied To:	

Properties of the coating as supplied2 to the customer:
A.  Coating Density:   (Dc)s	g/L
       D ASTM D1475-90   D  Other1
B.  Total Volatiles:   (mjs	Mass  Percent
       3 ASTM D2369-93   D  Other3
C.  Water Content:
     1. (mJs	Mass Percent
       D ASTM D3792-91   D  ASTM D4017-90   G Other'
    2. (vjs	Volume Percent
       C Calculated         [J  Other3
D.  HAP Volatiles: (mHAP)5	Mass Percent
E.  Nonvolatiles: (vn)s	Volume Percent
       LJ Calculated         D  Other
F.  VOHAP Content  (VOHAP)5:
       1.	g/L solids (nonvolatiles)
       2.	g/L coating (less water and exempt compounds)
G.  Thinner VOHAP Density:  D,^^,	g/L
       ASTM	  D Other3
Remarks: (use reverse side)

       Signed:	Date:	
'Adapted from EPA-340/1-86-016 (July 1986), p. II-2.
2The subscript "s" denotes each value is for the coating "as supplied" by the manufacturer.
3Explain the other method used under "Remarks."
                             Figure 5-3. VOHAP Data Sheet.

                                        Page 21

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HOW WILL I DEMONSTRATE COMPLIANCE?                            CHAPTER 5
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                                Page 22

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                                      CHAPTER 6

                WHAT RECORDKEEPING AND REPORTING WILL I
                                     NEED TO DO?
           RECORDKEEPING
    This  regulation  requires that you  keep
records to document your compliance status with
the regulation.  It is recommended that someone
at  each facility be identified to maintain  all
NESHAP compliance recordkeeping information
as  required for each  option used during the
reporting periods.    These records  must  be
maintained  for  5 years.   Many, but not all,
recordkeeping items are reported.  The record-
keeping  requirements  are  summarized  in
Table 2-2.

               REPORTING
    You  must  submit  all  reports  to the
Administrator before  the  60th day  following
completion  of  each 6-month period after the
compliance date.  The "Administrator" is the
appropriate Regional  Office  of  the  U.  S.
Environmental  Protection  Agency (as listed in
Table 10-1  of this guidebook) or the delegated
State or local authority.  You may contact the
appropriate EPA Regional  Office to  identify
those  State or  local  agencies  with  delegated
authority.  The required reports may be sent by
U.S. Mail, fax,  or by  another courier (including
electronic submission).  The reporting require-
ments  are  summarized  in Table 2-2.   For
existing sources, the first six month compliance
period ends June 16,  1998, and the  associated
compliance report is due August  16, 1998.
  RECORDKEEPING AND REPORTING
            REQUIREMENTS
     For both  recordkeeping  and  reporting,
specific requirements vary according to which
particular   compliance  option  you   choose.
(These  compliance  options are  detailed  in
Chapter 4.)  Regardless of which option you
choose, you must record and,  in most cases,
report the following items:
•    Initial notifications
        If your source had an  initial  start-up
        date before  December  15, 1996,  (this
        would   include  all  affected  existing
        facilities), you should have submitted an
        initial  notification by June 15, 1996.
        Any new source (with an initial start-up
        date on or  after  December  15, 1996)
        must  submit   an  initial  notification
        6 months  prior  to start-up.     (See
        Appendix D.)
•    Implementation Plan
        Existing sources must submit an imple-
        mentation plan by December 16, 1996.
        A   sample  implementation  plan  is
        included as  Appendix E.  The  sample
        implementation plan is only an example;
        you can use any format as long as  your
        implementation plan provides  the fol-
        lowing information:
                                          Page 23

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WHAT RECOKDKEEPING AND REPORTING WILL I NEED TO DO?
                                CHAPTER 6
        (1) Coating Compliance Procedures
        (2) Recordkeeping Procedures.   You
           must include the procedures for
           maintaining  all  required  records,
           including the procedures for gather-
           ing  necessary data  and making
           calculations
        (3) Transfer, Handling,  and Storage
           Procedures.  You must include the
           procedures for ensuring compliance
           with the requirements  of the regula-
           tion as discussed  in Chapter 5
•    Monthly records
        (1) Volume  of each low-usage-exempt
           coating applied (by month)
        (2) Identification of the coatings used,
           their EPA categories,  and VOHAP
           limits
        (3) Results of Method  24 or other ap-
           proved measurements on individual
           containers
        (4) Certification  of  as-supplied VOC
           content for each  batch of coating*
            (See examples in Appendix F)
     Additional  recordkeeping  and  reporting
requirements  depend on your facility's specific
compliance procedures. (These procedures are
described in  Chapter 5 of this guidebook.) The
following discussion presents these requirements
according to the  specific compliance procedures.
Option 1 - No Thinning Solvents Added
     If your  facility  does not add any thinning
     solvents to coatings, you  may opt to use
     option 1.   If you choose this option, you
     must record the following information:
     •  Certification of  the  as-applied  VOC
       content of each batch of coating (which
       is the same as the as-supplied  VOC
       content)
     •  The volume of each coating applied*
     •  Compliance violations, if applicable
Option 2 - Coating-By-Coating Compliance
     If you choose this type of compliance, you
     must record the following information for
     each coating for each month:
     •  Designated thinner for the coating and
       its density
     •  Volume fraction of solids (nonvolatiles)
       for each batch of the coating, including
       calculations *
     •  Maximum  allowable thinning ratio for
       each batch of the coating,  including
       calculations *
     •  Cold weather  dates and times, below
       4.5°C (if cold weather VOHAP content
       limits are used) *
     •  Volume of each batch of the coating
       applied *
     •  Total  allowable   volume  of thinner,
       including calculations *
     •  Actual  volume of thinner used
     •  Compliance violations, if applicable
Option 3 - Group Compliance
     If you choose this type of compliance, you
     must record the following information:
     •  Designated thinner  for  the  group  of
        coatings and its density
     •  Mass fraction and volume fraction of
        solids (nonvolatiles) for each batch of
        each coating in the group,  including
        calculations *
 *Must be recorded, but not reported.
                                           Page 24

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CHAPTER 6
WHAT RECORDKEEPESfG AND REPORTING WILL I NEED TO DO?
     •  Maximum  allowable thinner ratio for
       each batch, including calculations *
     •  Cold  weather dates and times,  below
       4.5°C *
     •  Identification  of coating groups  and
       thinners *
     •  Volume applied of each batch of each
       coating in the group *
     •  Total  allowable  volume of  thinner,
       including calculations *
     •  Actual volume of thinner used*
     •  Compliance violations, if applicable
Option 4 - Alternative Test Method
     Compliance may be demonstrated through
     an alternative (i.e., other than EPA Method
     24)  test  method.    If  you  choose  an
     alternative test method where compliance is
     based  on  actual VOHAP  content,  rather
     than   the  VOC  surrogate  used  under
     Options 1-3,  you must record  and  report
     the Administrator-approved VOHAP test
     method or certification procedure.   The
     other   recordkeeping   and    reporting
     requirements  are  identical to  those of
     Options 1, 2, or 3, depending on  if and
     how thinners are used.
Method 311   - Analysis of  Hazardous  Air
Pollutant Compounds in Paints and Coatings by
Direct Injection into a Gas Chromatograph was
developed  by  EPA as a  result of  the  Wood
Furniture    (Surface   Coating)   NESHAP.
However,  any alternative test method must meet
the  specified  accuracy  limits  for  sensitivity,
duplicates, repeatability,  and  reproducibility
coefficient  of   variation    described    in
Section 63.786  Test methods and Procedures of
the final regulation (see Appendix A).
                          (Note:  When using Option  4,  the  term
                          "VOHAP" should be used instead of the
                          term  "VOC" since compliance  is to be
                          demonstrated using actual VOHAP content-
                          -see Figure 5-1 and Table 5-1.)
                      What if a violation in the standard occurs?
                          If you detect a violation of the  standards,
                      you must record  additional information for the
                      remainder of the  reporting period during which
                      the violation occurred.  Your violation may be
                      covered by  a Federally-approved  exemption
                      (e.g.,  a promulgated exemption from an emis-
                      sion limitation or  standard  published  in the
                      Federal Register).  If it is, you must report the
                      following information:
                          •  A summary of the number and duration
                             of the violations, classified by reason
                          •  A  summary of  the number  and  total
                             duration  of  incidents  in  which the
                             monitoring procedures did not operate
                             smoothly  or  produced  data  that was
                             inaccurate, classified by reason.
                          •  The compliance status on the last day of
                             the reporting period and information on
                             whether compliance was continuous or
                             interrupted during the reporting period.
                      For other  violations, a federally-approved ex-
                      emption may not apply to the violation. In these
                      instances, you must report the following infor-
                      mation:
                          •  The magnitude of each violation
                          •  The reason for each violation
                          •  A  description of the  corrective action
                             taken for each violation, which should
                             include actions taken to minimize each
                             violation and the action taken to prevent
                             reoccurrences
                                           Page 25

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WHAT RECORDKEEPING AND REPORTING WILL I NEED TO DO?	CHAPTER 6

     •  All  quality assurance  activities per-
       formed on any monitoring procedures.
There has been some confusion regarding the
initial notification and the implementation plan
for complying with the shipbuilding NESHAP.
When are they due?  When the final regulation
was published  in  the  Federal  Register  on
December 15, 1995 (see Appendix A), both the
initial notification and implementation plan were
to be submitted by June 15,  1996.  However,
the direct final regulation published on June 18,
1996 in the Federal Register extended the due
date for  submitting your implementation plan
until December 16,  1996, and extended the com-
pliance date  to December 16, 1997.   It was
EPA's intent to  only extend the due date for
submitting the implementation plan  and  extend
the compliance date.  Initial  notifications were
never an issue and were due June 13, 1996.
                                          Page 26

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                                        CHAPTER 7
               WHAT ARE MY POLLUTION PREVENTION OPTIONS?
     What is Pollution Prevention? As stated in
the Pollution Prevention Act of 1990, Congress
has declared it to  be the nation's  policy that,
wherever feasible, pollution should be prevented
or reduced at  the source.   The Act states that
source reduction is more desirable than waste
management and  pollution control.   Source
reduction is defined as any practice that reduces
the amount of  any hazardous substance entering
the waste stream or otherwise released into the
environment (from a process) prior to recycling,
treatment, or disposal. Therefore, you must also
consider wastewater,  hazardous waste, and solid
waste effects  and regulations as  well  as  air
pollutant emissions in selecting any method of
control.
     What  are  my  options?  This regulation
allows for pollution prevention measures to be
used when complying with  the requirements of
the regulation.   The entire regulation focuses on
pollution prevention  in that the marine coating
limits  are  based   on  switching  to  lower
VOC/VOH AP coatings (alternatives are allowed,
but require  special  approval)  and the work
practice  standards  are  intended  to   reduce
evaporative  losses  and  prevent   spills   and
accidental emissions.
     There  are  several   potential  pollution
prevention options for the shipbuilding and ship
repair industry, many of which can be included
as work practice standards in the facility-specific
implementation plan.
    These options include:
    • More efficient application equipment
    • Extensive operator training
    • Reformulated marine coatings
    • Recycling of cleaning solvents
    • Alternative cleaning  materials
    • Containment around storage areas for
       VOC/VOHAP-containing materials
    Other pollution prevention measures include
(1) carefully handling and transferring all VOC/
VOHAP   containing materials   to   and   from
containers,  tanks, vats,  vessels, and piping
systems so  that spills  are minimized  and (2)
closing all thinning solvent and waste containers
that hold  any  VOC/VOHAP unless  adding or
removing  materials from them.
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                                      CHAPTERS

      HOW DOES THIS REGULATION RELATE TO OTHER FEDERAL AND
                        STATE OR LOCAL REQUIREMENTS?
              PERMITTING
     Witt I need a  State operating permit?
Yes.   Under  title V, all  major sources are
required  to  obtain  permits-no  deferrals  or
exemptions are allowed for these major sources.
     Title V   operating   permit   program
background.  Title V of the CAA as amended in
1990  requires  the   establishment  of  State-
implemented operating permits programs with
Federal oversight.  Prior  to  the  1990 amend-
ments, sources were not required by Federal law
to obtain operating permits for sources  of air
pollution emissions.   However,  many  States
issued their  own operating permits to certain
sources.  You may have been  required to obtain
an operating permit for your facility under  a
State permit program in the past.   Now,  all
major sources  are required to obtain a  title V
operating permit.
     Permit  requirements  in general.    The
operating permit program will incorporate all
applicable Federal CAA regulation requirements
and any State or local government requirements.
Therefore, permit requirements will be at least
as stringent  as  requirements  mandated by the
Federal CAA regulations (e.g., the shipbuilding
and ship repair NESHAP).
     The basic  format of operating permits  is
detailed (codified) in part 70 of title 40  of the
Code of Federal Regulations (40 CFR part 70).
Owners or  operators of facilities  subject to
Federal CAA regulations will have to:
     *•  submit a permit application;
     *  submit compliance plans and schedules;
     *  comply with all applicable air emission
       limits and standards listed in the permit
       (e.g., the shipbuilding and ship repair
       NESHAP);
     *  conduct monitoring (if required), submit
       monitoring  reports,  and  make semi-
       annual  certifications of  the  source's
       compliance status;
     +  submit  applications  for   any  permit
       modifications;
     *•  submit applications for permit renewals
       every 5 years;  and
     *  pay a permit or emission fee.
     Does my State have a permitting program?
All States  must develop  a  title V  operating
permits  program.   States  were  required  to
submit  their permitting programs to EPA  for
approval  by November 15,  1993.   One year
later, the EPA was to have  approved the States'
permitting programs and authorized the States to
administer their programs.   As of July 1996,
approvals have been published in the  Federal
Register  for 42 State  and  56 local programs;
additionally,  EPA  has proposed to approve
another  4 State agency programs and 3 local
agency  programs.   The  EPA's Technology
Transfer Network (TTN),  an electronic bulletin
board system, has  the latest status  of permit
program  submittals   and  approvals.    (See
Chapter 10  for instructions on how to access the
TTN.)  You may also contact your State or local
                                          Page 29

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HOW DOES THIS REGULATION RELATE TO OTHER
FEDERAL AND STATE OR LOCAL REQUIREMENTS?
                               CHAPTERS
air   pollution  control  agency   for   more
information on the status of your State's title V
operating permit program.
     When do I apply for my operating permit?
Your deadline for submitting a title V operating
permit application will depend  on when your
State or local  title V  permitting program is
approved  by  the EPA.    In  general,  your
application will be due within  12 months after
the title V program approval date.  However,
some State and local permitting authorities have
shorter  deadlines.    Once you   have  your
operating permit, it must be renewed or updated
at least every 5 years.

      EPA's GENERAL PROVISIONS
     On  March 16,  1994,  EPA published the
General Provisions for all regulations codified in
part 63  (i.e.,  all NESHAP) of the Code of
Federal Regulations  (CFR).    These  General
Provisions   were  published  in  the  Federal
Register   in  volume 59,   beginning   on
page 12408.  When a source becomes subject to
a  regulation in  part 63,   it automatically is
subject  to  the  General  Provisions as  well.
However, individual  regulations in part 63 may
override part or all of the  General Provisions.
In the case  of this regulation,  EPA has  over-
ridden some of the requirements of the General
Provisions.     Table 1  of the  shipbuilding
regulation (located on page 64344 of the Federal
Register text, see Appendix A) explains in detail
which sections apply and  which sections are
overridden.
       STATE OR LOCAL MARINE
        COATING REGULATIONS
     State or local requirements that may have
affected you prior to the new Federal regulation
for shipbuilding and  ship  repair continue to
apply.    The  new  Federal  regulation is the
minimum emission control that is  required
nationally.   Some  State and local agencies do
require  stricter limits.  If the current State or
local standard  is  less stringent than the Federal
regulation, the Federal regulation must be met.
     The format of State or local standards may
be different  also.   For example,  the California
Air Resources Board  (CARB). the various air
quality management districts in California, and
the State of Louisiana have marine coating limits
expressed in terms of mass (g) of VOC per
volume (L)  of coating less water and exempt
compounds.  State regulations typically relate to
VOC rather than VOHAP.  Accordingly, State
rules may have shorter compliance periods (e.g.,
daily rather  than monthly).  The  NESHAP was
based primarily on the marine coating limits in
California, and the solids- (nonvolatiles) based
limits of the NESHAP are equivalent to  those
limits expressed in the California marine coating
regulation.
     In addition  to air  pollution regulations,
shipyard surface coating operations may also be
subject to wastewater and solid waste disposal
regulations.   Contact  your State or local per-
mitting authority for more information.
                                           Page 30

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                                       CHAPTER 9
                             HOW MUCH WILL IT COST?
               OVERVIEW
     The cost of complying with the regulation
will   typically   involve   additional   material
(coatings) and  recordkeeping  and  reporting
costs. As summarized in Chapters 4 and 5, you
only have to use compliant coatings (which are
readily available in today's market) and  good
work practices to comply  with the regulation.
Compliant coatings may be more expensive than
the conventional  coatings  they  replace.   In
addition,  demonstrating   compliance   to  the
appropriate enforcement  official  will  involve
more paperwork  and labor to complete  that
paperwork.  Many  of the larger  (i.e., Tier I)
shipyards have  tracking systems  currently in
place that will only have to be modified slightly
or not at all. Shipyards located in states such as
California  and  Louisiana  that   have  been
complying with similar requirements for several
years should have minimal  cost impacts as well.
     In   developing  cost  impacts   of   the
regulation, EPA used model plants to analyze
separate costs. Table 9-1 summarizes  the costs
for each size and type of model shipyard. These
results represent the original shipyard costs to
comply  and were calculated as the difference
between before (baseline)  and after NESHAP
costs.  The average shipyard was projected to
spend $58,000/yr to comply with the regulation.

      MATERIAL  (COATING) COSTS
     The net  cost associated with switching to
lower-VOHAP coatings was assumed to be the
sum of the additional cost of compliant coatings,
the savings associated with higher solids content,
the savings  associated with decreased  thinner
usage. Costs were developed for "baseline" (all
coatings  being  used currently) and  for  those
coatings   meeting  the  VOHAP  limits   in
Table 2-1.   The difference between the use  of
baseline and compliant coatings is presented  in
Table 9-1.
     For the impact analysis, it was assumed
that the total build of a lower-VOHAP coating
(the dry film thickness) would equal that of the
conventional counterpart, i.e., the total amount
of solids  (nonvolatiles) applied would remain
constant. Because lower-VOHAP solvent-borne
coatings contain more nonvolatiles (solids), the
total volume of paint needed to coat a given area
is less than for  the conventional,  lower-solids
coatings (assuming constant transfer efficiency).
The lower-VOHAP coatings, however, are more
expensive on a dollar-per-unit volume basis.
     In evaluating  the  use  of lower-VOHAP
solvent-borne  coatings,  it  was  assumed that
lower-VOHAP coatings require the same amount
of  thinning  solvent,   liter   for   liter,   as
conventional coatings.  Because fewer  liters  of
lower-VOHAP coatings are required (as a result
of their higher solids content), thinner use would
decrease.  A decrease in the amount  of thinner
used results in VOHAP emission reductions and
a cost savings.
                                           Page 31

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HOW MUCH WILL IT COST?
                                CHAPTER 9
  RECORDKEEPING AND REPORTING
     Recordkeeping  and  reporting   (R&R)
practices are established by permit conditions,
and  in  some instances,  the requirements of
section 313 of the  Superfund  Amendments and
Reauthorization Act of 1986 (SARA 313).  For
that reason, the cost of recordkeeping to comply
with permit and SARA 313  requirements are
considered  as  the baseline  from which to
measure the incremental cost of this regulation.
Complying with the NESHAP will require more
involved  recordkeeping  practices than  those
necessary at the baseline.
     Recordkeeping and  reporting costs are a
function of the equipment and labor required. A
computer (and software) will probably be used.
Labor  requirements  include  training,   data
recording and analysis, and report preparation.
     Most large  and medium  shipyards already
maintain records to comply with State or local
permits as well as  SARA 313 requirements.  It
has  been assumed that the operations at these
facilities are complex  enough and the facilities
sophisticated enough that they already  use a
computerized system for R&R.
     The current  reporting  requirements  for
large  and  medium yards  (at  baseline)  are
assumed  to  consist of  an annual SARA 313
report and an annual report of VOC emissions.
To prepare these reports, it is assumed that the
facilities  have adapted their  central inventory
tracking system to record the quantity of each
paint and thinner  used at the yard.  It  is also
 assumed that this information is coupled with a
 data base in which the HAP and VOC contents
 of each paint and  thinner are stored. The total
 technical labor  devoted  to  recordkeeping  and
 reporting for large and medium yards prior to
 promulgation of the NESHAP is estimated to be
159 hours per years  (hr/yr).  To  comply with
the NESHAP it was assumed that no additional
equipment is required for any affected facility.
     Most of the additional costs associated with
the NESHAP will result from the higher costs of
compliant coatings compared to those being used
currently.  The recordkeeping and  reporting
burden   only   accounts  for  approximately
25 percent of the total costs.

              TOTAL COSTS
     Table 9-1 summarizes the total  industry
annual costs  resulting  from implementing  the
NESHAP,  which were  estimated to be  about
$2.0 million.    The  average  facility  cost  to
comply with the final regulation is estimated to
be $58,000/yr.  These estimates presume that all
incremental environmental costs are imposed as
a consequence of implementing MACT.  In fact,
those shipyards located  in nonattainment areas
(which is thought to include most of the 35) will
likely be required to bear essentially the same
costs to  meet State  requirements for limiting
VOC emissions as the States impose rules based
on EPA's  recommendations on best available
control measures (BACM) for control of VOC.

           PERMITTING FEES
     As  discussed in Chapter 8, you may be
required by the regulation to obtain an operating
permit under title V of the CAA. If so, you  will
be charged a permit or  emission fee by your
State or local  permitting authority when  you
apply for your title V permit.  This fee  will vary
from State to State.  For more information on
title V operating permit fees, contact your State
or local permitting authority or  the EPA
Regional Office for your State.
                                           Page 32

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CHAPTER 9
HOW MUCH WILL IT COST?
   TABLE 9-1. ESTIMATED COSTS FOR COMPLYING WITH NESHAP, $/YRa

Average total
coating usage,
L/yr (gal/yr)
Average total
solvent usage,
L/yr (gal/yr)
Additional (net)
material - coating
and solvent costs,
S/yr
Recordkeeping
and reporting
costs (above
baseline level),
$/yr
Total additional
costs, S/yr
Estimated
number of
affected facilities
Total costs, $/yr
Model Yards
Construction
Medium
158,726
(41,931)
43,532
(11,500)
40,217
9,825
50,042
8
400,336
Large
510,560
(134,876)
162,132
(42,831)
124,783
32,627
157,410
6
944,460
Repair
Medium
131,228
(34,667)
20,562
(5,432)
12,306
9,825
22,131
17
376,227
Large
453,718
(119,860)
23,091
(6,100)
43,448
32,627
76,075
4
304,300
Total industry costs = $2,025,323
Average facility costs = $57,866
  "Based on 1992 dollars.
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HOW MUCH WELL IT COST?                                         CHAPTER 9
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                                     CHAPTER 10
       WHERE CAN I GO FOR MORE INFORMATION AND ASSISTANCE?
        TELEPHONE CONTACTS
    For more information on how to comply
with this regulation, please call:
    « your State or local air pollution control
       agency;
    « your local,  regional, or national trade
       association;
    « your State  Small  Business Assistance
       Program; or
    » your State Small Business Ombudsman.
For information on your State Small Business
Assistance Program contacts, call EPA's Control
Technology Center Hotline at (919) 541-0800.
    Also, for more information, you may call
the EPA Regional Office that serves your State
or territory.   Table 10-1  lists the  telephone
numbers of the 10 EPA Regional Offices and the
States and territories that they serve.

    EPA's ELECTRONIC BULLETIN
            BOARD  SYSTEM
    The EPA operates an electronic bulletin
board,  the  Technology Transfer  Newark or
"777V," which contains copies of preambles and
regulations, background information documents,
policy   memoranda,   and   other   guidance
materials. You may access the TTN via modem
by dialing  (919) 541-5742 or the Internet  at
http:\\ttnwww.rtpnc.epa.gov.   Assistance with
the TTN is available by calling (919) 541-5384.
  OTHER EPA GUIDANCE MATERIALS
    In developing this  regulation, EPA  has
prepared  other  materials that  provide  more
information on  the  technical  aspects of  the
regulation.  These include:
    *• Surface  Coating Operations at  Ship-
       building  and Ship Repair Facilities-
       Background  Information for Proposed
       Standards (Volume I).
       EPA-453/R-93-030a.  February 1994.
    *• National  Emission   Standards   for
       Hazardous Air  Pollutants  for  Ship-
       building  and  Ship  Repair  Facilities
       (Surface   Coating)--Background
       Information for Final Standards.
       EPA-453/R:95-016b.  November  1995.
Copies of these  reports  are available through
EPA's Library' Services Office (MD-35),  U. S.
Environmental  Protection  Agency,  Research
Triangle Park, North Carolina  27711,  (919)
541-2777;  on  EPA's TTN; or, for a fee, from
the National  Technical  Information Services,
5285  Port  Royal Road,  Springfield,  Virginia
22161, (703)487-4600.
    Also, EPA has developed  an informational
pamphlet which  has summarized  much of the
general information contained in this guidebook.
A copy of the  pamphlet may be obtained by
contacting Dr. Mohamed Serageldin of EPA's
Emission Standards Division, Research Triangle
Park,  North Carolina.  His telephone,  fax,  and
email  are (919) 541-2379, (919) 541-5689,  and
serageldin.mohamed@epamail .epa.gov,
respectively.      You   may   also  contact
                                         Page 35

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WHERE CAN I GO FOR MORE
INFORMATION AND ASSISTANCE?	CHAPTER 10

Ms. Suzanne  Childress  of EPA's  Office of
Enforcement   and  Compliance   Assurance
(OECA), Mail Station 2223-A, 401 M  Street,
S.W., Washington, D.C. 20460.  Her telephone
and fax numbers are (202) 564-7018 and (202)
564-7018, respectively.
                                       Page 36

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CHAPTER 10
   WHERE CAN I GO FOR MORE
INFORMATION AND ASSISTANCE?
            TABLE 10-1.  EPA REGIONAL OFFICE CONTACTS
Region
1
2
3
4
5
6
7
8
9
10
Telephone #
(617) 565-3728
(212) 637-4023
(215) 597-3237
(404) 347-2864
(312) 886-6793
(214) 665-7225
(913) 551-7556
(303) 293-1886
(415)744-1143
(206) 553-1949
States covered
CT, ME, MA, NH, Rl
& VT
NJ, NY, Puerto Rico
& Virgin Islands
DE, MD, PA, VA,
WV & District of
Columbia
AL, FL, GA, KY,
MS, NC, SC & TN
IL, IN, MI, WI, MN
&OH
AR, LA, NM, OK &
TX
IA, KS, MO & NE
CO, MT, ND, SD,
UT& WY
AZ, CA, HI, NV,
American Samoa &
Guam
AK, ID, WA & OR
Address
Director, Air, Pesticides and Toxics Division
J.F.K. Federal Building
Boston, MA 02203-2211
Director, Air and Waste Management Division
290 Broadway
21st Floor
New York, NY 10007-1866
Director, Air, Radiation and Toxics Division
841 Chestnut Street
Philadelphia, PA 19107
Director, Air, Pesticides and Toxics
Management Division
345 Courtland Street, NE
Atlanta, GA 30365
Director, Air and Radiation Division
77 West Jackson Blvd.
Chicago, IL 60604-3507
Director, Air, Pesticides and Toxics
1445 Ross Avenue
Dallas, TX 75202-2733
Director, Air RCRA and Toxics Division
726 Minnesota Avenue
Kansas City, KS 66101
Director, Air and Toxics Division
999 18th Street
1 Denver Place, Suite 500
Denver, CO 80202-2405
Director, Air and Toxics Division
75 Hawthorne Street
San Francisco, CA 94105
Director, Air and Toxics Division
1200 Sixth Avenue
Seattle, WA 98101
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INFORMATION AND ASSISTANCE?                                    CHAPTER 10
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                                Page 38

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           APPENDIX A

    FEDERAL REGISTER NOTICE:
FINAL RULE AND DIRECT FINAL RULE
             Page A-l

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 64330    Federal Register / Vol.  60,  No  241 / Friday, December 15, 1995 / Rules  and Regulations
 Environmental Protection Agency,
   Region 4, Air Programs Branch, 345
   Courtland Street, Atlanta, Georgia
   30365
 Mississippi Department of
   Environmental Quality, Bureau of
   Pollution Control, Air Quality
   Division, P.O Box 10385, Jackson,
   Mississippi 39289-0385
   Effective immediately, all requests,
 applications, reports and other
 correspondence required pursuant to
 the newly delegated standards should
 not be submitted to the Region 4  office,
 but should instead be submitted to the
 following address: Office of Pollution
 Control, Mississippi Department of
 Environmental Quality, P.O Box 10385,
 Jackson, Mississippi 39289-0385.
 FOR FURTHER INFORMATION CONTACT:
 Scott M Martin, Regulatory Planning
 and Development Section, Air Programs
 Branch. United States Environmental
 Piotection Agency. Region 4, 345
 Courtland Street N E , Atlanta, Georgia
 30365, (404) 347-3555, x4216
 SUPPLEMENTARY INFORMATION: Section
 301. in conjunction with Sections 110
 and lll(c)(l) of the Clean Air Act as
 amended November 15, 1990,
 authorizes EPA to delegate authority to
 implement and enforce the  standards set
 out in 40 CFR Part 60, (NSPS)
   On November 10, 1981, EPA initially
 delegated the authority foi
 implementation and enforcement of the
 NSPS programs to the state  of
 Mississippi On Septembei  29, 1995.
 Mississippi requested a delegation of
 authority for implementation and
 enforcement of the following NSPS
 categon found in 40 CFR Part 60.
   Automobile and Light Dut\ Truck Surface
 C dating Operations, as amended by 59 FR
 51383 (October 11. 1994), as specified in 40
 CFR GO. Subpart MM
   After a thorough review of the
 request, the Regional Administrator
 determined that such a delegation was
 appropriate  for this source category with
 the conditions set forth in the original
 delegation letter of November 30, 1981.
 Mississippi sources subject  to the
 requirements of this subpart will  now be
 under the jurisdiction of Mississippi.
  Since review of the pertinent
Mississippi laws, rules, and regulations
 showed them to be adequate for the
 implementation and enforcement of the
aforementioned category of NSPS, the
 EPA hereby  notifies the public that it
 has delegated the authority for the
source category listed above on October
 30, 1995 The Office of Management and
Budget has exempted this rule from the
requirements of section 6 of Executive
Order 12866
  Authority This notice is issued under the
 authority of sections 101, 111. and 301 of the
 Clean Air Act. as Amended (42 U S C 7401,
 741 Land 7601)
  Dated November 22. 1995
 Patrick M Tobin,
 Acting Regional Administrator
 |FR Doc 95-30553 Filed 12-14-95, 8 45 am]
 BILLING CODE 6560-50-P
 40 CFR Part 63
 [AD-FRL-5335-3]

 RIN 2060-AD98

 National Emission Standards for
 Hazardous Air Pollutants for
 Shipbuilding and Ship Repair (Surface
 Coating) Operations

 AGENCY: Environmental Protection
 Agency (EPA)
 ACTION: Final rule

 SUMMARY: This action promulgates
 national emission standards for
 hazardous air pollutants (NESHAP)
 under Section 112 of the Clean Air Act
 as amended in 1990 (CAA) foi
 shipbuilding and ship repair (surface
 coating) operations The NESHAP
 requires existing and ne\\  major sources
 to control emissions using the
 maximum achievable control
 technology (MACT) to control
 hazardous ait pollutants (HAP)
  The MACT described herein is based
 on maximum HAP limits foi various
 categories of marine coatings  Surface
 coating operations at shipyards aie the
 focus of the NESHAP, and a \ariet\ of
 HAP aie used as solvents in marine
 coatings The HAP emitted by the
 facilities coveted In this final  rule
 include xylene. toluene, ethylbenzene.
 methyl ethyl ketone, methyl isobutyl
 ketone, ethylene glycol, and glycol
 ethers All of these pollutants can cause
 reversible or irreversible toxic effects
 following exposure. The potential toxic
 effects include irritation of the eye,
 nose,  throat, and skin and damage to the
 blood cells, heart, liver, and kidneys
 The final rule is estimated to reduce
 baseline emissions of HAP by 24
 percent or 318.5 megagrams per year
 (Mg/yr) (350 tons per year  (tpy))
  The emissions reductions achieved by
 these standards, combined with the
 emissions reductions achieved by
 similar standards, will achieve the
 primary goal of the CAA. which is to
 "enhance the quality of the Nation's air
 resources so as to promote the public
 health and welfare and productive
capacity of its population" The intent
of this final regulation is to protect the
public health by requiting the maximum
 degree of reduction in emissions of
 volatile organic hazardous air pollutants
 (VOHAP) from nev. and existing
 sources, taking into consideration the
 cost of achieving such emission
 reduction, any nonair quality, health
 and environmental impacts, and energy
 requirements
 DATES: The effective date is Decembei
 15, 1995 Incorporation by reference of
 certain publications listed in the
 regulations is approved by the director
 of the Federal Register as of December
 15, 1995.
 ADDRESSES: Background Information
 Document. The background information
 document (BID) for the promulgated
 standards may be obtained from (he U S
 Department of Commerce, National
 Technical Information Service (NT1S),
 Springfield. Virginia, 22161, telephone
 number (703) 487-4650 Please  refer to
 "National Emission Standards for
 Hazardous Air Pollutants for
 Shipbuilding and Ship Repair Facilities
 (Surface Coating)—Background
 Information Document for Final
 Standards," EPA-453/R-95-016b The
 BID contains (1)  a summary of the
 changes made to the standards since
 proposal and (2) a summary  of all  the
 public comments made on the proposed
 standards and the Administrators
 response to the comments
  Electronic versions of the
 promulgation BID as well as this final
 rule are available foi download from the
 EPA's Technology  Transfer Network
 (TTN). a network of electronic bulletin
 boards developed and operated  by the
 Office of An Quality Planning and
 Standards The TTN piovides
 information arid  technology exchange  in
 various areas of air pollution control
 The service is free, except for the cost
 of a phone call Dial (919) 541-5742 foi
 data transfer of up to a 14,400 bits pet
 second  If more information on TTN is
 needed, contact the systems operatoi at
 (919)541-5384.
  Docket Docket No A-92-11.
 containing supporting information used
 in developing the promulgated
 standards, is available for public
 inspection and copying from Sam to
 5 30 p.m , Monday through Friday, at
 the EPA's Air and Radiation Docket and
 Information Center, Waterside Mall,
 Room M-1500. Ground Floor, 401  M
 Street SW, Washington, DC 20460. A
reasonable fee may be charged for
copying.
FOR FURTHER INFORMATION CONTACT: Dl
Mohamed Serageldin at (919) 541-2379.
Emission Standards Division (MD- 13),
I,' S  Environmental Protection Agency,
Research Tiiangle Park, North Carolina
27711

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          Federal Register / Vol.  60,  No. 241 / Friday,  December  15,  1995  /  Rules and Regulations   64331
SUPPLEMENTARY INFORMATION: Under
Section 307(b)(l) of the CAA, judicial
review of NESHAP is available only by
the filing of a petition for review in the
U.S.  Court of Appeals for the District of
Columbia Circuit within 60 days of
publication of this rule. Under Section
307(b)(2) of the CAA, the requirements
that are the subject of this action may
not be challenged later in civil or
criminal  proceedings brought by the
EPA to enforce these requirements
  The information presented in this
preamble is organized as follows
I. Regulatory Background and Purpose
II The Standards
III Summary of Impacts
IV Significant Changes to the Proposed
   Standards
  A Public Participation
  B Comments on the Proposed Standards
  C Significant Comments/Changes
V Control Techniques Guidelines (CTG)
VI Administrative Requirements
  A Docket
  B Paperwork Reduction Act
  C Executive Order 12866
  D Executive Order 12875
  E Regulatory Flexibility Act
  F Unfunded Mandates'Actofl 995
I  Regulatory Background and Purpose
  Section 112 of the CAA requires the
EPA  to evaluate and control HAP
emissions The control of HAP is to be
achieved through  promulgation of
emission standards under Sections
112 (d) and  (f), and of work practice
standards under Section 112(h) where
appropriate, for categories of sources
that emit HAP. Pursuant to Section
112(c) of the CAA, the EPA published
in the Federal Register the initial list of
source categories that emit HAP on July
16, 1992  (57 FR 31576)  This list
includes major and area sources of HAP
for which the EPA intends to issue
regulations between November 1 992
and November 2000
  The CAA was created, in part, "to
protect and enhance the quality of the
Nation's air resources so as to promote
the public health and welfare and
productive capacity of its population"
42 U.S.C. § 7401 (b). This final regulation
will  protect the public health by
reducing emissions of HAP from surface
coating operations at shipbuilding and
ship repair facilities (shipyards).
  Many shipyards are major sources of
HAP emissions, emitting over 23 Mg/yr
(25 tpy) of organic HAP, including
toluene, xylene, ethylbenzene,
methanol, methyl ethyl ketone, methyl
isobutyl ketone, ethylene glycol and
glvcol ethers. All of these pollutants can
cause reversible or irreversible toxic
effects following exposure The
potential toxic effects include irritation
of the eyes, nose, throat, and skin,
irritation and damage to the blood cells,
heart, liver, and kidneys These adverse
health effects are associated with a wide
range of ambient concentrations and
exposure times and are influenced by
source-specific characteristics such as
emission rates and local meteorological
conditions. Health impacts are also
dependent on multiple factors that
affect human variability, such as
genetics, age, health status (e g , the
presence of pre-existing disease), and
lifestyle.
  The final standards will reduce
VOHAP emissions from shipyard
surface coating operations by 318.5 Mg/
yr (350 tpy) from a baseline level of
1,362 Mg/yr (1,497 tpy)  No significant
economic impacts are associated with
the final standards. No firms or facilities
are at risk of closure as a result of the
final standards, and there will not be a
significant economic impact on a
substantial number of small entities

II  The Standards
  The final rule is applicable to all
existing and new shipbuilding and
repair facilities that are major sources of
HAP or are located at plant sites that are
major sources. Major source facilities
that are subject to this rule must not
apply any marine coating with a
VOHAP content in excess of the
applicable limit and must implement
the work practices required in the rule
Section 112(a) of the CAA defines major
source as a source, or group of sources,
located within a contiguous area and
under common control that emits or has
the potential  to emit, considering
controls, 9 1 Mg/yr (10 tpy) or more of
any individual HAP or 22 7 Mg/yr (25
tpy) or more of any combination of
HAP  Area sources are stationary
sources that do not qualify as "major "
The term "affected source" as used in
this rule means the total of all HAP
emission points at each shipbuilding
and ship repair facility that is subject to
the rule. "Potential to emit" is defined
in the Section 112 General Provisions
(40 CFR 63.2) as "the maximum
capacity of a stationary source to emit
a pollutant under its physical or
operational design "
  To determine the applicability of this
rule to facilities that are within a
contiguous area of other H AP-emitting
emission sources that are not part of the
source category covered by this rule, the
owner or operator must determine
whether the plant site as a whole is a
major source. A formal HAP emissions
inventory must be used to determine if
total HAP emissions from all HAP
emission sources at the plant site meets
the definition of a major source The
actual emissions of HAP from most
shipyards are substantially less than the
major source cutoff limits [i e . 9  1 Mg/
yr (10 tpy) of any single HAP. or  22 8
Mg/yr (25 tpy) of all HAP combined]  If
the source becomes a synthetic minor
source through accepting enforceable
restrictions that ensure potential  and
actual HAP emissions will be below the
major source cutoffs, the NESHAP does
not apply. See promulgation BID
Section  2 4 for additional details and
the associated recordkeeping provisions
(see ADDRESSES section of this
preamble)
  Existing major sources may switch to
area source status by obtaining and
complying with a federally enforceable
limit on their potential to emit prior to
the "compliance date" of the regulation
The "compliance date" for this
regulation is defined as December 16,
1996. New major sources are required to
comply  with the NESHAP requirements
upon start up or  the promulgation date.
whichever is later. Existing major
sources  may switch to area source status
by obtaining and complying with a
federally enforceable limit on their
potential to  emit that makes the facility
an area source prior to the "compliance
date" of the regulation The compliance
date  for  this regulation is Decembei  1 6.
1996  A  facility that has not obtained
federally enforceable limits on its
potential to  emit by the compliance
date, and that has not complied with the
NESHAP requirements, will be in
violation of the NESHAP New major
sources  are required to comply with the
NESHAP requirements upon start-up or
the promulgation date, whichever is
later All sources that are major sources
for HAP on the compliance date are
required to comply permanently  \\ith
the NESHAP to ensure that the
maximum achievable reductions in
toxic emissions are achieved and
maintained  All major souices for HAP
on the "compliance date" are required
to comply permanently with the
NESHAP to ensure that the maximum
achievable reductions in toxic emissions
are achieved and maintained
  The final standards impose limits on
the VOHAP content of 23 types of
coatings used at  shipyards  Compliance
with the VOHAP limits must be
demonstrated on a monthly basis The
promulgated standards include foui
compliance options to allow owners 01
operators flexibility in demonstrating
compliance with the VOHAP limits  The
final standards also allow for an
alternative means of compliance  othei
than using compliant coatings, if
approved  by the  Administrator. The
Administrator shall approve the
alternative means of limiting emissions
if, in the Administrator's judgment,

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 64332    Federal Register  /  Vol. 60, No.  241 / Friday, December 15, 1995 / Rules and Regulations
 (after control) emissions of VOHAP per
 volume solids applied will be no greater
 than those from the use of coatings that
 comply with the applicable VOHAP
 limits
   The final standards also require that
 all handling and transfer of VOHAP
 containing materials to and from
 containers, tanks, vats, vessels, and
 piping systems be conducted in a
 manner that minimizes spills and other
 factors leading to emissions. (This
 requirement includes hand-  or brush-
 application of coatings.) In addition,
 containers of thinning solvent or waste
 that hold any  VOHAP must be normally
 closed (to minimize evaporation) unless
 materials are being added to or removed
 from them.
   Owners or operators of existing
 shipbuilding and ship repair (surface
 coating) operations subject to the
 requirements promulgated under
 Section 112(d) of the CAA are required
 to comply with the standards within 1
 year from December 15. 1995 Owners
 or operators of new shipbuilding and
 ship repair (surface coating)  operations
 with initial startup before or after
 December 15.  1996 are required to
 comply with all requirements of the
 standards upon startup  The  first
 requirement is the initial notification
 due 6 months before start up

 111  Summary  of Impacts
  These standards will reduce
 nationwide emissions of HAP (rom
 shipbuilding and ship repair (surface
 coating) operations by approximately
 318 5 Mg  (350 tons) in 1997 compared
 lo the emissions that would result in the
 absence of the standaids These
 standards will also reduce volatile
 organic compounds (VOC) emissions
 from those same shipbuilding and ship
 lepaii (surface coating) operations by
 approximately 837 Mg (920 tons) in
 1997 compared to the emissions that
 would result in the absence of the
 standards No significant adverse
 secondary air,  water, solid waste, or
 energy impacts are anticipated from the
 promulgation of these standards
  Implementation of this regulation is
 expected to result in nationwide
 annualized costs for existing shipyards
 of about $2 million beyond baseline.
 This estimation is based on an analysis
 of the application of VOHAP limits on
 marine coatings at all existing major
 souice facilities not currently controlled
 to the level of the standards.
  The economic impact analysis
conducted prior to proposal showed
that the economic impacts from the
proposed standard would be
 insignificant An update of the
economic  impact analysis (due to
 revisions to the final rule) indicates that
 the original conclusion still holds true
 Implementation of the rule is not
 expected to cause significant economic
 impacts for the 35 major source facilities
 in this industry

 IV. Significant Changes to the Proposed
 Standards

 A. Public Participation

   The standards were proposed and the
 preamble was published in the Federal
 Register on December 6, 1994 (59 FR
 62681). The preamble to the proposed
 standards discussed the availability of
 the regulatory text and proposal BID,
 which described the regulatory
 alternatives considered and the impacts
 of those alternatives. Public comments
 were solicited at the time of proposal,
 and copies of the regulatory text and
 BID were distributed to interested
 parties. Electronic versions of the
 preamble, regulation, and BID were
 made available to interested parties via
 the TTN (see SUPPLEMENTARY
 INFORMATION section of this preamble)
   To provide interested persons the
 opportunity for oral presentation of
 data, views, or arguments concerning
 the proposed standards, a public
 hearing was held on January 18, 1995 in
 Research Triangle Park, North Carolina
 The public comment period was from
 December 6. 1994 to February 17, 1995
 In all, 22 comment letters were received
 (including one duplicate) The
 comments have been caiefully
 considered, and changes have been
 made to the proposed standards when
 determined by the Administrator to be
 appropriate

 B Comments on the Proposed
 Standards

   Comments on the proposed standards
 were received from 22 commemers, the
 commenters were comprised mainly of
 States, shipyard owners or operators.
 marine coating manufacturers,
 environmental groups, and trade
 associations A detailed discussion of
 these comments and responses can be
 found in the promulgation BID, which
 is referred to in the ADDRESSES section
 of this preamble. The summary of
 comments and responses in the BID
 serve as the basis for the revisions that
 have been made to the standards
 between proposal and promulgation.
 (Some additional changes have been
 made to clarify the standards and
 improve their organization ) Most of the
comment letters contained multiple
comments For summary purposes, the
comments were grouped into several
topic  areas
 C Significant Comments/Changes
   Several changes have been made since
 the proposal of these standards The
 majority of the changes have been made
 to clarify portions of the rule that were
 unclear to  the commenters. A summary
 of the major comments and changes is
 presented  below
 (1) Applicability to Coating
 Manufacturers
   Several commenters asked the EPA to
 regulate the manufacture and sale of
 marine coatings rather than the end
 users (shipyards). While this approach
 has some obvious advantages, the EPA
 does not have authority to regulate (with
 this NESHAP) the  manufacture and sale
 of coatings under Section 112(d). The
 EPA plans to address requirements for
 coating manufacturers under Section
 183(e) of the CAA  by March  1997
 through either a national rule or a
 control techniques guidelines (CTG)

 (2) Number of Major Sources/MACT
 Floor
  Some commenters thought the EPA
 underestimated the number of major
 source shipyards, and thereby erred in
 the MACT  floor determination.
 Although the EPA  based the  proposed
 number of  major sources on the best
 available information at the time, there
 has been recent additional information
 provided by the Louisiana Department
 of Environmental Quality (Louisiana
 having more shipyards than any other
 State) showing there are four other
 shipyards v\ ith HAP emissions greater
 than the major source cutoffs At the
 same time, however, the same
 additional  information indicated that
 one of me shipyards identified in the
 original list of 25 has HAP emissions
 well below the major source  cutoffs
 (based on recent operating permit data)
  This information along with other
 State permit data on annual paint usage
 and VOC/VOHAP emissions indicates
 that there are 35  major  sources, inslead
 of the estimated 25 discussed in the
 proposal preamble. Even though 10
 additional  major sources have been
 identified,  the MACT floor would not
 change  At  proposal, the EPA based the
 MACT floor on the control achieved by
 the best-performing 5 sources, as
 required by Section 112 (d)(3) of the
 CAA when there are less than 30
 sources in the category. If there are 35
 sources in the category, the MACT floor
 would be based on the  best-performing
 4.2 sources (12 percent  of the 35) as
 required by Seclion 112 (d)(3) Undei
 both  situations, the MACT floor is the
same
  Another point to be considered is that
even if there are 45 major source

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          Federal  Register / Vol. 60, No. 241  /  Friday, December 15, 1995  / Rules  and Regulations   64333
shipyards, the best 12 percent is still
represented by the best 0.12 x 45 = 5.4
or best 5 yards Both the MACT floor
and the associated marine coating
VOHAP limits would be identical. Since
the NESHAP proposal date, the Navy
has adopted VOC limits identical to (or
more stringent than) the 1992 California
limits for all Naval shipyards and Navy-
related work. Since at least two of the
Naval shipyards qualify as major
sources, if the MACT floor were to be
recalculated today, the limits would be
identical to the proposed (and
promulgated) limits, regardless of the
approach used to determine the mean or
median level of control. The Louisiana
limits, which are less stringent for the
major use categories of coatings, would
not enter into any of the floor
calculations.
  Recent indications from the Navy and
other industry representatives reveal
that fewer affected sources exist today
because of base closings and
consolidation efforts  The original
estimation of 25  major source shipyards
was based on annual  paint and solvent
usage, type of work conducted (new
construction versus repair), number of
employees, and type  (size) of vessels
serviced  The (weighted) average HAP
concentration of all marine coatings is
an integral part of emissions estimates
and determining if a shipyard qualifies
as a major source facility. Other HAP-
emitting processes at most shipyards
such as welding, metal forming/cutting.
and abrasive blasting exist, but the vast
majority of HAP emissions come from
organic solvents used in marine paints
and solvents used for thinning and
cleaning
(3) Elimination of Compliance Option 1
  Proposed compliance option 1
required that each and  every container
of coating be tested or certified prior to
application Based on comments
pertaining to its  impracticality and the
unrealistic costs associated with testing/
certifying every container of coating,
compliance option 1 was eliminated
from the final rule. The flow diagram
(included as Figure 1 in the regulation)
summarizing the various compliance
options was similarly revised and
simplified.

(4) Training Requirements
  In the proposed rule, the EPA
required training and certification for all
personnel involved with paints and/or
solvents  There were  several comments
regarding the inappropriate amount and
level of detail involved with the training
and annual personnel certifications
Some commenters indicated that there
was  a high turnover rate involving
personnel, and the proposed training
requirements would impose a
significant impact for very little
reduction in HAP emissions. The EPA
has determined that it is appropriate to
leave the details of training to the
individual shipyards who can best
define the real needs of their specific
locations and applications. Affected
sources are responsible for complying
with the standards, and it is in their
own best interest to ensure that workers
are aware of the associated
requirements. Therefore, all training
requirements related to painting/
thinning, handling/transfer of VOHAP
containing materials, and certification of
all personnel involved with surface
coating operations have been eliminated
from the final rule.

(5) Definition of Pleasure Craft
  A definition of pleasure craft has been
added to ensure that the standards
apply only to those coatings (and
solvents) used on commercial and
military vessels. Some commenters were
concerned that, as proposed, the rule
could be  interpreted to regulate coatings
used on pleasure crafts. Other
commenters suggested that pleasure
crafts should be included. The EPA did
not intend to include coatings used on
pleasure crafts in these standards. Such
coatings (applications) will be
considered under the development of
the Boat Manufacturing NESHAP.
(6) Definition of Affected Source
  The definition of affected source was
modified to ensure that the
requirements of the standards apply
only to those sources (major source
shipyards) with a minimum annual
marine coating usage of 1,000 L (264 2
gal). The primary focus of this NESHAP
is surface coating operations and  this
clarification will minimize/eliminate
the impact on shipyards with minimal
surface coating emissions.

(7) Reporting and Notification Changes
  Changes have also been made to the
notification and reporting schedules.
The initial notification deadline has
been extended from 120 to 180 days.
The frequency of reporting has also been
reduced from the proposed quarterly
requirement to semiannual. This change
was made to allow shipyards to be
consistent with current/upcoming Title
V permit requirements. The first
compliance certification report is due 6
months after the compliance date.

(8) Exemptions
  Several commenters recommended
that the EPA adopt some of the
exemptions provided in various State
regulations Since the MACT floor was
based on three shipyards located in
California and those yards have
exemptions similar to those requested,
the EPA determined there would be no
significant impact and adopted the
following exemptions:
  a. Any individual coating with annual
usage less than 200 liters (52.8 gallons)
is exempt from the requirements of the
standards (i.e., the applicable VOHAP
limit) The total amount of all coatings
exempted in any given year cannot
exceed 1,000 liters (264.2 gallons); and
  b. Any coating applied via
nonrefillable hand held aerosol cans is
exempt from the requirements of the
standards

(9) Revision of Equations
  The equations used with compliance
options 2 and 3 (proposed options 3 arid
4) have been changed so that
calculations are based on volume solids
The revised equations require the
VOHAP limits based on volume solids
be used in place of the VOHAP limits
based on volume of coating less water
and non-HAP exempt solvents This
change was made to provide a uniform
basis for  calculating emission
reductions (i.e , associated with
thinning additions or add on control
devices).

(10) Weather-related  VOHAP limits
  The proposal preamble requested
comments on how to handle thinning
issues for vatious climatic conditions
The EPA reviewed the comments and
collected additional information on both
cold and hot/humid weather thinning
practices As a result of this
information, cold-weather VOHAP
limits are included as part of the final
rule If the temperature is below 4 5°C
(40°F) at  the time the coating is applied
and the source needs to thin that coating
beyond the applicable VOHAP limit, the
date, time, and temperature (including
units) must be documented, and the
applicable cold weather VOHAP limn
may be used. The cold-weather VOHAP
limits on a solids basis were increased
equivalently, but the actual values vary
for each coating category The cold
weather VOHAP limits are applicable
only to as-supplied coatings that are
greater than 40 percent  solids by
volume.
  With regards to hot/humid weather
conditions, the data and responses to
Section 114 information requests sent
by EPA to nine shipyards and other
information received did not provide H
basis for  including a  humid weather
thinning allowance. Respondents
identified meteorological conditions
under which coatings must be thinned

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64334   Federal Register / Vol. 60, No  241  /  Friday.  December  15,  1995  /  Rules and Regulations
or not applied at all Only one shipyard,
which uses large quantities of water
based preronstruction primer,
maintained that a humid weather
thinning allowance should be adopted.
However, the shipyard did not explain
how hydrocarbon based thinners would
relate to its water based  operation
  Hot and humid weather conditions
appear to inhibit coating operations
work less frequently than does cold
weather  The different responses can
best be understood as they relate to the
specifications for thinning under
different climatic conditions, which are
dependent on paint type and
manufacturer. Some coating
formulations lose at high temperature
more organic solvent than others which
could lead to thickening (increase in
viscosity) of the paint. This occurs
where the rate of application is low and
paint containers remain  uncovered
Nevertheless, beginning in September
1994, shipyards performing work for the
Navy in humid climates such as
Louisiana, Florida, and Virginia are
required  by the Navy to  use paints with
VOHAP contents levels that are  in
compliance with the limits in the
NESHAP, without provision  for
additional thinning There is no reason
that VOHAP limits that are achievable
for  paints used by the Navy cannot also
be achieved for paints used by
commercial shipyards located in humid
climates and that, therefore, a thinning
allowance for hot/humid weather
conditions is not necessary If
conditions necessitate application of
small amount of noncompliant coatings.
the regulation provides a low usage
exemption of 1,000 liters of coating per
year

D Minoi  Changes

  This section contains a list of several
of the minoi changes to the final rule
A discussion of these changes can be
found in the promulgation BID (See
ADDRESSES section of this preamble.)
  (1) Revisions to definitions and
phrasing  have been made to clarify the
regulation
  (2) Based on comments received and
on changes to the  notification and
recordkeeping and reporting
requirements, those sections  of the
standard  have been reorganized and
overlapping requirements clarified or
eliminated
  (3) Table 2. which contains the
VOHAP limits for the various coating
categories, has been simplified to
contain only one set of units  (metric).
The conversion factor for English units
is included as a footnote to the table
V. Control Techniques Guidelines
(CTG)
  Section 183(b)(4) of the CAA requires
the Administrator to issue a CTG
document for limiting VOC and
particulate matter emissions from
coatings (paints) and solvents used in
the shipbuilding and ship repair
industry Since VOHAP emissions from
this industry are generally a subset of
VOC emissions, the control techniques
evaluated for the MACT standard are
also applicable to VOC emissions
Therefore, the EPA has developed the
CTG concurrently with the NESHAP
and will be issuing final guidance under
a separate notice. As explained in the
proposal notice (AD-FR-    ),noCTG
is being issued for particulate matter
emissions.

VI  Administrative Requirements
A Docket
  The Docket is an organized and
complete file of all the information
considered by  the EPA in the
development of this rulemakirig The
Docket is a dynamic Tile, since material
is added throughout the rulemaking
development The docketing system is
intended to allow members of the public
and industr les involved to readily
identify and locate documents so that
they can effectively participate in the
rulemaking process Along with the
statement of basis and purpose of the
proposed and promulgated standards
and the LPA responses to significant
comments, the contents of the Docket
will ser\e as the record in case of
judicial review |see 42 II S C
7607(d)(7)(A)]
B Paperwork Reduction Act
  The Office of Management and Budget
(OMB) is currently reviewing the
information collection request OCR)
requirements contained in this rule
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 e( seq
and has assigned OMB control number
2060-0330 and EPA 1CR number 1712.2
  The information required to be
collected by this rule is needed as part
of the overall compliance and
enforcement program.  It is necessary to
identify the regulated entities who are
subject to the rule and to ensure their
compliance with the rule  The
recordkeeping  and reporting
requirements are mandatory and are
being established under authority of
Section 114 of the Act  All information
submitted to the EPA for which a claim
of confidentiality is made will be
safeguarded according to the EPA
policies set forth in Title 40, Chapter 1.
Part 2, Subpart B—Confidentiality of
Information (see 40 CFR part 2; 41 FR
36902, September 1, 1976, amended by
43 FR 39999, September 8. 1978, 43 FR
42251, September 28, 1978, 44 FR
17674, March 23, 1979)
  The total annual reporting and
recordkeeping burden for this collection
averaged over the first 3 years is
estimated to be $26,218 per year. The
average burden, per respondent, is 772'
hours per year.  This estimate includes
the time needed to review instructions,
develop, acquire, install, and utilize
technology and systems for the purposes)
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and.
requirements; train personnel to be able
to respond to a  collection of
information, search data sources..
complete and review the collection of
information, and transmit or otherwise
disclose the information  The total time,
effort, or financial resources expended'
by persons to generate, maintain, retain,
or disclose or provide information to 01
for  a Federal agency This includes the
time needed to  review instructions,
develop, acquire, install, and utiFize
technology and systems for the purposes
of collecting, validating, and veiifying
information, processing and
maintaining information  and disclosing
and providing information, adjust the
existing ways to compK with any
previously applicable instructions aci«l
requirements, tiain personnel  to be aMIo
to respond to a  collection of
information, search data sources,
complete and review the collection erf'
information, and transmit or otherwise
disclose the information  The rule
requires an initial one-time notification,
from each respondent and subsequent
notification every 6 months to indicate
theii compliance status. At the time of
the  initial notification each respondent
would also be required to submit am
implementation plan that describes
compliance procedures A respondenr
would also be required to keep
necessary records of data to determine
compliance with the standards in the
regulation. The  data would be recorded
monthly A report would need to be
submitted semi-annually by earh
respondent There would be an
estimated 35 respondents to the
proposed collection requirements
  Send  comments on the EPA's need for
this information, the accuracy of the
provided burden estimates, and any
suggested methods for minimizing
respondent burden, including throu&h
the  use of automated collection
techniques to the Director, OPPE

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          Federal  Register / Vol. 60, No. 241  / Friday, December 15, 1995 / Rules  and  Regulations   64335
Regulatory Information Division; U. S.
Environmental Protection Agency
(2136). 401 M Street SW., Washington,
DC 20460; and to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW , Washington, DC 20503,
marked "Attention: Desk Officer for
EPA." Include the OMB number and the
EPA 1CR number in any
correspondence.
C Executive Order 12866:
Administrative Designation and
Regulatory Analysis
  Under Executive Order 12866 [58 FR
51735 (October 4, 1993)], the EPA is
required to judge whether a regulation
is "significant" and therefore subject to
OMB review and the requirements of
this Executive Order to prepare a
regulatory impact analysis (RIA). The
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 obligation 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.
  Pursuant to the terms of Executive
Older 12866, it  has been determined
that  this rule is not a "significant
regulatory action" and is therefore not
subject  to  OMB leview.

D Executive Order 12875
  To reduce the burden of federal
regulations on States and small
governments, the President issued
Executive Order 12875 on October 26,
1993, entitled Enhancing the
Intergovernmental Partnership. In
particular, this executive order is
designed to require agencies to assess
the effects of regulations that are not
required by statute and that create
mandates  upon State, local, or tribal
governments. Two methods exist for
complying with the requirements of the
executive  order. (1) Assure that  funds
necessary to pay direct costs of
compliance with a regulation are
provided, or (2) provide OMB a
description of the communications and
consultations with State/local/tribal
governments, the nature of their
concerns, any written submission from
them, and the EPA's position supporting
the need to issue the regulation
  The EPA has always been concerned
about the effect of the cost of regulations
on small entities; the EPA has consulted
with and sought input from public
entities to explain costs and burdens
they may incur.
  The EPA advised interested parties on
July 16, 1992 (57 FR 21592), of the
categories considered as major and area
sources of HAP, and shipbuilding and
ship repair (surface coating) industry
was listed as a category of both major
and area sources. The EPA made
significant effort to hear from all levels
of interest and all segments of the
shipbuilding and ship repair industry.
To facilitate comments and input, the
EPA conducted comprehensive mailouts
of draft and proposal package materials
in 1993 and 1994 to shipyards.
Department of the Navy (Naval Sea
Systems Command), marine coating
manufacturers, and State and local
government officials All were given
opportunity to comment on the
presented regulatory development
activities of the standard Throughout
the regulatory development process and
more specifically in consultation
meetings, industry representatives fiom
commercial/private shipyards, the U S
Navy, and various trade associations
were given an opportunity to comment
on the proposed regulatory appioach
and the MACT alternatives being
developed The major topic areas
resulting from these discussions
included the need for cold weather
thinning limits, flexibility in
compliance approaches, and the need
for additional data regarding certain
coating categories (i e.,  inorganic zincs)
Some of these meetings were held at
EPA, while others were conducted at
shipyard locations  In addition,
individual consultations were
conducted with three local (air quality
management) districts in California
regarding the use of the mass of
VOHAP/volume of solids for
determining compliance when the
coating is thinned.
  The EPA addressed many of the
suggestions and comments received
from State and local agencies during the
public comment period, many of which
will reduce the impact to small
businesses. Some of these suggestions
resulted in changes to the rule.
including modification of the definition
of pleasure craft to clarify that the
standards apply only to coatings (and
solvents) used on commercial and
military vessels and not to boats in non
military shipyards less than 20 meters
in length, modification of the definition
of affected source to ensure that the
requirements of the standards apply
only to those sources (major source
shipyards) with a minimum annual
marine coating usage of 1,000 Liters
(264 2 gallons); exemption of any
individual coating with annual usage
less than 200 liters (52  8 gallons) (i e ,
the applicable VOHAP  limit),
exemption of any coating applied via
nonrefillable hand-held aerosol cans,
making the equations used to determine
thinning allowance the same for all
options to provide a uniform basis for
calculating emission reductions (i e ,
associated with thinning additions or
add-on control devices); extension of
the initial notification deadline from
120 to 180 days and reduction of the
frequency of reporting from the
proposed quarterly requirement to
semiannual, which allows shipyards to
be consistent with current/upcoming
Title V permit requirements,
reorganization and clarification of the
notification and recordkeeping and
reporting requirement,  including
revision of the definitions and phrasing
to ensure that the terminology is
understandable, and the addition of 10
major sources based on data provided
by Louisiana and Texas State agencies
  Some of the other major concerns that
were noted in the State and/or local
agency comments and that were
considered by the EPA  in developing
the proposed and final  rule involved
realistic work practice standards.
multiple compliance options to provide
flexibility for shipyard  owners/operators
and State regulators, and streamlining
(or eliminating) any overlapping
recordkeeping and reporting
requirements. Documentation of all
meetings and public comments can be
found in Docket  A-92-11
  The EPA has considered the purpose
and intent of Executive Order 12875 and
has determined that shipbuilding and
ship repair facility NESHAP are needed
The rule is generally required by statute
under Section 112 of the CAA because
shipbuilding and ship repair facilities
emit significant quantities of air
pollutants Through meetings and
consultations during project
development and proposal, efforts were
made to inform entities of the costs
required to comply with the regulation.
in addition,  modifications were made to
reduce the burden to small entities

E Regulatory Flexibility Act
  The Regulatory Flexibility \ci (5
U S.C 601 et seq ) requires the liP-\ to
consider potential impacts of ptoposed
regulations on small business "entities "
If a preliminary analysis indicates that
a proposed regulation would have a

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 64336    Federal Register  / Vol.  60,  No. 241 / Friday, December 15, 1995 / Rules and Regulations
 significant economic impact on 20
 percent or more of small entities, then
 a regulatory flexibility analysis must be
 prepared The EPA's analysis of these
 impacts was provided in the preamble
 to the proposed rule (59 FR 62681) and
 no negative impacts for small businesses
 will result from the changes
 incorporated into the final rule
   Pursuant to the provisions of 5 U.S.C.
 605(b), I hereby certify that this rule will
 not have a significant economic impact
 on a substantial number of small
 business entities.
 F. Unfunded Mandates Act of 1995
  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,
 the EPA generally must prepare a
 written statement including a cost
 benefit analysis, for proposed and final
 lules with "Federal mandates" that may
 result in expenditures to State, local,
 and tribal governments, in the aggregate,
 01 to the private sector, of $100 million
 or more in any  1 year Before
 promulgating an EPA rule for which a
 written statement is needed, Section 205
 of the UMRA generally requires EPA 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 la\\  Moreover, Section 205
 allows EPA to adopt an alternative other
 than the  least costly, most cost effective
 or least burdensome alternative if the
 Administrator publishes with the final
 rule an explanation why that alternative
 was not adopted Before EPA establishes
 any regulatory requirements that may
 significantly or uniquely affect small
 governments, including tribal
 governments, it must have developed
 under Section 203 of the UMRA a small
 government agency plan The plan must
 provide for notifying potentially
 affected small governments, enabling
 officials of affected small governments
 to have meaningful and timely input in
 the development of EPA regulatory
 proposals with significant Federal
 intergovernmental mandates and
 informing, educating, and advising
small governments on compliance with
the regulatory requirements
  The EPA has determined that the
action promulgated today does not
 include a Federal mandate that may
result in estimated costs of $100 million
or more to either State, local, or tribal
 governments in the aggregate, or to the
 private sector Therefore, the
 requirements of the Unfunded Mandates
 Act do not apply to this action

 List of Subjects in 40 CFR Part 63
   Environmental protection, Air
 pollution control, Incorporation by
 reference, Marine coating limits,
 Reporting and recordkeeping
 requirements, Shipbuilding and ship
 repair standards.
   Dated November 1 4, 1995
 Carol M Brownei,
 Administrator
   For the reasons set out in the
 preamble, title 40, chapter 1, part 63 of
 the Code of Federal Regulations is
 amended as follows-

 PART 63—NATIONAL EMISSION
 STANDARDS FOR HAZARDOUS AIR
 POLLUTANTS FOR SHIPBUILDING
 AND SHIP REPAIR (SURFACE
 COATING)

   1  The authority citation for part 63
 continues to read as follows.
   Authority  Sections 101, 11 2  114,116, and
 301 of the Clean Air Act (42 U S C 7401  et
 seq , as amended by Pub L 101-549,104
 Stat  2399)
   2  Section 63 14 is amended  by
 adding paragraph (b)(4) through (b)(14)
 to read as follows

 §63.14  Incorporation by reference.
 *****
   (b) *  *  *
   (4) ASTM D523-89, Standard 1 est
 Method for Specular Gloss, IBR
 approved foi §63 782
   (5) ASTM Dl475-90, Standard Test
 Method for Density of Paint. Varnish.
 Lacquer, and Related Products, IBR
 approved for § 63.788 appendix A
   (6) ASTM D2369-93, Standard Test
 Method (or Volatile Content of Coatings,
 IBR approved for  § 63 788 appendix  A
   (7) ASTM D3912-80, Standard Test
 Method for Chemical Resistance of
 Coatings Used in Light Water Nuclear
 Power Plants, IBR approved for
 §63782
   (8) ASTM D4017-90, Standard Test
 Method for Water and Paints and Paint
 Materials by Karl  Fischer Method. IBR
 approved for §63.788 appendix A
   (9)  ASTM D4082-89, Standard  Test
 Method for Effects of Gamma Radiation
 on Coatings for Use in Light-Water
 Nuclear Power Plants, IBR approved for
 §63782.
   (10) ASTM D4256-89 [reapproved
 1994], Standard Test Method for
Determination of the Decontaminabihty
of Coatings Used in Light Water Nuclear
Power Plants, IBR approved for
§63.782
   (11) ASTM D3792-91, Standard Test
 Method for Water Content of Water
 Reducible Paints by Direct Injection into
 a Gas Chromatograph, IBR approved for
 §63.788 appendix A.
   (12) ASTM D3257-93, Standard Test
 Methods for  Aromatics in Mineral
 Spirits by Gas Chromatography, IBR
 approved for § 63 786(b)
   (13) ASTM E260-91, Standard
 Practice for Packed Column Gas
 Chromatography, IBR approved for
 §63.786(b).
   (14) ASTM E180-93, Standard
 Practice for Determining the Precision of
 ASTM Methods for Analysis and
 Testing of Industrial Chemicals, IBR
 approved for § 63 786(b).
   3  Part 63 is amended by adding
 subpart II to read as follows:

 Subpart II—National Emission
 Standards for Shipbuilding and Ship
 Repair (Surface Coating)

 Sees
 63 780  Relationship of subpart II to subpart
    A of this part
 63781   Applicability
 63 782  Definitions "
 63 783  Standards
 63 784   Compliance dates
 63 785   Compliance procedures
 63 78G  Test methods and procedures
 63 787   Notification requirements
 63 788   Recordkeeping and reporting
    requirements
 Table 1 to Subpart 11 of Part 63—General
    Provisions of Applicability to Subpan II
 Table 2 to Subpan II of Part 63—Volatile
    Organic HAP fVOHAP) Limits for Marine
    Coatings
 Table 3 to Subpart II of Part 63—Summary
    of Recordkeeping and Reporting
    Requirements
 Appendix A to Subpart II of Part 63—VOC
    Data Sheet
 Appendix B to Subpart II of Part 63—
    Maximum Allowable Thinning Rates As
    a Function of As Supplied VOC Content
    and Thinner Density

 Subpart II—National Emission
 Standards for Shipbuilding and Ship
 Repair (Surface Coating)

 § 63.780 Relationship of subpart II to
 subpart A of this part.
  Table 1 of this subpart specifies the
 provisions of subpart A of this part that
 apply to owners and operators of
 sources subject to the provisions of this
 subpart

§63.781 Applicability.
  (a) The provisions of this subpart
 apply to shipbuilding and ship repair
operations at  any facility that is a majoi
source
  (b) The provisions of this subpart do
not apply to coatings used in volumes
of less than 200 liters (528 gallons) per

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          Federal  Register / Vol. 60, No. 241  /  Friday, December 15, 1995 / Rules  and  Regulations   64337
year, provided the total volume of
coating exempt under this paragraph
does not exceed ] ,000 liters per year
(264 gallons per year) at any facility.
Coatings exempt under this paragraph
shall be clearly labeled  as "low-usage
exempt." and the volume of each such
coating applied shall be maintained in
the facility's records.
  (c) The provisions of this subpart do
not apply to coatings applied with
hand-held, nonrefillable, aerosol
containers or to unsaturated polyester
resin (i.e., fiberglass lay-up) coatings.
Coatings applied to suitably prepared
fiberglass surfaces for protective or
decorative purposes are subject to this
subpart.
  (d) The provisions in subpart A of this
part pertaining to startups, shutdowns,
and malfunctions and continuous
monitoring do not apply to  this source
category unless an  add-on control
system is used to comply with this
subpart in accordance with § 63.783(c)

§63.782  Definitions.
  Terms used in  this subpart are
defined in the Clean Air Act (CAA), in
subpart A of part 63, or in this section
as follows
  Add-on control system means an air
pollution control device such as a
carbon absorber or  incinerator that
reduces pollution in an air stream by
destruction or removal  prior to
discharge to the atmosphere.
  Affected source means any
shipbuilding or ship repair  facility
having surface coating operations with a
minimum 1,000 liters (L)  (264 gallons
[gal]) annual marine coating usage that
is subject to this subpart
  Air flask specialty coating means any
special composition coating applied to
interior surfaces of high pressure
breathing air flasks to provide corrosion
resistance and that is certified safe for
use with breathing air supplies
  Antenna specialty coating means any
coating applied to equipment through
which electromagnetic  signals must
pass for reception or transmission.
  Antifoulant specialty coating means
any coating that is  applied to the
underwater portion of a vessel to
prevent or reduce the attachment of
biological organisms and that is
registered with the EPA as a pesticide
under the Federal Insecticide,
Fungicide, and Rodenticide Act
  As applied means the condition of a
coating at the time of application to the
substrate, including any thinning
solvent.
  As supplied means the condition of a
coating before any  thinning, as sold and
delivered by the coating manufacturer to
the user
  Batch means the product of an
individual production run of a coating
manufacturer's process A batch may
vary in composition from other batches
of the same product.
  Bitumens mean black or brown
materials that are soluble in carbon
disulfide and consist mainly of
hydrocarbons.
  Bituminous resin coating means any
coating that incorporates bitumens as a
principal component and is formulated
primarily to be applied to a substrate or
surface to resist ultraviolet radiation
and/or water.
  Certify means, in reference to the
volatile organic compounds (VOC)
content or volatile organic hazardous air
pollutants (VOHAP) content of a
coating, to attest to the VOC content as
determined through analysis by  Method
24 of appendix A to 40 CFR part 60 or
through use of forms and procedures
outlined in appendix A of this subpart.
or to attest to the VOHAP content as
determined through an Administrator
approved test method In the case of
conflicting results, Method 24 of
Appendix A to 40 CFR part 60 shall take
precedence over the forms and
procedures outlined in appendix A to
this subpart for the options in which
VOC is used as a surrogate for VOHAP
  Coating means any material that can
be applied as a thin layer to a substrate
and which cures to form a continuous
solid film
  Cold weather time period means any
time during which the ambient
temperature is below 4.5°C (40°F) and
coating is to be applied.
  Container of coating means the
container from which the coating is
applied, including but not limited to a
bucket or pot
  Cure volatiles means reaction
products which are emitted during the
chemical reaction which takes place in
some coating films at the cure
temperature. These emissions are other
than those from the solvents in the
coating and may, in some cases,
comprise a significant portion of total
VOC and/or VOHAP emissions.
  Epoxy means any thermoset coating
formed by reaction of an epoxy resin
(i.e., a resin containing a reactive
epoxide with a curing agent).
  Exempt compounds means specified
organic compounds that are not
considered VOC due to negligible
photochemical reactivity. Exempt
compounds are specified in 40 CFR
51.100(s)
  Facility means all contiguous  or
adjoining property that is under
common ownership or control,
including properties that are separated
only by a road or other public right-of
way.
  General use coating means any
coating that is not a specialty coating.
  Hazardous air pollutants (HAP)
means any air pollutant listed in or
pursuant to section 112(b) of the CAA
  Heat resistant specialty coating means
any coating that during normal use must
withstand a temperature of at least
204°C (400°F).
  High-gloss specialty coating means
any coating that achieves at least 85
percent reflectance on a 60 degree meter
when tested by ASTM Method D523
(incorporation by reference—see
§63.14).
  High-temperature specialty coating
means any coating that during normal
use must withstand a temperature of at
least 426°C (800°F)
  Inorganic zinc (high-build) specialty
coating means a coating that contains
960 grams per litei (8 pounds per
gallon) or more elemental zinc
incorporated  into an inorganic silicate
binder that is applied to steel to piovide
galvanic corrosion resistance  (These
coatings are typically applied at more
than 2 mil dry film thickness )
  Major source means any source that
emits or has the potential to emit, in the
aggregate, 9 1 megagrarns pei year (10
tons per year) or more of  any HAP or
22 7 megagrarns per year  (25 tons per
year) or more of any combination of
HAP
  Maximum allowable thinning ratio
means the maximum volume of thinner
that  can be added pel volume of coating
without violating the standards of
§63 783(a), as determined using
Equation 1 of this subpart
  Military exterior specialty coating or
Chemical Agent Resistant Coatings
("CARC") means any exterior topcoat
applied to military or L' S Coast Guard
vessels that are subject to specific
chemical, biological, and radiological
washdown requirements
  Mist specialty coating means any low
viscosity, thin film, epoxy coating
applied to an inorganic zinc primer that
penetrates the porous zinc primer and
allows the occluded air to escape
through the paint film prior to curing
  Navigational aids specialty coating
means any coating applied to Coast
Guard buoys  or other Coast Guard
waterway markers when  they are
recoated  aboard ship at their usage site
and  immediately returned to the water
  Nonskid specialty coating means any
coating applied to the horizontal
surfaces of a marine vessel for the
specific purpose of providing slip
resistance for personnel,  vehicles, 01
aircraft

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 64338   Federal  Register / Vol. 60, No. 241  /  Friday, December 15, 1995 / Rules  and Regulations
   Nonvolatiles (or volume solids) means
 substances that do not evaporate
 readily This term refers to the film
 forming material of a coating.
   Normally closed means a container or
 piping system is closed unless an
 operator is actively engaged in adding or
 removing material.
   Nuclear specialty coating means any
 protective coating used to seal porous
 surfaces such as steel (or concrete) that
 otherwise would be subject to intrusion
 by radioactive materials. These coatings
 must be resistant to  long-term (service
 life) cumulative radiation exposure
 (ASTM D4082-89 [incorporation by
 reference—see §63.14]), relatively easy
 to decontaminate (ASTM D4256-89
 [reapproved 1994] [incorporation by
 reference—see §63.14]), and resistant to
 various chemicals to which the coatings
 are likely to be exposed (ASTM D3912-
 80 [incorporation by reference—see
 § 63 14]).  [For nuclear coatings, see the
 general protective requirements
 outlined by the U.S  Nuclear Regulatory
 Commission in a report entitled "U S.
 Atomic Energy Commission Regulatory
 Guide 1 54" dated June 1973, available
 through the Government Printing Office
 at (202) 512-2249 as document number
 A74062-00001 ]
   Operating parameter value means a
 minimum or maximum value
 established for a control device or
 process parameter that, if achieved by
 itself or in combination with one or
 more other operating parameter  values,
 determines that an owner or  operator
 has complied with an applicable
 emission limitation or standard
  Organic zinc specialty coating means
 any coating derived from zinc dust
 incorporated into an organic binder that
 contains more than 960 grams of
 elemental zinc per liter (8 pounds per
 gallon) of coating, as applied, and that
 is used for the expressed purpose of
 corrosion protection
  Pleasure craft means any marine or
 fresh water vessel used by individuals
 for noncommercial, nonmilitary, and
 recreational purposes that is less than
 20 meters in length A vessel rented
 exclusively to  or chartered by
 individuals for such  purposes shall be
 considered a pleasure craft.
  Pretreatment wash primer specialty
 coating means any coating that contains
 a minimum of 0.5 percent acid, by mass,
 and is applied only to bare metal to etch
 the surface and enhance adhesion of
 subsequent coatings.
  Repair and maintenance of
 thermoplastic coating of commercial
 vessels (specialty coating) means any
vinyl, chlorinated rubber, or bituminous
resin coating that is applied over the
same type of exisling coating to perform
 the partial recoating of any in-use
 commercial vessel. (This definition does
 not include coal tar epoxy coatings.
 which are considered "general use"
 coatings.)
   Rubber camouflage specialty coating
 means any specially formulated epoxy
 coating used as a camouflage topcoat for
 exterior submarine hulls and sonar
 domes. Sealant for thermal spray
 aluminum means any epoxy coating
 applied to thermal spray aluminum
 surfaces at a maximum thickness of 1
 dry mil.
   Ship means any marine or fresh-water
 vessel used for military or commercial
 operations, including self-propelled
 vessels, those propelled by other craft
 (barges), and navigational aids (buoys).
 This  definition includes, but is not
 limited to, all military and Coast Guard
 vessels, commercial cargo and passenger
 (cruise) ships, ferries, barges, tankers,
 container ships, patrol and pilot boats.
 and dredges For purposes of this
 subpart, pleasure crafts and offshore oil
 and gas drilling platforms are not
 considered ships
   Shipbuilding and ship repair
 operations means any building, repair,
 repainting, converting, or alteration of
 ships.
   Special marking specialty coating
 means any coating that is used for safety
 or identification applications, such as
 markings on flight decks and ships'
 numbers
   Specialty coaling means any coating
 that is manufactured and used for one
 of the specialized applications
 described within this list of definitions
   Specialty interior coating means any
 coating used on interior surfaces aboard
 U S military vessels pursuant to a
 coating specification that requires the
 coating to meet specified fire retardant
 and low toxicity requirements, in
 addition to the other applicable military
 physical and performance requirements
   Tack specialty coating means any thin
 film epoxy coating applied at  a
 maximum thickness of 2 dry mils to
 prepare an epoxy coating that has dried
 beyond the time limit specified by the
 manufacturer for the application of the
 next coat
  Tliinner means a liquid that is used to
 reduce the viscosity of a coating and
 that evaporates  before or during the cure
 of a film
  Thinning ratio means the volumetric
 ratio of thinner to coating, as supplied.
  Thinning solvent see Thinner
  Undersea weapons systems specialty
 coating means any coating applied to
any component  of a weapons system
intended to be launched or fired from
under the  sea
   Volatile organic compounds (VOC) is
 as defined in §51 100(s) of this chaptei
   Volatile organic hazardous air
 pollutants (VOHAP) means any
 compound listed in or pursuant  to
 section 112(b) of the CAA that contains
 carbon, excluding metallic carbides and
 carbonates. This definition includes
 VOC listed as HAP and exempt
 compounds listed as HAP
   Weld-through preconstruction primer
 (specialty coating) means a coating that
 provides corrosion  protection for steel
 during inventory, is typically applied at
 less than 1 mil dry  film thickness, does
 not require removal prior to welding, is
 temperature resistant (burn back from a
 weld is less than 1.25 centimeters [0 5
 inch]), and does not normally require
 removal before applying film-building
 coatings, including inorganic zinc high
 build coatings  When constructing new
 vessels, there may be a need to remove
 areas of weld-through preconstruction
 primer due to surface damage or
 contamination  prior to application of
 film-building coatings

 §63.783  Standards.
   (a) No owner or operator of any
 existing or new affected source shall
 cause or allow the application of any
 coating to a ship with an as-applied
 VOHAP content exceeding the
 applicable limit given in Table 2 of this
 subpart, as determined by the
 procedures described in §63 785 (c)(l)
 through (c)(4) For the compliance
 procedures described in §63 785 (c)(l)
 through (c)(3), VOC shall be used as a
 surrogate for  VOHAP, and Method 24 of
 Appendix A  to  40 CFR part 60 shall be
 used as the definitive measure for
 determining compliance For the
 compliance procedure described in
 §63  785(c)(4), an alternative test  method
 capable of measuring independent
 VOHAP shall be used to determine
 compliance. The method must be
 submitted to and approved by the
 Administrator
  (b) Each owner or operator of a new
 or existing  affected source shall ensure
 that-
  (1) All  handling and transfer of
 VOHAP-containing materials to and
 from containers, tanks, vats, drums,  and
 piping systems  is conducted in a
 manner that minimizes spills
  (2) All containers, tanks, vats, drums,
 and piping systems  are free of cracks,
 holes, and other defects and remain
closed unless materials are being added
to or removed from them
  (c) Approval of alternative means of
limiting emissions  (1) The owner or
operator of an affected source may apply
to the Administrator for permission to
use an alternative means (such as an

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          Federal  Register / Vol 60,  No. 241  / Friday, December 15, 1995 / Rules and  Regulations    64339
add on control system) of limiting
emissions from coating operations The
application must include-
  (i) An engineering material balance
evaluation that provides a comparison
of the emissions that would be achieved
using the alternative means to those that
would result from using coatings that
comply with the limits in Table 2 of this
subpart, or the results from an emission
test that accurately measures the capture
efficiency and control device efficiency
achieved by the control system and the
composition of the associated coatings
so that the emissions comparison can be
made;
  (ii) A proposed monitoring protocol
that includes operating parameter
values to be monitored for compliance
and an explanation of how the operating
parameter values will be established
through a  performance test; and
  (iii) Details of appropriate
recordkeeping and reporting
procedures.
  (2) The Administrator shall approve
the alternative means of limiting
emissions if. in the Administrator's
judgment, post control emissions of
VOHAP per volume applied solids will
be no greater than those from the use of
coatings that comply with the limits in
Table 2 of this subpart.
  (3) The Administrator may condition
approval on operation, maintenance,
and monitoring requirements to ensure
that emissions from the source are no
greatei than those that would otherwise
result from this subpart. § 63 784
Compliance dates.
  (a) Each owner or operator of an
existing affected source shall comply
wilhin 1 year aftei  the effective date of
this subpart.
  (b) Each owner or operator of an
existing unaffected area source that
increases its emissions of (or its
potential to emit) HAP such that  the
source becomes a major source that is
subject to  this subpart shall comply
within 1 year after the date of becoming
a major source.
  (c) Each owner or operator of a new
or reconstructed source shall comply
with this subpart according to the
schedule in §63.6(b)

§63.785 Compliance procedures.
  (a) For each batch of coating that is
received by an affected source, the
owner or operator shall (see Figure 1 of
this section for a flow diagram of the
compliance procedures).
  (1) Determine the coating category
and the applicable VOHAP limit as
specified in §63 783(a)
  (2) Certify the as-supplied VOC
content of the batch of coating. The
owner or operator may use a
certification supplied by the
manufacturer for the batch, although the
owner or operator retains liability
should subsequent testing reveal a
violation. If the owner or operator
performs the certification testing, only
one of the containers in which the batch
of coating was received is required to be
tested.
  (b)(l) In lieu of testing each batch of
coating, as applied, the owner or
operator may determine compliance
with the VOHAP limits using any
combination of the procedures
described in paragraphs  (c)(l), (c)(2),
(c)(3), and (c)(4) of this section. The
procedure used for each coating shall be
determined and documented prior to
application.
  (2) The results of any compliance
demonstration conducted by the
affected source or any regulatory agency
using Method 24 shall take precedence
over the results using the procedures  in
paragraphs (c)(l), (c)(2), or (c)(3) of this
section.
  (3) The results of any compliance
demonstration conducted by the
affected source or any regulatory agency
using an approved test method to
determine VOHAP content shall take
precedence over the results using the
procedures in paragraph (c)(4) of this
section
  (c)(l) Coatings to which thinning
solvent will not be added For coatings
to which thinning solvent (or any other
material) will not be added under any
circumstance or to which only water is
added, the owner or operator of an
affected source shall comply as follows
  (i) Certify  the as-applied VOC content
of each batch of coating
  (ii) Notify the persons responsible for
applying the coating that no thinning
solvent may be added  to the coating by
affixing a label to each container of
coating in the batch or through another
means described in the implementation
plan required in §63.787(b).
  (iii) If the certified as-applied VOC
content of each batch of coating used
during a calendar month is less than or
equal to the applicable VOHAP limit  in
§63.783(a)  (either in terms of g/L of
coating or g/L of solids), then
compliance  is demonstrated for that
calendar month, unless a violation is
revealed  using Method 24 of Appendix
A to 40 CFR part 60.
  (2) Coatings to which thinning solvent
will be added—coating-by coating
compliance. For a coating to which
thinning solvent is routinely or
sometimes added, the owner or operator
shall comply as follows-
  (i) Prior to the first application of each
batch, designate a single thinner for the
coating and calculate the maximum
allowable thinning ratio (or ratios, if the
affected source complies with the cold
weather limits in addition to the othei
limits specified in Table 2 of this
subpart) for each batch as follows.
R =
    (Vs)( VOHAP limit)-m
VOC
               D
     Eqn
                 lh
where:
R=Maximum allowable thinning ratio
    for a given batch (L thinner/L
    coating as supplied);
Vs=Volume fraction of solids in the
    batch as supplied (L solids/L
    coating as supplied);
VOHAP limit=Maximum allowable as
    applied VOHAP content of the
    coating (g VOHAP/L solids);
mv, >c=VOC content of the batch as
    supplied [g VOC (including cure
    volatiles and exempt compounds on
    the HAP  list)/L coating (including
    water and exempt compounds) as
    supplied],
Dth=Density of the thinner (g/L)
  If V'^ is not supplied directly by the
coating manufacturer, the owner or
operator shall determine Vs as follows

Vs = 1 - -m^la"1'*                Eqn  2


where
rrXoiati]es=Total volatiles in the batch.
    including VOC, water, and exempt
    compounds (g/L coating), and
D^g=Average density  of volatiles in the
    batch (g/L)
  The procedures specified in
§ 63 786(d) may be used to determine
the values of variables defined in this
paragraph  In addition, the owner or
operator may choose to construct
nomographs, based on Equation 1  of this
subpart, similar or identical to the one
provided in appendix B of this subpart
as a means  of easily estimating the
maximum allowable thinning ratio
  (ii)  Prior  to the first  application of
each batch, notify painters and other
persons, as necessary, of the designated
thinner and maximum allowable
thinning ratio(s) for each batch of the
coating by affixing a label to each
container of coating or through another
means described in the implementation
plan required in §63 787(b).
  (iii) By the  15th day of each calendar
month, determine the  volume of each
batch of the coating used, as supplied.
during the  previous month
  (iv) By the  15th day of each calendar
month, determine the  total allowable
volume of thinner for  the coating used
during the  previous month as follows-

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 64340    Federal Register  /  Vol. 60, No,  241 /  Friday,  December  15,  1995  /  Rules and Regulations
u, =I(RxVb)i + £(Rcol
                                                                           Eqn. 3
 where:
 Vu =Total allowable volume of thinner
     for the previous month (L thinner);
 Vb=Volume of each batch, as supplied
     and before being thinned, used
     during non-cold-weather days of
     the previous month (L coating as
     supplied),
 Rco!d=Maximum allowable thinning ratio
     for each batch used during cold-
     weather days (L thinner/L coating
     as supplied);
 Vb-coid=Volume of each batch, as
     supplied and before being thinned,
     used during cold-weather days of
     the previous month (L coating as
     supplied).
 i=Each batch of coaling, and
 n=Total number of batches of the
     coating
   (v) By the 15th day of each calendar
 month, determine the volume of thinner
 actually used with the coating during
 the previous month
   (vi) If the volume of thinner actually
 used with the coating [paragiaph
 (c)(3)(v) of this section] is less than 01
 equal to the total allowable volume of
 thinnei for the coating [paragraph
 (c)(3)(iv) of this section], then
 compliance  is demonstrated foi  the
 coating for the pievious month,  unless
 a violation is icvealed using Method 24
 of Appendix A to 40 CFR part 60
   (3) Coatings ro which (he same
 thinning solvent will bf added—group
 compliance  Foi coatings to which the
same thinning solvent (or othei
material) is routinely or sometimes
added, the ownei 01 operator shall
comply as follows
  (i)  Designate a single thinner to be
added to each coating during the month
   and "group" coatings according to their
   designated thinner.
      (ii) Prior to the first application of
   each batch, calculate the maximum
   allowable thinning ratio (or ratios, if the
   affected source complies with the cold-
   weather limits in addition to the other
   limits specified ih Table 2 of this
   subpart) for each batch of coating in the
   group using the equations in paragraph
   (c)(2) of this section.
      (iii) Prior to the first application of
   each "batch," notify painters and other
   persons, as necessary, of the designated
   thinner and maximum allowable
   thinning ratio(s) for each batch in the
   group by affixing a label to each
   container  of coating or through another
   means described in the implementation
   plan required in §63.787(b)
      (iv) By the 15th day of each calendar
   month, determine the volume of each
   batch of the group used, as supplied,
   during the previous month.
      (v) By the 15th day of each calendar
   month, determine the total allowable
   volume of thinner for the group for the
   previous month using Equation 3 of this
   subpait
      (vi) By the 15th day of each calendar
   month, determine the volume of thinner
   actually used \\ ith the group during the
   previous month
      (\ii) If the volume of thinner actually
   used with the group [paragraph (c)(3)(vi)
   of this section] is less than or equal to
   the total allowable volume of thinner foi
   the gioup  [paragraph (c)(3)(v) of this
   section), then compliance is
   demonstrated foi the group for the
   pre\ ious month, unless a violation is
   revealed using Method 24 of Appendix
   A to 40 CFR part 60
   (4) Demonstration of compliance
 through an alternative (i e , other than
 Method 24 of Appendix A to 40 CFR
 part 60) test method. The owner or
 operator shall comply as follows.
   (i) Certify the as supplied VOHAP
 content (g VOHAP/L solids) of each
 batch of coating
   (ii) If no  thinning solvent will be
 added to the coating, the owner or
 operator of an affected source shall
 follow the procedure described in
 §63.785(c)(l), except that VOHAP
 content shall be used in lieu of VOC
 content
   (iii) If thinning solvent will be added
 to the coating, the owner or operator of
 an affected source shall follow the
 procedure described in §63 785(c) (2) OF
 (3). except  that  in Equation 1 of this
 subpart the term "m\, n;" shall be
 replaced by the term "m\oH W defined
 as the VOHAP content of the coating as
 supplied (g VOHAP/L coating) and the
 term "Dti."  shall be replaced by the lemi
 "DuHYOHAp)" defined as the average
 density of the VOHAP thinnei (s) (g/I.)
   (d)  A violation revealed through any
 approved test method shall result in a
 1 -day violation  for enforcement
 purposes A violation revealed through
 the recordkeeping procedures described
 in paragraphs (c)(l) through (c)(4) of this
 section shall result in a 30-day violation
 for enforcement purposes,  unless the
 owner or operator provides sufficient
 data lo demonstrate the specific days
during which noncompliant coatings
were applied
BILLING CODE 6560-50-P

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         Federal Register / Vol. 60,  No. 241 /  Friday. December  15,  1995 / Rules and Regulations    64341
                                    Figure  1  to §63.785    Flow diagram  of compliance  procedures
                 START
           MdVOHAP Miter «*eh
Note: OPTION 4 shaH follow the same procedures
shown for Options 1 through 3, depending on whether
or not and r»ow thinoers are used. When using
Option 4. the term "VOHAP" shall be used In lieu of
the term "VOC."
          CartHy VOC content <* «cft
                                                               No
r~ — ™ • ' 	
1

Group eoattng* by INnrwr
type
                                              Datefmine volume BON*
          Certify VOC confcnt oT •**
            NOUfy printers Hot no
            thfevtw rmry bt BddBd
                                                                                 Qitonino tvtto (irtt total)
                                           Dttinnlrn vctume ot each tateh
                                           Wnned durlno pr»«tou» monBi
                                                  (MiupplM)
                    CMwmln* vohinw of Mch bucti
                     thkm0d durtnQ piwrtuui muttfi
                                            Dot tot* rikwat* volurM of
                     CM KM Mow** vakcm of
                     rvw fof ••crt ^dup of coflUn
                     Nnrwd during prwtoui month
                                           thmmr for Mch oorik« thkvwd
                                              during prvrfou* month
                HIMM24
              orapprovvdlMt*
            on flny oovno vtown
                        or inyapprowd
                        on «nv costing it
                                                                                    Compllinoi

                                                                                  oprTofTT
BILLING CODE S560-50-C

-------
 64342    Federal  Register / Vol. 60, No.  241  /  Friday,  December  15,  1995  /  Rules  and Regulations
 § 63.786  Test methods and procedures.
   (a) For the compliance procedures
 described in §63.785 (c) (1) through
 (c)(3), Method 24 of 40 CFR part 60,
 appendix A, is the definitive method for
 determining the VOC content of
 coatings, as supplied or as applied
 When a  coating or thinner contains
 exempt compounds that are volatile
 HAP or VOHAP, the owner or operator
 shall ensure, when determining the
 VOC content of a coating, that the mass
 of these  exempt compounds is included.
   (b) For the compliance procedure
 described in §63.785(c)(4), the
 Administrator must approve the test
 method for determining the VOHAP
 content of coatings and thinners. As part
 of the approval, the test method must
 meet the specified accuracy limits
 indicated below for sensitivity,
 duplicates, repeatability, and
 reproducibility coefficient of variation
 each determined at the 95 percent
 confidence limit Each percentage value
 below is the corresponding coefficient
 of variation  multiplied by 2.8 as in the
 ASTM Method El 80-93:'Standard
 Practice  foi Determining the Precision of
 ASTM Methods for Analysis and
 Testing of Industrial Chemicals
 (incorporation by reference—see
 §6314)
   (1) Sensitivity The overall sensitivity
 must be sufficient to identify and
 calculate at least one mass percent of
 the compounds of interest based on the
 original sample The sensitivity is
 defined as ten times the noise level as
 specified in  ASTM Method D3257-93
 Standard Test Methods for Aromatics in
 Mineral Spirits by Gas Chromatograph}
 (iricorpotation by reference—see
 §63 14)  In deter mining the sensitivity,
 the level  of sample dilution must be
 factored  in
  (2) Repeatability  First, at the 0 1-5
 percent analyte range the results would
 be suspect if duplicates vary by  more
 than 6 percent relative and/or day to
 day variation of mean duplicates by the
 same analyst exceeds 10 percent
 relative Second, at greater than  5
 percent analyte range the results would
 be suspect if duplicates vary by  more
 than 5 percent relative and/or day to
 day variation of duplicates by the same
 analyst exceeds 5 percent relative
  (3) Reproducibility First, at the 0.1-
 5 percent analyte range the results
 would be suspect if lab to lab variation
exceeds 60 percent relative. Second, at
 greater than 5 percent range the results
 would be suspect if lab to lab variation
exceeds 20 percent relative.
  (4) Any test method should include
information on the apparatus, reagents
and materials, analytical procedure,
procedure for identification and
 confirmation of the volatile species in
 the mixture being analyzed, precision
 and bias, and other details to be
 reported The reporting should also
 include information on quality
 assurance (QA) auditing.
   (5) Multiple  and different analytical
 techniques must be used for positive
 identification if the components in a
 mixture under analysis are not known
 In such cases a single column gas
 chromatograph (GC) may not be
 adequate. A combination of equipment
 may be needed such as a GC/mass
 spectrometer or GC/infrared system (If
 a GC method is used, the operator must
 use practices in ASTM Method E260-
 91. Standard Practice for Gas
 Chromatography [incorporation by
 reference—see §63.14].)
   (c) A coating manufacturer or the
 owner or operator of an affected source
 may use batch  formulation data as a test
 method in lieu of Method 24 of
 Appendix A  to 40 CFR part 60 to certify
 the as-supplied VOC content of a
 coating if the manufacturei or  the owner
 or operator has determined that batch
 formulation data have a consistent and
 quantitatively known relationship to
 Method 24 results This determination
 shall consider the  role of cure volatiles,
 which may cause emissions to exceed
 an amount based solely upon coating
 formulation data Notwithstanding such
 determination, in the event of
 conflicting results, Method 24 of
 appendix A of 40 CFR part 60  shall take
 precedence
   (d) Each owner or operatoi of an
 affected source shall use or ensure that
 the manufacturer uses the form and
 procedures mentioned in appendix A of
 this subpart to determine values for the
 thinner and coating parameters used in
 Equations 1 and 2  of this subpait  The
 ovvner or operator  shall ensure that the
 coating/thinner manufacturer (or
 supplier) provides information on the
 VOC and VOHAP contents of the
 coatings/thinners and the procedure(s)
 used to  determine  these values.

 §63.787   Notification requirements.

   (a) Each owner or operator of an
 affected source  shall comply with all
 applicable notification requirements in
 §63.9(a) through (d) and (i) through (j),
 with the exception that the deadline
 specified in §63 9(b) (2) and (3) shall be
 extended from 120 days to 180 days
 Any owner or operator that receives
 approval pursuant  to §63 783(c) to use
 an add-on control system to control
coating emissions shall comply with the
applicable requirements of §63 9(e)
through (h)
   (b) Implementation plan The
 provisions of § 63.9(a) apply to the
 requirements of this paragraph
   (1) Each owner or operator of an
 affected source shall:
   (i) Prepare a written implementation
 plan that addresses each of the subject
 areas specified in paragraph (b)(3) of
 this section, and
   (ii) Not later than  180 days after the
 effective date of this subpart. submit the
 implementation plan to the
 Administrator for approval along with
 the notification required by §63 9(b) (2)
 or (5), as applicable.
   (2) The Administrator may require
 revisions to the initial plan where the
 Administrator finds that the plan does
 not adequately address each subject area
 listed in paragraph (b)(3) of this section
 or that the requirements in the plan are
 unclear.
   (3) Implementation plan contents
 Each implementation plan shall address
 the following subject areas'
   (i) Coating compliance procedures.
 The implementation plan shall include
 the compliance procedure(s) under
 § 63 785(c) that the source intends to
 use.
   (ii) Recordkeeping procedures The
 implementation plan shall include the
 procedures for maintaining the records
 required under §63 788, including the
 procedures for gathering the necessary
 data and making the necessary
 calculations
   (iii)  Transfer, handling, and storage
 procedures The implementation plan
 shall include the procedures for
 ensuring compliance v\ ith § 63 783(b).
   (4) Major sources that intend to
 become area sources bv the compliance
 datp Existing major sources that intend
 to become area sources by the
 compliance date December 16. 1996
 may choose to submit, in lieu of the
 implementation plan required under
 paragraph (b)(l)  of this section, a
 statement that, by the compliance date,
 the major source intends to obtain and
 comply with federally enforceable limits
 on their potential to emit which make
 the facility an area source. §63.788
 Recordkeeping and reporting
 requirements
   (a) Each owner or operator of an
 affected source shall comply with the
 applicable recordkeeping and reporting
 requirements in §63.10 (a), (b), (d), and
 (f) Any owner that receives approval
 pursuant to § 63.783(c) to use an add-on
 control system to control coating
 emissions shall also comply with the
applicable requirements of §63 10 (c)
and (e). A summary of recordkeeping
and reporting requirements is provided
 in Table 3 of this subpart

-------
          Federal  Register / Vol. 60, No. 241  /  Friday, December 15, 1995 / Rules  and Regulations   64343
  (b) Recordkeeping requirements (1)
Each owner or operator of an unaffected
major source, as described in
§ 63.781 (b), shall record the total
volume of coating applied at the source
to ships. Such records shall be compiled
monthly and maintained for a minimum
of 5 years.
  (2) Each owner or operator of an
affected source shall compile records on
a monthly basis and maintain those
records for a minimum of 5 years At a
minimum, these records shall include-
  (i) All documentation supporting
initial notification;
  (ii) A copy of the affected source's
approved implementation plan;
  (iii) The volume of each low-usage-
exempt coating applied;
  (iv) Identification of the coatings
used, their appropriate coating
categories, and the applicable VOHAP
limit,
  (v) Certification of the as supplied
VOC content of each batch of coating,
  (vi) A determination of whether
containers meet the standards as
described in § 63.783(b)(2), and
  (vii) The results of any Method 24 of
appendix A to 40 CFR part 60 or
approved VOHAP measurement test
conducted on individual containers of
coating, as applied
  (3) The records required by paragraph
(b)(2) of this section shall include
additional information, as determined
by the compliance procedure(s)
described in § 63.785(c) that each
affected source followed'
  (i) Coatings to which thinning solvent
will not be added The records
maintained by facilities demonstrating
compliance using the procedure
described  in § 63 785(c)(l) shall  contain
the following information
  (A) Certification of the as applied
VOC content of each batch of coating,
and
  (B) The volume of each coating
applied.
  (ii) Coatings to which thinning solvent
will be added—coating by coating
compliance  The records maintained by
facilities demonstrating compliance
using the procedure described in
§63.785(c)(2) shall contain the
following  information.
  (A) The density and mass fraction of
water and exempt compounds of each
thinner and the volume fraction of
solids (nonvolatiles) in each batch,
including any calculations;
  (B) The  maximum allowable thinning
ratio (or ratios, if the affected source
complies with the cold-weather  limits
in addition to the other limits specified
in Table 2 of this subpart  for each batch
of coating, including calculations;
  (C) If an affected source chooses to
comply with the cold weather limits.
the dates and times during which the
ambient temperature at the affected
source was below 4.5°C (40°F) at the
time the coating was applied and the
volume used of each batch of the
coating, as supplied, during these dates,
  (D) The volume used of each batch of
the coating, as supplied;
  (E) The total allowable volume of
thinner for each coating, including
calculations; and
  (F) The actual volume of thinner used
for each coating.
  (iii) Coatings to which the same
thinning solvent will be added—group
compliance. The records maintained by
facilities demonstrating compliance
using the procedure described in
§63.785(c)(3) shall contain the
following information:
  (A) The density and mass fraction  of
water and exempt compounds of each
thinner and the volume fraction of
solids in each batch, including any
calculations,
  (B) The maximum allowable  thinning
ratio (or ratios, if the affected source
complies with the cold-weather limits
in addition to the other limits specified
in Table  2 of this subpart) for each batch
of coating, including calculations,
  (C) If an affected source chooses to
comply with the cold-weather limits,
the dates and times during which the
ambient temperature at the affected
source was below 4 5°C (40°F) at the
time the coating was applied and the
volume used of each batch in the group,
as supplied, during these dates;
  (D) Identification of each group of
coatings and their designated thinners.
  (E) The volume used of each  batch of
coating in the group, as supplied,
  (F) The total allowable volume of
thinner for the group, including
calculations, and
  (G) The actual volume of thinner used
for the group
  (iv) Demonstration of compliance
through an alternative (i.e , non-Method
24 in appendix A to 40 CFR part 60) test
method  The records maintained by
facilities demonstrating compliance
using the procedure described in
§63.785(c)(4) shall contain the
following information'
  (A) Identification of the
Administrator-approved VOHAP test
method or certification procedure;
  (B) For coatings to which the affected
source does not add thinning solvents,
the source shall record the certification
of the as-supplied and as-applied
VOHAP content of each batch and the
volume of each coating applied;
  (C) For coatings to which the affected
source adds thinning solvent on a
coating by-coating basis, the source
shall record all of the information
required to be recorded by paragraph
(b)(3)(ii) of this section; and
  (D) For coatings to which the affected
source adds thinning solvent on a group
basis, the source shall record all of the
information required to be recorded  by
paragraph (b)(3)(iii) of this section.
  (4) If the owner or operator of an
affected source detects a violation of the
standards specified in § 63.783, the
owner or operator shall,  for the
remainder of the reporting period
during which the violation(s) occurred,
include the following information in his
or her records:
  (i) A summary of the number and
duration of deviations during the
reporting period, classified by reason,
including known causes for which a
Federally-approved or promulgated
exemption from an emission limitation
or standard may  apply
  (ii) Identification of the data
availability achieved during the
reporting period, including a summaiy
of the number and  total duration of
incidents that the monitoring protocol
failed to perform in accordance with the
design of the protocol or produced data
that did not meet minimum data
accuracy and precision requirements,
classified by reason
  (iii) Identification of the compliance
status as of the last day of the reporting
period and whether compliance was
continuous or intermittent during the
reporting period
  (iv) If, pursuant to paragraph (b)(4)(iii)
of this section, the  owner or operator
identifies any deviation as resulting
from a known cause for which no
Federally approved or promulgated
exemption from  an emission limitation
or standard applies, the monitoring
report  shall also  include all records that
the source  is required to maintain that
pertain to the periods during which
such deviation occurred and
  (A) The magnitude of each deviation,
  (B) The reason for each deviation.
  (C) A description of the corrective
action  taken for each deviation,
including action taken to minimize each
deviation and action taken to prevent
recurrence, and
  (D) All quality assurance activities
performed  on any element of the
monitoring protocol.
  (c) Reporting requirements Before the
60th day following completion of each
6-month period after the compliance
date specified in §63.784, each owner
or operator of an affected source shall
submit a report to the Administrator for
each of the previous 6 months The
report  shall include all of the
information that  must be retained
pursuant to paragraphs (b) (2) through
(3) of this section, except for that

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64344    Federal  Register / Vol. 60, No. 241  /  Friday, December 15, 1995  / Rules  and Regulations
information specified in paragraphs
(b)(2) (i) through (ii), (b)(2)(v),
(b)(3)(iii)(A). If a violation at an affected
source is detected, the source shall also
                     report the information specified in
                     paragraph (b)(4) of this section for the
                     reporting period during which the
                     violation(s) occurred. To the extent
                     possible, the report shall be organized
                                                  according to the compliance
                                                  procedure(s) followed each month by
                                                  the affected source.
               TABLE 1 To SUBPART II OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART II
Reference
631(a)(1)-(3)
631(a)(4) .
631(a)(5)-(7)
631(a)(8).
631(a)(9)-(14)... .
631(b)(1) .. ..
63.1(b)(2)-(3) ...
63 1 (cHe)
632

633 ...
634
63 5(a)-(c)
63 5(d)

63 5(e)-(f)
63 6(a)-(b)
63 6(c)-(d)
63 6(e)-(f)

63 6(g)
636(h) ,
63 6(i)-(j)
637

638

63 9(a)-(d)

639(e)

639(f)
63 9(g)-(h)

63 9(i)-0)
63 10(a)-(b)
63 1 0(c)

Applies to
subpart II
Yes . ..
Yes 	
Yes
No
Yes
Yes
Yes
Yes
Yes

Yes ..
Yes
Yes
Yes

Yes
Yes
Yes .
No

No
No
Yes
No

No

Yes

No ..

No
No

Yes
Comment

Subpart II clarifies the applicability of each paragraph in subpart A to sources

Discusses State programs

§ 63.781 specifies applicability In more detail


Additional terms are defined in §63782, when overlap between subparts A
precedence
Other units used in subpart II are defined in that subpart


Except information on control devices and control efficiencies should not be
less an add-on control system is or will be used to comply with subpart II in


Except §63 784(a) specifies the compliance date for existing affected sources
If an alternative means of limiting emissions (e.g , an add-on control system)
II in accordance with §63 783(c), then these paragraphs do apply

subject to subpart II.






and II occurs, subpart II takes




included in the application un-
accordance with §63 783(c)



is used to comply with subpart

§63 783(c) specifies procedures for application and approval of alternative means of limiting emissions
Subpart II does not contain any opacity or visible emission standards

If an alternative means of limiting emissions (e g , an add-on control system)
II in accordance with §63783(c), then this section does apply
If an alternative means of limiting emissions (e g , an add-on control system)
II in accordance with §63 783(c), then this section does apply


is used to comply with subpart

is used to comply with subpart

§63787(a) extends the initial notification deadline to 180 days §63787(b) requires an implementation plan
to be submitted with the initial notification
If an alternative means of limiting emissions (e g , an add-on control system)
II in accordance with §63 783(c), then this paragraph does apply
Subpart II does not contain any opacity or visible emission standards
If an alternative means of limiting emissions (e g , an add-on control system)
II in accordance with §63 783(c) then these paragraphs do apply

Yes §63 788(b)-(c) list additional recordkeeping and reporting requirements
No If an alternative means of limiting emissions (e g , an add-on control system)
II in accordance with §63783(c), then this paragraph does apply

is used to comply with subpart


is used to comply with subpart



is used to comply with subpart

63 10(d)
6310(e)

63 10(f)
63 11

6312-63 15
Yes
No

Yes
No

Yes
[ If an alternative means of limiting emissions (e g , an add-on control system) is used to comply with subpart
   II in accordance with §63783(c), then this paragraph does apply

 If an alternative means of limiting emissions (e g . an add-on control system) is used to comply with subpart
   II in accordance with §63 783(c). then this section does apply
        TABLE 2 TO SUBPART II OF PART 63.—VOLATILE ORGANIC HAP (VOHAP) LIMITS FOR MARINE COATINGS
Coating category
General use
Specialty
Air flask
Antenna
Antifoulant
Heat resistant
High-gloss
High-temperature . .
VOHAP limits"1":
Grams/liter
coating
(minus
water and
exempt
compounds)
340
340
530
400
420
420
500
Grams/liter solids'1
t > 4 5C C
571
571
1,439
765
841
841
1,237
t <45iC'=
728
728
971
1,069
1,069
1,597

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           Federal  Register  /  Vol. 60,  No. 241 /  Friday, December  15, 1995  /  Rules  and  Regulations   64345
  TABLE 2 TO SUBPART II OF PART 63.—VOLATILE ORGANIC HAP (VOHAP) LIMITS FOR  MARINE COATINGS—Continued
Coating category
Inorganic zinc high-build . 	 . .
Military exterior ... . 	 	
Mist
Navigational aids
Nonskid 	 . 	 	
Nuclear 	 . 	
Organic zinc 	
Pretreatment wash primer 	
Repair and maint of thermoplastics 	
Rubber camouflage 	 	 	 ... 	
Sealant for thermal spray aluminum ..... 	
Special marking . ......
Specialty interior 	 	
Tack coat
Undersea weapons systems . 	
Weld-through precon primer
VOHAP limits abc
Grams/liter
coating
(minus
water and
exempt
compounds)
340
340
610
550
340
420
360
780
550
340
610
490
340
610
340
650
Grams/liter solids d
t > 4 5° C
571
571
2,235
1,597
571
841
630
11,095
1,597
571
2,235
1,178
571
2,235
571
2,885
r t < 4 5° C =
728
728
728
1,069
802
728
728
728
  "The limits are expressed  in two sets  of equivalent  units  Either set of limits may be used for the compliance procedure described in
§63785(c)(1), but only the limits expressed in  units of g/L solids (nonvolatiles) shall be used for  the compliance  procedures described
§ 63 785(c) (2) through (4)
  bVOC (including exempt compounds listed as HAP) shall be used as a surrogate for VOHAP  for those compliance procedures described in
§ 63 785(c)(1) through (3)
  cTo convert from g/L to Ib/gal, multiply by (3 785 L/gal)(1/453 6 Ib/g) or 1/120  For compliance purposes, metric units define the standards
  d VOHAP limits expressed in units of mass of VOHAP per volume of solids were derived from the VOHAP limits expressed in units of mass of
VOHAP per volume of coating assuming the coatings contain no water or exempt compounds and that the volumes of all components within a
coating are additive
  'These limits apply dunng cold-weather time periods, as defined in §63782  Cold-weather allowances are not given to coatings in categories
that permit over a  40 percent VOHAP content by volume.  Such coatings are subject to the same limits regardless of weather conditions

       TABLE 3 TO SUBPART M OF PART 63.—SUMMARY OF RECORDKEEPING AND REPORTING REQUIREMENTS^ c
Requirement

Notification (§ 63 9(a)-(d))
Implementation plan (§63. 787(b))d .... ...
Volume of coating applied at unaffected major sources (§ 63 781 (b))
Volume of each low-usage-exempt coating applied at affected sources (§ 63 781 (c))
ID of the coatings used, their appropriate coating categories, and the applicable
VOHAP limit .. . . 	
Determination of whether containers meet the standards described in §63 783(b)(2)
Results of M-24 or other approved tests
Certification of the as-supplied VOC content of each batch
Certification of the as-applied VOC content of each batch
Volume of each coating applied
Density of each thinner and volume fraction of solids in each batch
Maximum allowable thinning ratio(s) for each batch ....
Volume used of each batch, as supplied 	
Total allowable volume of thinner 	
Actual volume of thinner used
Identification of each group of coatings and designated thinners

All Opts
Rec

X
X
X
X

X
X
X
X









Rep

X
X

X

X
X
X









	
Option 1
Rec










X
X







Rep











X







Option 2
Rec




Rep




i







X
X
X
X
X




Option 3
Rec
Rep












X
X
X
X
x







X
X
X
X














X
X
X
x
X

  "Affected sources that comply with the cold-weather limits must record and report additional information, as specified in §63788(b)(3) (u)(C)
(iii)(C), and (iv)(D)
  b Affected sources that detect a violation must record and report additional information, as specified in §63 788(b)(4)
  c OPTION 4 the recordkeepmg and reporting requirements of Option 4 are identical to those of Options 1, 2, or 3, depending on whether and
how thinners are used  However, when using Option 4, the term  "VOHAP" shall be used  in  lieu of the term "VOC," and the owner or operator
shall record and report the Administrator-approved VOHAP test method or certification procedure
  dMajor sources that intend to become area sources by the compliance date may, in lieu of submitting an implementation plan, choose to sub-
mit a statement of intent as specified in  §63 787(b)(4)

-------
64346    Federal  Register  / Vol.  60, No. 241 /  Friday,  December  15, 1995  / Rules and Regulations
Appendix A toSubpart II of Part 63—VOC
Dat the manufacturer
Supplied To   	
  Properties of the coating as supplied ' to
the customer
A  Coating Density  (Dc)s _
  | ] ASTMD1475-90"
B  Total Volatiles: (mv)s _
  [ ] ASTM D2369-93 *
C  Water Content 1  (m«),
  I 1 ASTMD3792-91 "
                         g/L
                         ) Other3
                        Mass Percent
                        1 Other 3
                        	Mass Percent
                         ) ASTM
  D4017-90*  [   ] Other3
2 (vw)s	Volume Percent
  3 Explain the other method used under
"Remarks "
  [   ! Calculated  |   ] Other3
D Organic Volatiles  (m0)s	Mass Percent
E Nonvolatiles  (vn)<	 Volume Percent
  I   ] Calculated  [   ] Other3
F VOC Content (VOC)S
  1  	g/L solids (nonvolatiles)
  2  	   g/L coating (less water and exempt
    compounds)
G Thinner Density
                                             ASTM
                                                                                                      Other 3
                                                                                                              -8/L
                                         Remarks  (use reverse side)
                                           Signed  _ Date

                                         BILLING CODE 6560-50-P

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        Federal Register / Vol. 60, No. 241 / Friday, December 15,  1995  / Rules and Regulations  64347

              Appendix B To Subpart n of Part 63 ~ Maximum Allowable Thinning Rates As A
              Function Of As Supplied VOC Content And Thinner Densitya'b
           CD
           c
                 0.6
                 0.5
                 0.4
0.3
                 0.2
                 0.1
                 0.0
                             •Thinner density • 840 g/L
                             nThinner density -1,200 g/l
                                               \
                             50     100     150    200   250    300    350
                               g VOC/L coating, as supplied
       * These graphs represent maximum allowable thinning ratios for general use coatings without
       water or exempt compounds.
        The average density of the volatiles in the coating was assumed = 840 g solvent/L solvent.
|FR Doc 95-29748 Filed 12-14-95, 8 45 am]
BILLING CODE 6560-50-C

-------
 30814     Federal Register / Vol.  61,  No.  118 / Tuesday, June 18, 1996 / Rules  and Regulations
 ii Verification piocedures shall be
 conducted at reasonable times during
 normal business hours
   (5) Ami-duplication rules. A filer
 shall be subject to no more than one
 verification procedure per calendar
 year An Annual Statement of Account
 shall be subject to a verification
 procedure only once
   (e) Scope of verification The verifying
 auditor shall limit his or her
 examination to verifying the
 information required in the Annual
 Statement of Account To  the extent
 possible, the verifying auditor shall
 inspect the information contained in the
 primary auditor's report and the
 primary auditor's working papers. If the
 verifying auditor believes  that access to
 the records, files, or other  materials in
 the control of the filer is required
 according to GAAS. he or  she may, after
 consultation with the ptimary auditor,
 require the production of these
 documents as well The verifying
 auditor and the primary auditor shall
 act in good faith using reasonable
 professional judgment, with the
 intention of leaching a reasonable
 accommodation as to the necessity and
 scope of examination of any additional
 documents, but the decision to require
 the pioduction of additional documents
 is solely that of the verifying auditoi
   (f) Verification Report Upon
 concluding the \erification procedure,
 the verifying auditor shall  render a
 report enumerating in teasonable detail
 the pioceduies performed  by the
 verifying auditot and his 01 hei
 findings Such findings shall state
 whether there was any failuie of the
 primary auditor to conduct properly the
 piimai\ audit or obtain a reliable result,
 and \\hether there \\as any error in the
 Annual Statement of Account, itemized
 by amount and by the filer's elected
 fiscal year If there x\as such failure or
 eiror, the report shall specify all
 evidence from which the verifying
 auditor reached such conclusions. Such
 evidence shall be listed and identified
 in an appendix to the report in
 sufficient detail to enable a third party
 to reasonably understand or interpret
 the evidence on which the verifying
 auditor based his or her conclusion If
 there was no such failure or error, the
 report shall so state
  (g) Distribution of Report Copies of
 the verifying auditor's report shall be
subject to the confidentiality provisions
of § 201 29 and shall be distributed as
follows
  (1) One copy, excluding  the appendix,
 if applicable, shall be filed  with the
Register of Copyrights
  (2) One copy, with  the appendix, if
applicable, shall be submitted to each of
 the interested copyright parties who
 retained the services of the verifying
 auditor and who are authorized to
 receive such information according to
 §201.29.
   (3) One copy, with the appendix, if
 applicable, shall be submitted to the
 filer of the Annual Statement of
 Account
   (4) One copy, with the appendix, if
 applicable, shall be submitted to the
 primary auditor
   (h) Retention of Report The Register
 of Copyrights will retain his or her copy
 of the verifying auditor's report for three
 years following the date the copy of the
 verifying auditor's report is filed
   (i) Costs of Verification. The joint
 interested copyright parties who
 requested the verification procedure
 shall pay the fees of the verifying
 auditor arid the primary auditor for their
 work performed in connection with the
 verification procedure, except, if the
 verification procedure results in a
 judicial determination or the filer's
 agreement  that royalty payments were
 understated on the Annual  Statement of
 Account, then,
   (1) if the amount is less than five
 peicerit (5%) of the amount stated on
 the Annual Statement of Account, that
 amount shall first be used to pa\ the
 fees of the verifying auditor and the
 primary auditor, and any remaining
 amount plus am applicable interest on
 the total amount shall be deposited.
 allocated by the filer's elected fiscal
 year, with the Register of Copyrights, 01
   (2) if the amount is equal  to or greater
 than five percent (5%) of the amount
 stated on the Annual Statement of
 Account, the filer shall pay the fees of
 the verifying auditor and the primary
 auditoi, and, in addition, shall deposit
 the amount found to be due plus any
 applicable  interest on  the total amount,
 allocated by the filer's elected fiscal
 year, with the Register of Copyrights
   (j) Independence and qualifications of
 verifying auditor.
   (I) The verifying auditor shall be
 qualified and independent as defined in
 this section If the filer has reason to
 believe that the verifying auditor is not
 qualified or independent, it shall raise
 the matter with the joint interested
 copyright parties before the
commencement of the verification
procedure,  and if the matter is not
resolved, it may raise the issue with the
 American Institute of Certified Public
Accountants' Professional Ethics
Division and/or the verifying auditor's
State Board of Accountancy while the
verification procedure is being
performed
  (2) A verifying auditor shall be
considered qualified if he or she is a
 certified public accountant or works
 under the supervision of a certified
 public accounting firm
   (3) A verifying auditor shall be
 considered independent if:
   (i) he or she is independent as that
 term is used in the Code of Professional
 Conduct of the American Institute of
 Certified Public Accountants, including
 the Principles,  Rules and Interpretations
 of such Code applicable generally to
 attest engagements (collectively, the
 "AICPA Code"), and (ii)  he or she is
 independent as that term is used in the
 Statements on Auditing Standards
 promulgated by the Auditing Standards
 Board of the AICPA and Interpretations
 thereof issued by the Auditing
 Standards Division of the AICPA.
   Dated June 6,  1996
 Mary belli Peters,
 Register of Copyrights
   Approved bv
 James H Bilhngton,
 The Librarian of Congress
 IFRDor 96-15390 Filed 6-17-96, 8 45 am]
 BILLING CODE 1410-30-P
 ENVIRONMENTAL PROTECTION
 AGENCY

 40CFRPart63
 [AD-FRL-5521-5]
 RIN 2060-AD98

 National Emission Standards for
 Hazardous Air Pollutants for
 Shipbuilding and Ship Repair (Surface
 Coating) Operations

 AGENCY: Environmental Protection
 Agency (EPA)
 ACTION: Direct final rule
SUMMARY: On December 15. 1995. the
EPA issued national emission standards
for hazardous air pollutants (NESHAP)
under Section 112i of the Clean Air Act
as amended in 1990 for shipbuilding
and ship repair (surface  coating)
operations. The NESHAP requires
existing and new major sources to
control emissions using  the maximum
achievable control technology to control
hazardous air pollutants. This action
revises the compliance date for sources
subject to this standard and revises the
date for submittal of implementation
plans Specifically, this action extends
the June 13, 1996 deadline for submittal
of an implementation plan to Decembei
16, 1996 The compliance date is
extended from December 16, 1996 to
December 16, 1997  This action is being
taken because the EPA has learned that
sufficient  time was not provided  to

-------
            Federal Register  /  Vol. 61, No.  118 / Tuesday, June 18, 1996  / Rules  and Regulations     30815
prepare the implementation plans and
establish the necessary inventory
management systems to ensure
compliance with the standard. This
action is also being taken to improve
coordination of compliance with the
NESHAP with the anticipated
implementation of the control
techniques guidelines (CTG)
requirements for shipbuilding and ship
repair facilities.
  This action also removes the
requirement that implementation plans
be approved by the EPA. This
requirement is being removed because it
was not EPA's intent for the
implementation plan to be the
mechanism for enforcing the rule
DATES: The direct final rule will be
effective August  19, 1996 unless
significant, adverse comments are
received by July  18, 1996 If the effective
date is delayed, timely notice will be
published in the  Federal Register
ADDRESSES: Comments should be
submitted to  Air and Radiation Docket
and Information  Center (6102),
Attention Docket Number A-92-11,
Room M-1500, U.S  Environmental
Protection Agency, 401 M Street, SW,
Washington, D ^20460
FOR FURTHER INFORMATION CONTACT: Dr
Mohamed Serageldin, Emission
Standards Division (MD-13), U S
Environmental Protection Agency.
Office of Air Quality Planning and
Standards, Research Triangle Park,
North Carolina 27711, telephone
number (919) 541-2379
SUPPLEMENTARY INFORMATION:
  Regulated Entities The regulated
category and entities affected by this
action include:
   Category
Examples of regulated
      entities
Industry         Facilities that build, repair,
                repaint, convert, or alter
                ships The term ship
                means any marine or
                fresh-water vessel, includ-
                ing self-propelled vessels,
                those propelled by other
                craft (barges), and navi-
                gational aids (buoys)
               Note: An offshore oil and
                gas drilling platform is not
                considered a ship for pur-
                poses of this regulation
Federal Govt     Federal Agencies which un-
                dertake shipbuilding or re-
                pair operations (see
                above) such  as the Navy
                and Coast guards

  This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action This table lists
the types of entities that EPA is now
aware could potentially be regulated by
this action  Other types of entities not
listed in the table could also be
regulated To determine wheher your
facility is regulated by this action, you
should carefully examine the
applicability criteria in § 63.782 of the
regulation.  If you have questions
regarding the applicability of this action
to a particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
  Any significant and timely adverse
comments received on any portion of
this direct final rule will be addressed
in a subsequent final  rule based on the
proposed rule contained in the
Proposed Rules Section of this Federal
Register that is identical to this direct
final rule. If no significant and timely
adverse comments aie received on this
direct final rule, then the direct final
rule will become effective August 19,
1996 and no further action is
contemplated on the parallel proposal
published today
I. Basis for Changes to Rule
A  Compliance Date
  The EPA is extending the compliance
date from December 16, 1996 to
December 16, 1997 to allow time for
sources to develop the necessary
inventory management systems,
administrative contiols, and to allow
coordination of compliance plans for
this rule and the CTG, v\ hich is planned
for publication in the near future When
the final NESHAP was issued, the EPA
selected a one-year compliance period
to allow time foi sources to deplete
existing inventories of coatings and to
conduct compliance planning
procedures  Since the final rule was
issued on December 15, 1995, the EPA
has learned that there aie a number of
companies subject to  this rule that
presently do not have inventory
management systems necessary to
ensure compliance, and that some
facilities are relying on outside
consultants to develop such systems. In
such cases, at least one year is needed
to establish the paint  inventory
management and administrative control
system. Additionally, at the time the
final NESHAP was issued, EPA
expected to issue final guidance for the
CTG for shipbuilding and ship repair
(surface coating) opeiations in the near
future  Issuance of this CTG has been
delayed Since control techniques for
volatile organic compound emissions
could affect the compliance approach
selected for the  NESHAP, the EPA
believes that it is appropriate to extend
the compliance date for the NESHAP to
allow coordination with rules adopted
by States to implement the CTG Based
on the anticipated schedule for issuance
of the CTG, the EPA believes that
extension of the compliance date to
December 16, 1997 should provide
sufficient time to allow coordination of
compliance planning for both the
NESHAP and any applicable State rules

B. Implementation Plan
  The EPA is extending the June 1 3,
1996 deadline for submittal of
implementation plans to December  16,
1996. The deadline for submitting these
plans is being extended because the
EPA has learned that sufficient time was
not provided to prepare the
implementation plans and establish the
necessary paint inventory management
and administrative control systems  to
ensure compliance with the standard
Because information available to the
EPA during the development of the
NESHAP suggested that  most shipyards
had some form of inventory
management system, the EPA expected
that 180 days should be sufficient to
prepare the implementation plan Due
to information received from the
industry since the final rule was issued.
the EPA believes that one year is a more
appropriate time frame for selection of
the compliance approach and
development of the implementation
plan. Therefore, this document revises
the date for submittal of implementation
plans to December  16, 1996
  This action also removes the
requirement that implementation plans
be approved by the EPA This
requirement is being eliminated since it
was not the EPA's intent for the
implementation plan to be the
mechanism for enforcing the rule and. if
the plans are subject to approval, some
people might aigue that was the role of
the plan The implementation plan  will
serve to provide guidance and assist in
enforcement of the rule

II Administrative  Requirements

A Paperwork Reduction Act
  The information  collection
requirements of the previously
promulgated NESHAP were submitted
to and approved by the Office of
Management and Budget (OMB). A  copy
of this Information Collection Request
(1CR) document (OMB number 1414.02)
may be  obtained from Sandy Farrnei,
Information  Policy Branch (PM-223Y),
U S Environmental Protection Agency.
401 M Street. SW. Washington, DC
20460 or by calling (202) 260-2740
  Today's changes to the NESHAP
should have no impact on the

-------
 30816     Federal Register  /  Vol.  61,  No  118 / Tuesday, June 18, 1996 / Rules  and Regulations
 information collection burden estimates
 made previously The change to the
 implementation plan requirements
 merely extends the date for submission
 of plans from existing sources. These
 changes do not impose new
 requirements Consequently, the 1CR has
 not been revised
 B. Executive Order 12866 Review
   Under Executive Order 12866, the
 EPA  must determine whether the
 proposed regulatory action is "not
 significant" and therefore, subject to
 OMB review and the requirements of
 the executive order. The Order defines
 "significant" regulatory action as one
 that is likely to lead to 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
 en\ ironment, public health or safety in
 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
 01 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
   The Shipbuilding NESHAP
 promulgated on December 15, 1995  was
 determined to not be a "significant
 regulatory action" under Executive
 Order 12866  Therefore, a regulatory
 impart  analysis \\as riot prepared The
 amendments issued today extend dates
 for subrnittal of implementation plans
 and the compliance date and remove the
 requirement for approval of
 implementation plans These changes
 do not add  am additional control
 requirements or costs Therefore, this
 regulatory action does not affect the
 previous decision and is not considered
 to be significant.
 C Regulatory Flexibility Act
  The Regulatory Flexibility Act of 1980
 requires the identification of potentially
 adverse impacts of Federal regulations
 upon  small business entities. The Act
specifically requires the completion  of a
 Regulatory Flexibility Analysis in those
 instances where small business impacts
are possible Because this rulemaking
 imposes no adverse economic impacts,
a Regulatory Flexibility Analysis has not
been prepared. Pursuant to Section
605(b) of the Regulatory Flexibility Act,
5 LJ S.C  605(b), the Administrator
certifies that this rule will not have a
 significant economic impact on a
 substantial number of small entities
 D Submission to Congress and the
 General Accounting Office

   Under section 801 (a)(l)(A) of the
 Administrative Procedures Act (APA) as
 amended by the Small Business
 Regulatory Enforcement Fairness Act of
 1996, EPA submitted a report containing
 this rule and other required information
 to the U S. Senate, the U.S. House of
 Representatives and the Comptroller
 General of the General Accounting
 Office prior to publication of the rule in
 today's Federal Register. This rule is
 not a "major rule" as defined by section
 804(2) of the APA as amended

 E Unfunded Mandates

   Under Section 202 of the Unfunded
 Mandates Reform  Act of 1995, the EPA
 must prepare a budgetary impact
 statement to accompany any proposed
 or final rule that includes a Federal
 mandate that may result in estimated
 costs to State, local, or tribal
 governments in the aggregate; or to the
 private sector, of $100 million or more
 Under Section 205, the EPA must select
 the least costly, most cost effective or
 least burdensome alternative that
 achieves the objectives of the  rule and
 is consistent with statutory
 requirements Section 203 requires the
 EPA to establish a  plan foi informing
 and advising any small governments
 that  may be significantly 01 uniquely
 impacted by the rule
  The EPA has determined that the
 action promulgated today does not
 include a Federal mandate that may
 result in estimated costs of $100 million
 or more to either State. local, or tribal
 governments in the aggregate, or to the
 private sector Therefore, the
 requirements of the Unfunded Mandates
 Reform Act do not apply to this action
 List of Subjects in 40 CFR Part 63

  Environmental protection. Air
 pollution control, Hazardous
 substances, Reporting and
 recordkeeping requirements.
  Dated  June 7, 1996
 Carol M  Browner,
 Administrator

  For the reasons set  out in the
 preamble, title 40, chapter I, part 63,
 subpart 11, of the Code of Federal
 Regulations is amended as follows

 PART 63—[AMENDED]

  1 The authority citation for part 63
continues to read as follows:
  Authority 42 U S C 7401,etseq
 Subpart II — National Emission
 Standards for Shipbuilding and Ship
 Repair (Surface Coating)

   2 Section 63.784 is amended by
 revising paragraph (a) to read as follows

 §63.784 Compliance dates.
   (a) Each owner or operator of an
 existing affected source shall comply
 within two years after the effective date
 of this subpart.
 *****
   3. Section 63 787 is amended b>
 revising paragraphs (b)(l)(ii) and (b)(4)
 and by removing and reserving
 paragraph (b)(2) to read as follows.

 §63.787  Notification requirements.
   (ii) Not later than one year after the
 effective date of this subpart. submit the
 implementation plan to the
 Administrator along with the
 notification required by §63 9(b)(2) 01
 (b)(5) of subpart A, as applicable
   (2) [Reserved!
 *****
   (4) Majoi sources that intend to
 become area sources b\ the compliance
 date Existing major sources that intend
 to become area souices by the December
 16, 1997 compliance date ma\  choose to
 submit, in lieu of the implementation
 plan required under paragraph (b)(l) of
 this section, a statement that, by the
 compliance date, the major source
 intends to obtain and comply with
 federally enforceable limits on their
 potential to emrt which make the
 facility  an area source
 *****

 (FRDoc  96-15439 Filed G 1 7- 9G. 8 4:. am]
 BILLING CODE 6560-50-P
40 CFR Part 63
[AD-FRL-5520-5]
RIN 2060-AF33

Hazardous Air Pollutant List;
Modification

AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule

SUMMARY: The EPA is amending the list
of hazardous air pollutants in Clean Air
Act Section 112(b)(l) by removing the
compound caprolactam (CAS No  105-
60-2) This rulemaking was initiated in
response to a petition to delete the
substance caprolactam which was filed
by AlliedSignal, Inc , BASF
Corporation, and DSM Chemicals North

-------
 66226   Federal Register / Vol. 61, No. 243  /  Tuesday, December 17, 1996 / Rules and Regulations
 (Authority 20 U S C 1145g)

   6 In §86 3 paragraphs (a) and (b) are
 amended by removing "for IHEs and
 §§ 86.200 and 86.201 for SEAs and
 LEAs".
   7 Section 86.4 is amended by
 removing "(a) 1HE drug prevention
 program certification " in paragraph (a)
 and by removing paragraphs (b) and (c).
   8. Section 86.6 is amended by revising
 the heading, removing ", SEA, or LEA"
 both times it appears in paragraph (a),
 both times it appears in paragraph
 (b)(l), and in paragraph (b)(2); and
 revising paragraph (b)(3) to read as
 follows

 § 86.6  When must an IHE submit a drug
 prevention program certification?
 *****

   (b) * * *
   (3) An IHE shall submit a request for
 an extension to the Secretary

 §86.7  [Amended]

   9 Section 86 7 is amended by
 removing paragraph (a), redesignating
 paragraphs (b) and (c) as paragraphs (a)
 and (b), respectively, by removing
 "Local educational agency" and "State
 educational agency" from the list of
 terms in redesignated paragraph (a), and
 by removing ", SEA, 01 LEA  both times
 it  appears in the definition of
 "Compliance agreement" in
 redesignated paragraph (b)

 Subpan C,— [Removed and Reserved]

   10  Subpart C is removed and
 reser ved

 Siibpurt D — IAniendedl

   11 The heading of Subpart D is
 amended by removing ", SEA, or LEA"

 §86.300 [Amended]

   12. Section 86.300 is amended by
 removing ",  SEA, or LEA" in the
 heading, the undesignated introductory
 text, and paragraph (b) introductory
 text, and by removing "or by an SEA or
 LEA under §§86.200(c) and 86.201 (a)"
 in paragraph (b)(2)
   13 The authority citation following
each section of the regulations is revised
to  read as follows
 (Authority 20 U S C 1145g)
 IFRDoc 96-31874 Filed 12-16-96.8 45 am]
BILLING CODE 4000-01-P
 ENVIRONMENTAL PROTECTION
 AGENCY

 40 CFR Parts 9 and 63

 [AD-FRL-5601-7J

 RIN 2060-AE02
 RIN 2060-AD98

 National Emission Standards for
 Hazardous Air Pollutants for Source
 Categories: Aerospace Manufacturing
 and Rework Facilities and Shipbuilding
 and Ship Repair (Surface Coating)
 Operations

 AGENCY: Environmental Protection
 Agency (EPA)
 ACTION: Final rule, correction.

 SUMMARY: This action corrects the
 National Emission Standards for
 Hazardous Air Pollutants (NESHAP) for
 Aerospace Manufacturing and Rework
 Facilities and Shipbuilding and Ship
 Repair (Surface Coating) Operations
 promulgated in the Federal Register on
 September 1, 1995 (60 FR 45948) and
 Decembet 15, 1995 (60  FR 64330),
 respectively  This action also announces
 that the Information Collection
 Requirements OCR) contained in the
 NESHAP for Shipbuilding and Ship
 Repair (Surface Coating) Operations
 have been approved by the Office of
 Management and Budget (OMB)
 EFFECTIVE DATE: December 1 7, ] 996.
 FOR FURTHER INFORMATION CONTACT:  For
 information on the aerospace
 manufacturing and rework facilities
 standard contact Mr James Szykman at
 (919) 541-2452. Emission Standards
 Division (MD-13),  IJ S  Environmental
 Protection Agency. Research  Triangle
 Park, North Carolina 27711 For
 information on the shipbuilding arid
 ship repair (surface coating) standard
 contact Di  Mohamed Serageldin at
 (919) 541-2379, Emission Standards
 Division (MD-13), U S  Environmental
 Protection Agency, Research  Triangle
 Park, North Carol'ina 27711
 SUPPLEMENTARY INFORMATION: The
 Administrator is invoking the "good
 cause" exception of the Administrative
 Procedures Act, 5 U S C. 553(b)(3)(B),
 which allows an agency to promulgate
 rules without notice or the opportunity
 for comment when  it finds that such
 procedures would be "impracticable,
 unnecessary. 01 contrary to the public
 interest " Following notice and
 comment procedures for this  rule would
 be unnecessary because the changes
effected  here are only minor corrections
that do not changes the intended effect
of the original rule  The Administrator
is also invoking the good cause
 provision to make this rule immediately
 effective upon its date of publication

 1  Shipbuilding and Ship Repair
 (Surface Coating)
   The NESHAP for shipbuilding and
 ship repair (surface coating) operations
 was promulgated in the  Federal
 Register on December 15, 1995 (60 FR
 64330) as subpart II of 40 CFR Part 63.
   The final rule contained (1) errors in
 numbering the incorporations by
 reference which were added to §63 14.
 (2) improper punctuation in
 §63.788(b)(3)(ii)(B), (3) a footnote to
 Table 2 of subpart II which incorrectly
 identified those coating  categories that
 were not given cold-weather
 allowances; and (4) inappropriate  use of
 the term "unaffected" major sources in
 §63 788(b)(l). This action corrects these
 portions of the final rule In addition,  it
 amends the table in 40 CFR Part 9 of 1CR
 control numbers issued by OMB for
 approved collections of information in
 certain EPA regulations  At the time of
 publication  of the final rule, the EPA
 did not have an approved 1CR control
 number to add to the table The OMB
 subsequently approved the 1CR for the
 final NESHAP, and the approved ICR
 control number (2060-0330) is being
 added to 40 CFR Part 9

 II Aerospace Manufacturing and
 Rework Facilities
   The  NESHAP for aerospace
 manufacturing and rework facilities was
 promulgated in the Federal Register on
 September 1, 1995 (60 FR 45948) A
 document of correction to the final rule
 was published in the Federal Register
 on February 9. 1996 (61 FR 4902) which
 corrected the deadline for existing
 sources to submit an initial notification
 to the Administrator
   The amendatory language for this
 final rule correction inadvertently
 referenced paragraph (a)(l) instead of
 referencing paragraph (a)(2) of Section
 63 753 The amendatory  language
 should have read. "Section 63.753 is
 amended by adding a new sentence to
 the beginning of paragraph (a)(2) as
 follows " This document includes the
 applicable language to make this
 correction

 Administrative Requirements

 I Paperwork Reduction Act
  The information collection
 requirements of the previously
 promulgated NESHAP were submitted
 to and approved by the Office of
 Management and Budget (OMB)  A copy
of the Information Collection Request
 OCR) documents (OMB number 1414 02
and 1687 01, for shipbuilding and

-------
         Federal Register / Vol.  61,  No. 243 / Tuesday, December 17, 1996 / Rules and  Regulations   66227
aerospace, respectively) may be
obtained from Sandy Farmer,
Information Policy Branch (PM-223Y),
U S. Environmental Protection Agency,
401 M Street, SW, Washington, DC
20460 or by calling (202) 260-2740.
  Today's changes to the NESHAP
should have no impact on the
information collection burden estimates
made previously.

n. Executive Order 12866 Review
  Under Executive Order 12866, the
EPA must determine whether the
proposed regulatory action is "not
significant" and therefore, subject to
OMB  review and the requirements of
the executive order. The Order defines
"significant" regulatory action  as one
that is likely to lead to 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 in
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 progiams 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.
  The Shipbuilding NESHAP
promulgated on December 15,  1995 was
determined to not be a "significant
regulatory action" under Executive
Order 12866  The Aerospace NESHAP
promulgated on September 1, 1995 has
been determined to be a "significant
regulatory action" undei Executive
Order 12866  The amendments issued
today do not add any additional control
requirements or costs Therefore, this
regulatory action does not affect the
previous decisions and is not
considered to be significant

///  Submission to Congress and the
General Accounting Office

  Under 5 U.S.C. 801 (a)(l)(A),  as added
by the Small Business Regulatory
Enforcement Fairness Act of 1996, the
EPA submitted a report containing this
rule and other required information to
the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the General Accounting
Office prior to publication of the rule in
today's Federal Register. This rule is
not a  "major rule" as defined by 5
USC 804(2)
TV. Unfunded Mandates

  Under Section 202 of the Unfunded
Mandates Reform Act of 1995, the EPA
must prepare a budgetary impact
statement to accompany any proposed
or final rule that includes a Federal
mandate that may result in estimated
costs to State, local, or tribal
governments in the aggregate, or to the
private sector, of $100 million or more.
Under Section 205, the EPA must select
the least costly, most cost-effective or
least burdensome alternative that
achieves the objectives of the rule and
is consistent with statutory
requirements. Section 203 requires the
EPA to establish a plan for informing
and advising any small governments
that may be significantly or uniquely
impacted by the rule.
  The EPA has determined that the
action promulgated today does not
include a Federal mandate that may
result in estimated costs of $100 million
or more to either State, local, or tribal
governments in the aggregate, or to the
private sector
  Therefore, the requirements of the
Unfunded Mandates Reform Act do not
apply to this action

List of Subjects

40 CFR Part 9

  Reporting and recordkeeping
requirements

40 CFR Pan 63

  Environmental protection. Air
pollution control. Hazardous
substances, Incorporation by reference.
Reporting and recordkeeping
requirements
  Dated August 22, 1996
Mary D Nichols,
Assistant Administrator for An and
Radiation
  For the reasons set out in the
preamble, Title  40, Chapter I of the Code
of Federal Regulations is amended as
follows.

PART 9—[AMENDED]

  1. The authority citation for part 9
continues to read as follows'
  Authority 7 U S.C. 135 et seq , 136-136y,
15 U.S C 2001, 2003, 2005, 2006, 2601-2671,
21 USC 331j,346a, 348, 31 USC 9701,33
US.C  1251 etseq, 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361,EO 11735, 38 FR 21243. 3 CFR,
1971-1975 Comp p 973, 42 U S C 241.
242b, 243, 246, 300f, 300g, 300g-l, 300g-2.
300g-3, 300g-4. 300g-5, 300g-6. 300j-l,
300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq ,
6901-6992K, 7401-7671q, 7542, 9601-9657,
11023, 11048
  2 Section 9.1 is amended by adding
the new entries under the indicated
heading to read as follows:

§ 9.1  OMB approvals under the Paperwork
Reduction Act
       40 CFR citation
OMB con-
 trol No
 National Emission Standards for Hazardous
    Air Pollutants for Source Categories3
63.5(d) 	  2060-0330
63.787 (aHb) 	   2060-0330
63788(a)-(c)	    2060-0330
  3 The ICRs referenced in this section of the
Table encompass the applicable general provi-
sions contained in 40 CFR Part 63, subpart A.
which  are not independent information collec-
tion requirements

PART 63—[AMENDED]

  3 The authority citation for Part 63
continues to read as follows
  Authority 42 U S C 7401, et seq
  4 Section 63 14 is amended by
redesignating paragraphs (b)(4) through
(b)(14) added on December 15, 1995 at
60 FR 64336 as paragraphs (b)(8)
through (b)(18)

Subpart GG—National Emission
Standards for Aerospace
Manufacturing and Rework Facilities

  5 Section 63.753 is amended  by
adding a new sentence to the beginning
of paragraph (a)(2) to read as follows

§63.753 Reporting requirements.
  (a)(l) * * *
  (2) The initial notification for existing
sources, required in §63 9(b)(2)  shall be
submitted no later than September  1,
1997
Subpart II—National Emission
Standards for Shipbuilding and Ship
Repair (Surface Coating) Operations

  6. Section 63.788 is amended to revise
the first sentence of paragraph (b)(l) as
follows:
§63.788  Recordkeeping and Reporting
Requirements.
*    *    *    *     *
  (b) * * *
  (1) Each ownei 01 operatoi of a major
source shipbuilding or ship repair
facility hav ing surface coating
operations with less than 1000 liters (L)
(264 gallons (gal)) annual marine

-------
 66228  Federal Register / Vol. 61, No  243  /  Tuesday,  December  17,  1996 / Rules and  Regulations
 coating usage shall record the total
 volume of coaling applied at the source
 lo ships * * '
 *****
   7  Table 2 to Subpart II of Part 63,
 footnote (e) is revised as follows
 *****
 Table 2 to Subpart II of Part 63.—
   Volatile Organic HAP (VOHAP)
   Limits for Marine Coatings
 *****
   These limits apply during cold-
 weather time periods, as defined in
 § 63 782. Cold-weather allowances are
 not given to coatings in categories that
 permit less than 40 percent volume
 solids (nonvolatiles) Such coatings are
 subject  to the same limits regardless of
 weather conditions
 *****
 [FRDoc  %  31344 filed 12- 1C-96. 8 45am]
 BILLING CODE 6560-50-P
FEDERAL COMMUNICATIONS
COMMISSION

47CFRPart73
[MM Docket No. 96-121: RM-8806 and RM-
8820]

Radio Broadcasting Services;
Forestville and Algoma, Wl
AGENCY: Federal Communications
Commission
ACTION: Final rule
SUMMARY: Action in this proceeding
allots Channel 271 -\ to Forestville,
Wisconsin, as that community's first
local set vice in response to a petition
filed In I \le Robert I:\ans d/b'a The
Radio Cornpam  S>r61 FR 30585, June
17. 199G 1 he coordinates for Channel
271 A Ht Forestville are 44-45-54 and
87-28 48 1 here is a site restriction 8 5
kilometers (5  3 miles)  north of the
community In response to the
counterproposal filed by WTRW.
Incorporated, we shall allot Channel
281A to Algoma, Wisconsin, without a
site restriction. The  coordinates for
Channel 281A are 44-36-18 and 87-26
12. Since Algoma and  Forestville are
both located within  320 kilometers (200
miles) of the U.S Canadian border,
concurrence of the Canadian
government has been obtained for both
channels With this  action, this
proceeding is terminated
DATES: Effective January 27, 1997  The
w, indow period for filing applications
for Channel 2271.A at Forestville.
Wisconsin, and Channel 281A at
Algoma. Wisconsin..will open on
January 27, 1997, and close on February
27,1997
 FOR FURTHER INFORMATION CONTACT:
 Kathleen Scheuerle, Mass Media
 Bureau. (202) 418-2180
 SUPPLEMENTARY INFORMATION: This is a
 summary of the Commission's Report
 and Order. MM Docket No 96-121,
 adopted December 6, 1996, and released
 December 13, 1996 The full text of this
 Commission decision is available for
 inspection and copying during normal
 business hours in the Commission's
 Reference Center (Room 239), 1919 M
 Street, NW. Washington, D C. The
 complete text of this decision may also
 be purchased from the Commission's
 copy contractors, International
 Transcription Services, Inc , 2100 M
 Street. N W., Suite 140, Washington.
 D C 20037,  (202) 857-3800

 List of Subjects in 47 CFR Part 73
  Radio broadcasting
  Part 73 of Title 47 of the Code of
 Federal Regulations is amended as
 follows

 PART 73—[AMENDED]

  1. The authority citation for Part 73
 continues to read as follovss
  Authoim Sees  303, 48 Stat . as amended.
 1082. 47 L''S C ] ;i4, as amended

 §73.202  [Amended]
  2 Section 73 202(b). the Table of FM
 Allotments under Wisconsin, is
 amended by adding Channel 281A at
 Algoma and b\ adding Forestville.
 Channel 271 A
 Federal Communications Commission
 John A Kai ousos
 Chief  \lluratioiis Brancl'i  Pohr\ and Rules
 I)i\ ision Vd.v> Media Buieau
 IFK  Dor  90-31937 Filed 12-16 96. 8 4 Sam 1
 BILLING CODE 6712-01-P
47 CFR Part 73
[MM Docket No. 96-37; RM-8765]

Radio Broadcasting Services; Sylvan
Beach, NY
AGENCY: Federal Communications
Commission
ACTION: Final rule.

SUMMARY: The Commission, at the
request of Michael S  Celenza, allots
Channel 262A to Sylvan Beach, NY. as
the community's first local aural
service  See 61 FR 10977, March 18,
1996 Channel 262A can be allotted to
Sylvan Beach in compliance with the
Commission's minimum distance
separation requirements without the
imposition of a site restriction, at
coordinates 43-11-47 NL, 75-43-51
WL Canadian concurrence in the
 allotment has been received since
 Sylvan Beach is located within 320
 kilometers (200 miles) of the U S
 Canadian border  With this action, this
 proceeding is terminated.
 DATES: Effective January 17, 1997 The
 window period for filing applications
 will open on January 17, 1997, and close
 on February 18, 1997
 FOR FURTHER INFORMATION CONTACT:
 Leslie K. Shapiro, Mass Media Bureau,
 (202) 418-2180
 SUPPLEMENTARY INFORMATION: This is a
 synopsis of the Commission's Report
 and Order, MM Docket No. 96-37,
 adopted November 22, 1996, and
 released November 29, 1996  The full
 text of this Commission decision is
 available for inspection and copying
 during normal business hours in the
 FCC Reference Center (Room 239). 1919
 M Street, NW. Washington. D C The
 complete text of this decision may also
 be purchased from the Commission's
 copy contractor, International
 Transcription Service, Iru  . (202) 857-
 3800, 2100 M Stieet, N W . Suite 140,
 Washington,  D C  20037
 List of Subjects in 47 CFR Part 73
  Radio bioadcasting
  Part 73 of Title  47 of the Code ol
 Federal Regulations is amended as
 follows

 PART 73—[AMENDED]

  1  The  authority citation for Part 73
 continues to read  as follows
  Authority Sees 303, 48 Stal ,  as amended.
 1082. 471/SC, 154, as amended

 §73.202  [Amended]
  2  Section 73 202(b), the Table of FM
 Allotments under  New York, is
 amended by adding Sylvan Beach.
 Channel 262A
 Federal Communications Commission
 John A Karousos,
 Chief. Allocations, Branch, Policy and Kules
 Division. Mass Media Bureau
 IFRDoc 96-31936 Filed 12-16-96, 8 45 ami
 BILLING CODE 6712-01-P
47 CFR Part 73
[MM Docket No. 95-175; RM-8707J

Radio Broadcasting Services; Ada,
Newcastle and Watonga, Oklahoma
AGENCY: Federal Communications
Commission
ACTION: Final rule

SUMMARY: The Commission, at the
request of Tyler Broadcasting
Corpoiation. reallots Channel 227C1

-------
                                        APPENDIX B
                                   GLOSSARY OF TERMS
     Terms used in the NESHAP and in this Guidebook are defined in the Clean Air Act (Act), or in this
section as follows:
     Add-on control system means an air pollution control device such as a carbon absorber or incinerator
that reduces pollution in an air stream by destruction or removal prior to discharge to the atmosphere.
     Affected source means any shipbuilding or ship repair facility having surface coating operations with
a minimum 1,000 liters (L) (264 gallons [gal]) annual marine coating usage.
     Air flask specialty coatinR means any special composition coating applied to interior surfaces of high
pressure breathing air flasks to provide corrosion resistance  and that  is certified  safe for use  with
breathing air supplies.
     Antenna specialty coating means any coating applied to equipment through which electromagnetic
signals must pass for reception or transmission.
     Antifoulant specialty coating means any coating that is applied to the underwater portion of a vessel
to prevent or reduce the attachment  of biological organisms and that  is registered with the EPA as a
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.
     As applied means the condition of a coating at the time of application to the substrate, including any
thinning solvent.
     As supplied means the condition of a coating before any thinning, as sold and delivered by the
coating  manufacturer to the user.
     Batch means the product of an individual production run of a coating  manufacturer's process. (A
batch may vary in  composition from  other batches of the same product.)
     Bitumens mean black or brown materials that are soluble in carbon disulfide, which consist mainly
of hydrocarbons.
     Bituminous resin coating means any coating that incorporates bitumens as a principal component and
is formulated primarily to be applied to a substrate or surface to resist ultraviolet radiation and/or water.
     Certify means,  in reference to the volatile organic compound (VOC) content  or volatile organic
hazardous air pollutant (VOHAP) content of a coating, to attest to the VOC content as determined through
analysis by Method 24 of appendix A  to part 60 of title 40 of the  Code  of Federal  Regulations

                                            Page B-l

-------
GLOSSARY OF TERMS           	^	APPENDIX B
(40 CFR 60) or through the use of forms and procedures outlined in Figure 5-2, or to  attest to the
VOHAP content as determined through an EPA approved test method. In the case of conflicting results,
Method 24 of Appendix A to 40 CFR Part 60 shall take precedence over the forms and procedures
outlined in Figure 5-2 for the options in which VOC is used as a surrogate for VOHAP.
     Coating means any material that can be applied as a thin layer to a substrate and which cures to form
a continuous solid film.
     Cold-weather  time period means any time during which the ambient temperature is below 4.5°C
(40°F) and coating is to be applied.
     Container of coating means the container from which the coating is applied, including but not limited
to a bucket or pot.
     Cure volatiles means  reaction products that are emitted during the chemical reaction which takes
place in some coating films at the cure temperature.   These emissions are other than those from the
solvents in the coating and may,  in some cases, comprise a significant portion of total VOC and/or
VOHAP emissions.
     Epoxy  means  any thermoset coating formed by reaction of an epoxy resin (i.e.,  a resin containing
a reactive epoxide with a curing agent).
     Exempt compounds  means  specified organic  compounds that  are not considered VOC  due to
negligible photochemical reactivity.  Exempt compounds are specified in 40 CFR §51.100(s).
     Facility means all contiguous or adjoining property that is under common ownership or control,
including properties that are separated only by a road or other public  right-of-way.
     General use coating means any coating that is not a specialty coating.
     Hazardous air pollutant (HAP) means any air pollutant listed in or pursuant to Section  112(b) of the
CAA.
     Heat resistant specialty coating  means any  coating  that during normal  use  must withstand a
temperature of at least 204°C (400°F).
     High-gloss specialty coating means any coating that achieves at least 85 percent reflectance on a 60
degree meter when tested by ASTM Method D-523.
     High-temperature specialty coating means any coating that during normal use must  withstand a
temperature of at least 426°C (800°F).
     Inorganic zinc (high-build) specialty coating means a  coating that contains 960 grams per liter (8
pounds per  gallon) or more elemental zinc incorporated into an inorganic silicate binder that is applied

                                           Page B-2

-------
APPENDIX B	GLOSSARY OF TERMS
to steel to provide galvanic corrosion resistance.  (These coatings are typically applied at more than 2 mil
dry film thickness.)
     Major  source  means  any  source  that  emits  or  has the  potential  to emit  in  the aggregate
9.1 megagrams per year (10 tons per year) or more of any HAP or 22.7 megagrams per year (25 tons
per year) or more of any combination of HAP.
     Maximum allowable thinning ratio means the maximum volume of thinner that can be added per
volume of coating without violating the applicable VOHAP limit (see Table 2-1).
     Military exterior specialty coating or Chemical  Agent Resistant Coatings ("CARC") means  any
exterior topcoat applied to military or U.S. Coast Guard vessels  that are subject to specific chemical,
biological, and radiological washdown requirements.
     Mist specialty coating means any low viscosity, thin film, epoxy coating applied to an inorganic zinc
primer that penetrates the porous zinc primer and allows the occluded air to escape through the paint film
prior to curing.
     Navigational aids specialty coating means any coating applied to Coast Guard buoys or other Coast
Guard waterway markers when they are recoated aboard ship at their usage site and immediately returned
to the water.
     Nonskid specialty coating means any coating applied to the horizontal  surfaces of a marine vessel
for  the specific purpose of providing slip resistance for personnel, vehicles, or aircraft.
     Nonvolatiles (or volume solids) means substances that do not evaporate readily.  This term refers
to the film-forming material of a coating.
     Normally closed means a container or piping system is closed unless an operator is actively engaged
in adding or removing material.
     Nuclear specialty coating means any protective coating used to seal porous surfaces such as steel (or
concrete) that otherwise would be subject  to intrusion by radioactive materials. These coatings must be
resistant to long-term (service life) cumulative radiation  exposure (ASTM D4082-83), relatively easy to
decontaminate (ASTM D4256-83), and resistant to various chemicals to which the coatings are likely to
be exposed (ASTM 3912-80). [For nuclear coatings, see the general protective requirements outlined by
the U.S.  Atomic Energy Commission in a report entitled "U.S Atomic Energy Commission Regulatory
Guide  1.54" dated June 1973, available through the Government Printing Office at (202) 512-2249 as
document number A74062-OOOOL]
                                           Page B-3

-------
GLOSSARY OF TERMS                                                            APPENDIX B
     Operating parameter value means a minimum or maximum value established for a control device
or process parameter that, if achieved by  itself or in combination with one or more other operating
parameter values, determines  that an owner  or  operator  has  complied with an applicable emission
limitation or standard.
     Organic zinc specialty coating means any coating derived from zinc dust incorporated into an organic
binder that contains more than 960 grams of elemental zinc per liter (8 pounds per gallon) of coating,
as applied, and that is used for the expressed purpose of corrosion protection.
     Pleasure craft means any  marine or fresh-water vessel used by individuals for noncommercial,
nonmilitary, and recreational purposes that is less  than 20 meters in length.  A vessel rented exclusively
to or chartered for individuals for such purposes shall be considered a pleasure craft.
     Pretreatment  wash  primer specialty  coating means  any coating that contains  a minimum  of
0.5 percent acid, by mass, and is applied only to bare metal to etch the surface and enhance adhesion of
subsequent coatings.
     Repair and maintenance of thermoplastic coating of commercial  vessels (specialty coating) means
any vinyl, chlorinated rubber, or bituminous resin coating that is applied over the same type of existing
coating to perform the partial  recoating of any in-use commercial vessel.  (This definition does not
include coal tar epoxy  coatings, which are considered "general use" coatings.)
     Rubber  camouflage specialty coating means any specially  formulated epoxy  coating used  as  a
camouflage topcoat for exterior submarine hulls and  sonar domes.
     Sealant  for thermal spray aluminum means any epoxy coating applied to thermal spray aluminum
surfaces at a maximum thickness of 1 dry mil.
     Ship means any marine or fresh-water vessel used for military or commercial operations, including
self-propelled vessels, those propelled by other  craft (barges), and  navigational aids  (buoys).   This
definition includes, but is not limited to, all military and Coast Guard vessels,  commercial cargo and
passenger (cruise) ships, ferries, barges, tankers, container ships, patrol and pilot boats,  and dredges.
Pleasure crafts and offshore oil and gas drilling platforms are not considered ships.
     Shipbuilding and ship repair operations means any building,  repair, repainting, converting, or
alteration of ships.
     Special marking  specialty coating means any coating that  is  used  for  safety or  identification
applications, such as markings  on flight decks and ships' numbers.
                                            Page B-4

-------
APPENDIX B	GLOSSARY OF TERMS
     Specialty coating means any  coating that is manufactured  and used for one of the specialized
applications described within this list of definitions.
     Specialty interior coating means any coating used on interior surfaces aboard U.S. military vessels
pursuant to a  coating specification that requires the  coating to meet specified fire retardant  and low
toxicity requirements, in addition to the other applicable military physical and performance requirements.
     Tack specialty coating means any thin film epoxy coating applied at a maximum thickness of 2 dry
mils to prepare an epoxy coating that has dried beyond the time limit specified by the manufacturer for
the application of the next coat.
     Thinner means a liquid that is used to reduce the viscosity of a coating and that evaporates before
or during the cure of a film.
     Thinning ratio means the volumetric ratio of thinner to coating, as  supplied.
     Thinning solvent:  see Thinner.
     Undersea weapons  systems specialty  coating means any coating applied to any component of a
weapons system intended to be launched or fired from under the sea.
     Volatile organic compound (VOC) means  any organic compound that participates  in atmospheric
photochemical reactions; that is, any organic compound other than those that the Administrator designates
as having negligible photochemical reactivity.  VOC is measured by a reference method, an equivalent
method, an alternative method,  or by procedures specified under any regulation.  A reference method,
an  equivalent method,  or  an  alternative method, however, may also measure  nonreactive  organic
compounds.  In such  cases,  any owner or operator may exclude the nonreactive organic compounds when
determining compliance  with a standard. For a  list of compounds that the Administrator has designated
as having negligible photochemical reactivity, refer to 40 CFR 51.00.
     Volatile organic hazardous air pollutant (VOHAP)  means any compound listed  in or pursuant to
section  112(b) of  the Act  that contains carbon, excluding metallic carbides and carbonates.  This
definition includes VOC listed as HAP  and exempt compounds listed as HAP.
     Weld-through preconstruction primer (specialty  coating) means a coating that provides corrosion
protection for steel during inventory, is typically applied at less than 1 mil dry film thickness, does not
require  removal prior to welding, is temperature resistant (burn back  from a weld  is less than 1.25
centimeters [0.5 inches]), and does not normally require removal before applying film-building coatings,
including inorganic zinc high-build coatings.  When constructing new vessels,  there may be a need to
                                           Page B-5

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GLOSSARY OF TERMS                                                         APPENDIX B
remove areas of weld-through preconstruction primer due to surface damage or contamination prior to
application of film-building coatings.
                                         PageB-6

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       APPENDIX C

LIST OF ESTIMATED NESHAP
MAJOR-SOURCE SHIPYARDS
         Page C-l

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                U.S. SHIPYARDS ESTIMATED TO BE NESHAP MAJOR SOURCES2
Type
Large Construction (6)
Large Repair (4)
Medium Construction (8)
Medium Repair
(17)
Shipyard
Jeffboat
Ingalls
NNS
General Dynamics
(Electric Boat)
Bath Iron Works
Avondale
West State, Inc."
Norshipco
Norfolk Naval
Portland Ship Repair
Equitable Yards (Halter Marine)
Moss Point Marine (Halter
Marine)
NASSCO
BethShip
McDermott Inc.
Bellinger
Gretna Machine (Halter Manne)
Platzer
Todd Shipyards
Lockport Shipyard (Halter
Manne)
Philadelphia Naval*
Northwest Marine11
Southwest Marine1
Southwest Manne
(San Francisco Drydock)c
Bender
Gunderson, Inc.
Tampa Shipyards
Madisonville (Halter Marine)
Bethlehem Steel
Halter Marine - Plant #84
Newpark
(4) Nonspecified
Location
Jeffersonville, IN
Pascagoula, MS
Newport News, VA
Groton, CT
Bath, ME
New Orleans, LA
Portland, OR
Norfolk, VA
Norfolk, VA
Portland, OR
New Orleans. LA
Escatawpa. MS
San Diego, CA
Sparrows Point, MD
Amelia, LA
Lockpon, LA
Harvey, LA
Houston, TX
Seattle, WA
Lockport, LA
Philadelphia. PA
Portland. OR
San Diego. CA
San Francisco, CA
Mobile, AL
Portland. OR
Tampa, FL
Madisonville, LA
Port Arthur, TX
???, LA
Houston, TX
971
Workforce
700
16,700
26,000
15,300
5,900
7,200
800
3,000
11,300
2,000
600
450
4,000
700
800
740
150
200
850
350
7,100
800
1.500
350
900
1.000
1,100
9
250
9
260
9
'Based on survey responses, Manne Log listing of U.S. Shipyards (June 1992), American Waterways Shipyard Conference (AWSC) handbook,
 comments from industry representatives, and State permit data.  (Also, see related memoranda to project file and project WAM: documents
 II-B-24, IV-A-05, 06, and 07 in shipbuilding docket No. A-92-11.)
'Per D. Austin's 10/27/96 comments, these facilities are closed/out-of-business.
cPer D. Austin's 10/27/96 comments, these facilities have been determined to be area sources.
                                                   Page C-2

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         APPENDIX D




EXAMPLE INITIAL NOTIFICATION
           Page D-l

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                        NATIONAL STEEL AND SHIPBUILDING COMPANY
                                    July 8,  1996

EPA Region IX
Director, Air  and Radiation Division
75 Hawthorne St.
San Francisco, CA 94105

RE:  40 CFR PART  63,  SUBPART II
               EmJgg-fon Standards for Shipbuilding and Ship Repair
               Costin)
Dear Sir:

This is to notify you that National Steel & Shipbuilding Co. at
Harbor Dr. and  28th St.,  San Diego, CA currently has a potential
to emit of hazardous air  pollutants (HAPs)  in amounts greater
than 25 tons per  year of  all combined HAPs and 10 tons per year
of an individual  HAP.   As a. result of our coating operations,
National Steel  &  Shipbuilding Co.  is,  therefore, classified as a
"major" source  for hazardous air pollutants and is subject to the
requirements of the National Emission Standards for Shipbuilding
and Ship Repair (Surface  Coating)  Maximum Achievable Control
Technology  (MACT) .   We understand that the new submittal date for
the implementation plan is December 16,  1996 and that the new
compliance date ie December 16,  1997.

Sincerely,

   7IONAL STEEL  &  SHIPBUILDING CO.
 5an Buell
Environmental  Engineering Specialist
HARBOR DRIVE AND 28TH STREET • SAN DIEGO, CA 92113 • P.O. BOX 85278 • SAN DIEGO, CA 92186-5278
             TELEPHONE (610) 544-3400 • TWX (910) 335-1250 • TELEX 695034
                              Page D-2

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                                  APPENDIX E

                       EXAMPLE IMPLEMENTATION PLAN
      The following "Shipyard MACT Implementation Plan" was prepared by Mr. Dana Austin of
Austin Environmental, Inc. for NSRP, Task Nl-92-2, Subtask 12.
                                     Page E-l

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AOK SHIPYARDS
The Best in the West
        SHIPYARD MACT
    IMPLEMENTATION PLAN
             April 1996
            Prepared for:
             John Smith
          US EPA Region XXX
            123 Elm Street
       Anytown, USA 98765-1234
               Page E-2

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AOK Shipyards Coating Compliance Plan                                      April, 1996

                           Table of Contents

1.     COATING COMPLIANCE PROCEDURES  	1
      1.0   COATING IDENTIFICATION AND CERTIFICATION	2
           1.0.1  Coating Identification  	2
           1.0.2  VOC or VOHAP Content Above Limit  	2
           1.0.3  Unknown VOC Content	3
           1.0.4  Container Inspection	3
      1.1   OPTION 1 and OPTION 4  	4
           1.1.1  Certification	4
           1.1.2  Notification  	4
      1.2   OPTION 2, OPTION 3 and OPTION 4	4
           1.2.1  Calculation of Thinning Ratios	4
           1.2.2  Notification  	7
           1.2.3  Paint Crew Daily Records  	7
           1.2.4  Thinner Group Designation "By Use"  	7
           1.2.5  Determination of Compliance  	8

2.     RECORD KEEPING PROCEDURES  	8

3.     TRANSFER, HANDLING, AND STORAGE PROCEDURES	9
      3.0   Work Practices	9
      3.1   Self-Inspection	10

APPENDIX A: FORMS	12
      PAINT CREW USAGE FORM	14
      CONTAINER COMPLIANCE FORM	15
      METHOD 24 TEST RESULTS FORM  	16

                                  PageE-3

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AOK Shipyards Coating Compliance Plan                                  April, 1996






     PAINT AND THINNER USAGE LOG 	17



     NO THINNING LABEL	18



     MAXIMUM ALLOWABLE THINNING LABEL	19



     CALCULATION SHEET (SIDE 1) FOR OPTIONS 2 AND 3  	20



     CALCULATION SHEET (SIDE 2)	22







APPENDDC B: MARINE COATING DATA SHEETS  	23



     VOC DATA SHEET  	24



      VOLATILE ORGANIC HAP (VOHAP) LIMITS FOR MARINE COATINGS . . 26



     SHIPYARD MACT MARINE COATING EXPRESSIONS AND EQUATIONS  . 27



     40 CFR 51.100 (s) - EXEMPT COMPOUNDS  	28







APPENDIX C: COATING DEFINITIONS  	29
                              PageE-4

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AOK Shipyards Coating Compliance Plan
                                                                   April, 1996
1.
COATING COMPLIANCE PROCEDURES
AOK Shipyards intends to implement the following option(s) in compliance with 40 CFR
§63:

         D  Option 1 - No thinning solvent added
         D  Option 2 - Thinning solvent added, Coating -by -coating compliance
         D  Option 3 - Thinning solvent added, Thinner group compliance
         D  Option 4 - Alternative test method (i.e., other than Method 24)

Our approach to ensure MACT compliance is to integrate the additional requirements into
existing work practices and to assign responsibilities to the appropriate organizational level in
the company.  Fig. 1-1 presents a cross reference matrix identifying organizational elements
and their involvement in MACT implementation.

                                       Fig. 1-1
                Organizations Performing MACT Compliance Activities












MACT Compliance
Activity
Option(s)

e
•+^
3
N
'£
fS
OO
1—


Purchasing
Receiving
Environmental

Paint Dept.
Paint Crew
00
£ o !
0) U i C

a>
&

c
All

X




o
o I '*=
o
.£• 'C
'S ; \s
o ' >-
u ' aj
CK: i u
All i All
1
1
X X
1
i

v>
C
0' C
c -5 -2
o .2 ; r>
'•3D aj
3 .U ' D.

2, 3 ; Ajj






oo
'x
s
i ' '•
i i
i j i
i
C ] i
.2 ! oo
"cQ ! ^ i Crt
t i I 1 1 ! I
< ; ctf ' pj f—
2' 3 ! All i All ' All ; All
&4 ; &4 \ i
; ; x ;
X XX
!
i : x • : . x • x i x

i Y ; : ' ' ; . x
A. j , ' 1 ; A. |
| i i x x ! x | ! x |
                                       Page E-5

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AOK Shipyards Coating Compliance Plan
April, 1996
1.0       COATING IDENTIFICATION AND CERTIFICATION (ALL OPTIONS)


1.0.1     Coating Identification
Coating identification will be made in conjunction with the existing normal business activities
required for the receipt of goods within the facility. Specifically, the warehouseman,
receiving clerk, paint foreman, or other designated person will be responsible for
determination of the coating category1 and VOHAP limit of each batch of coating received
into the facility.  This will be accomplished using information gathered from the company
purchase order, bills of lading, and/or coating container labels.  This information will be
recorded on the Coating Compliance Certification form.2
[This activity meets the requirements of 40 CFR §63.785(a)(l) and -(2)]


1.0.2     VOC or VOHAP Content Above Limit
For its specific coating category, any batch of coating with an identified VOC or VOHAP
content above the limit shown in the form will be rejected and returned to the supplier,
customer, or government.
[This activity meets the requirements of 40 CFR §63.783(a)]
Identification codes for the categories prescribed in 40 CFR §63.783 are as fo
Gl
SI
S2
S3
S4
S5
S6
S7
General use
Air flask
Antenna
Antifoulant
Heat resistant
High-gloss
High-temperature
Inorganic zinc high-build
S8
S9
S10
Sll
S12
S13
S14

Military exterior
Mist
Navigational aids
Nonskid
Nuclear
Organic zinc
Pretreatment wash pnmer

  Forms are located in Appendix A, Forms.
                                                        S15   Repair/ maintenance of thermoplastics
                                                        S16   Rubber camouflage
                                                        S17   Sealant for thermal spray aluminum
                                                        S18   Special marking
                                                        S19   Specialty interior
                                                        S20   Tack coat
                                                        S21   Undersea weapons systems
                                                        S22   Weld-through precon pnmer
                                         PageE-6

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AOK Shipyards Coating Compliance Plan                                              April, 1996

1.0.3    Unknown VOC Content
The Purchasing Supervisor will be notified if the VOC content of any batch of coating cannot
be identified.  At his discretion,  The Purchasing Supervisor may reject the batch and return it
to the supplier, customer, or government; or, provisionally accept the batch pending further
analysis using Method 24.  If Method 24 tests are performed, the test results will be
recorded on the  Method 24 Test Results Log form.
[This activity meets the  requirements of 40 CFR §63.783(a) and §63.788(b)(2)(vi)]

1.0.4    Container Inspection

We plan to use direct inspection of every equipment item (e.g., container, drum, vessel, vat,
tank, pipe, etc.) involved in coating application to determine its integrity (see Section  3.1,
Self Inspection).  As applied to coating identification and certification, this involves at least
receiving personnel, the Paint Shop Foreman, the Paint Crew Lead Men, and the
Environmental personnel.
[This activity meets the  requirements of 40 CFR §63.783(b)]

The warehouseman, receiving clerk, paint foreman, or other designated person will be
responsible for inspecting the containers as received and completing the Container
Compliance form for the receiving activity.  Leaking containers or equipment will be
identified and handled according to company spill handling procedures.  The paint shop
personnel will reinspect containers delivered for each day's activities, and inspect paint
mixing, handling, and application equipment items.  Any discrepancies will be reported to
the Paint Shop Foreman, who will alert the spill response teams and/or maintenance crews to
take appropriate action.

We will  document these findings on the Container Compliance form, which will serve as a
permanent record of ongoing inspections.
[This activity meets the  requirements of 40 CFR §63.788(b)(2)(vi)]
                                        Page E-7

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AOK Shipyards Coating Compliance Plan                                             April, 1996
1.1      OPTION 1 and OPTION 4
1.1.1    Certification
The Paint Department foreman, leadman, or supervisor will certify VOC (VOHAP) content
"as-applied" prior to application of the work site using the Coating Compliance Certification
form.  This form will be returned to the Paint Department clerk, foreman, or supervisor at
the end of the work shift.
[This activity satisfies  the requirements  of 40 CFR §63.785(c)(!)(!)]

Additionally, the volume of coating applied during the shift will be recorded by the paint
crew  foreman at the end of the work shift using the Paint Crew Usage form.  Likewise, this
form  will be returned to the Paint Department clerk, foreman, or supervisor at the end of the
work shift for recording in the Paint and Thinner Usage Log.

1.1.2    Notification
The Paint Department clerk, foreman, or company Environmental manager will maintain
MACT compliance by notification of painters of the designated thinners by use of labels.
The  "No Thinning" label, will be used for this purpose.  Alternatively, when use of labels  is
not practical or warranted,  paint department gang box meetings, held prior to each work
shift, will be used to notify painters that no thinning is allowed.
[This activity  satisfies the requirements of 40 CFR §63.785(c)(l)(ii)]
                                        PageE-8

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AOK Shipyards Coating Compliance Plan                                              April, 1996
1.2      OPTION 2, OPTION 3 and OPTION 4
1.2.1    Calculation of Thinning Ratios
The Paint Department clerk,  foreman, or environmental manager will maintain MACT
compliance by preparing required information on marine coatings to ensure compliance with
MACT standards, including
         (I) VOC Data Sheets, and
         (ii) Thinning Ratio Calculations

The VOC Data Sheet, will be used to record the properties of marine coatings or thinners
"As-Supplied."   Note that this form accounts for exempt compounds and cure volatiles
omitted from the VOC Data  Sheet when the MACT  was published, but necessary  to complete
the calculations.  The VOC Data Sheet and attachments are provided as Appendix B.

Thinning ratio calculations will be completed before the application of each batch, using the
equation 1,  as provided in the MACT:
    FOR OPTION 2 and OPTION 3:
           where:
              R  =   Maximum allowable thinning ratio for a given batch
                     (L thinner/L coating as supplied);
              Vs  =   Volume fraction of solids in the batch as supplied
                     (L solids/L coating as supplied);
      VOHAP limit =   Maximum allowable as-applied VOHAP content of the coating (g VOHAP/L solids);
            mvoc =   VOC content of the batch as supplied,  [g VOC (including cure volatiles and exempt
                     compounds on the HAP list)/L coating (including water and exempt compounds) as
                     supplied];
              D,,, =   Density of the thinner (g/L).
                                         PageE-9

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AOK Shipyards Coating Compliance Plan                                              April, 1996
FOR OPTION
where:
R =
vs =
VOHAP limit =
mVOHAP =
DthfVOHAP) =
4:

Maximum allowable thinning ratio for a given batch
(L thinner/L coating as supplied);
Volume fraction of solids in the batch as supplied
(L solids/L coating as supplied);
Maximum allowable as-applied VOHAP content of
the coating (g VOHAP/L solids);
VOHAP content of the batch as supplied, [g VOHAP
(including cure volatiles and exempt compounds on
the HAP list)/L coating (including water and exempt
compounds) as supplied];
Average density of the VOHAP thinner(S) (g/L).
Thinning Ratio Calculation Sheets for both Options 2 and 3, and Option 4 are provided in
Appendix B.

Note: If Vs  is not supplied directly by the coating manufacturer,  Vs both Option 2 and
Option 3, and Option 4 calculations will be determined using equation 2 as given by the
MACT:
                                    V  = l  -  myolatiles                             Eqn.
                                                D
                                                 avg
              where:
          mvoiatiies  =   Total volatiles in the batch, including VOC, water, and exempt
                      compounds (g/L coating), and
             D    =   Average density of volatiles hi the  batch (g/L).
                                        Page E-10

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AOK Shipyards Coating Compliance Plan                                              April, 1996

1.2.2    Notification
The Paint Department clerk, foreman, or company Environmental manager will maintain
MACT compliance by notification of painters of the designated thinners by use of labels.
The "Maximum Allowable Thinning Ratio" label, will be used for this purpose.
Alternatively, when use of labels is not practical or warranted, paint department gang box
meetings, held before each work shift, will be used to notify painters that no thinning is
allowed.
[This activity satisfies the requirements of 40 CFR §63.785(c)(2)(ii) and -(3)(ii)]

1.2.3    Paint Crew Daily Records
The paint crew foreman, leadman, or supervisor will be responsible for recording the
ambient temperature, the actual volumes used for each coating, the total allowable thinner
volume, and the actual volume of thinner used. This form will be returned to the Paint
Department clerk, foreman,  or supervisor  at the end of the work shift for recording in the
Paint and Thinner Usage Log.
[This activity meets the requirements of 40 CFR §63.785(c)(2)(iii), and -(3)(iii)]

1.2.4    Thinner Group Designation "By Use"
The coatings grouped with a particular thinner will be determined "by use," i.e., if a thinner
is used with a particular coating during the monthly reporting period, then that coating has
been "designated" to that thinner group.
[This activity meets the requirements of 40 CFR §63.785(c)(3)(I)]
                                       Page E-ll

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AOK Shipyards Coating Compliance Plan                                               April, 1996

1.2.5    Determination of Compliance
At the end of each calendar month, the Paint Department clerk will provide the master
coating and thinner usage log to the designated responsible person, who will determine
compliance for that period.   MACT compliance determination under Options 2 and 3 will be
completed  for the previous month by the 15th day of each month.  The data will be evaluated
using Equation 3 of the Rule, as follows:

                         V* - E C* * n>,  - E (Rco* ^ Vb_co^                  Eqn.
                               1=1             j=i
              where:
            Vtf,  =  Total allowable volume of thinner for the previous month (L thinner);
            Vb  =  Volume of each batch, as supplied and before being thinned, used during non-cold-
                   weather days of the previous month (L coating as supplied);
                =  Maximum allowable thinning ratio for each batch used during cold-weather days
                   (L thinner/L coating as supplied);
                =  Volume of each batch, as supplied and before being thinned, used during cold-
                   weather days of the previous month (L coating as supplied);
             I  =  Each batch of coating; and
              n =  Total number of batches of the coating.

[This activity meets the requirements of 40  CFR §63.785(c)(2)(iii), -(2)(iv), -(2)(v), -(2)(vi),
                     i), and -(
 2.        RECORD KEEPING PROCEDURES

 The Paint Department clerk, foreman, and environmental manager will maintain all MACT
 compliance RECORD KEEPING information, including the information listed below, as
 required for each Option used during the reporting period.   Records will be maintained for
 five years.  Reporting will be provided before the 60th day following completion of each 6-
 month period after the compliance date.  (Note: Some RECORD KEEPING items are not
 reported.)
                                        Page E-12

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AOK Shipyards Coating Compliance Plan                                           April, 1996

   BASIC CHECKLIST
      n  Initial Notification Documentation *
      n  Approved Implementation Plan *
      D  Volume of Low-Usage -Exempt Coatings by Month
      D  Identification of coatings used, EPA categories, and VOHAP limits
      D  Certification of As-Supplied VOC Content for each Batch of Coating *
      n  Determination whether containers meet standard §63.783(b)(2)
      D  Results of Method 24  or other approved measurements on individual containers
OPTIONS 1 & 4 2 & 4
D
D
D


n
n
n
n
n
n
Certification of As-Applied VOC content by Batch * X
Volume of each coating applied X
Thinner Density and Vol Fraction Solids for each
X
Batch*
Maximum Allowable Thinner Ratio for each Batch X
Volume Used of each Batch, (As-Supplied) X
Cold weather dates and tunes X
Total Allowable Volume of thinner X
Actual Volume of thinner X
ID of coating groups/thinner
3 &4



X

X
X
X
X
X
X
*  Maintained on site but not reported.
[This activity satisfies the requirements of 40 CFR §63.788]

3.       TRANSFER, HANDLING, AND STORAGE PROCEDURES
Our company management policy takes a proactive role in the development of measures to
minimize the likelihood for air pollution.  We therefore develop procedures, practices,  and
equipment on an ongoing basis. The sections below discuss our policy with respect to  work
practices, and to self-inspection, respectively.
                                     Page E-13

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AOK Shipyards Coating Compliance Plan                                              April, 1996


3.0       Work Practices

Regarding the transfer and handling of VOHAP-containing materials in a way that minimizes
spills, the following elements of our policy are of particular relevance:

     (1)   Maintain a neat and orderly work environment including storing
           hazardous materials and wastes in a way that minimizes the potential
           for accidental releases.

     (2)   Keep lids on liquid volatile material containers when not directly in
           use.

     (3)   Practice clean up procedures to ensure  that accidentally spilled
           solvents and paints are cleaned-up immediately.

     (4)   Store solvent contaminated rags, cloths, and materials in a covered
           container.

     (5)   Keep drums closed when not in use and equip drums with tight-fitting
           lids.

     (6)   Use funnels when filling and replace the cap covering the hole once
           filling is completed  (or replace the funnel's lid, if used).

     (7)   Dispose of  solvent-wipe rags immediately in a covered container.

     (8)   Apply the volatile solvents directly to the rag and avoid spraying
           solvent directly on the surface.

     (9)   Avoid the use of VOCs for surface preparation whenever possible
           (i.e., substitute aqueous cleaners where possible).

     (10)  Maintain paint guns and pots to minimize the potential for leaks and
           improper spraying.  (See also  section 3.1, Self-Inspection, below.)

     (11)  Clean lines or paint guns in a  closed system to capture solvents.

     (12)  Provide containment for VOC-containing material storage areas.

     (13)  Perform mixing and transfer operations only in designated areas  with
           containment.

 [This activity meets the requirements  of 40 CFR §63.783(b)(l)]


                                         Page E-14

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AOK Shipyards Coating Compliance Plan                                              April, 1996

3.1  Self-Inspection
Our facility policy already prescribes reactions to malfunctions and/or leaks both by
maintenance crews and by spill response teams. There are existing notification protocols to
alert the appropriate response organization.  Effectively, we use self-inspection of every
equipment item (e.g., container, drum, vessel, vat, tank, pipe, etc.)  involved in coating
application to determine its integrity. This strategy is executed for every activity and every
organizational level associated with coating materials and thinning solvents, from initial
receipt within the facility to final application.
[These policies and procedures meet the requirements of 40 CFR §63.783(b)(2).]

For compliance with MACT RECORD KEEPING requirements, we plan to document
container self-inspection findings on the Container Compliance Form. This form will serve
as a permanent record, and will be maintained for a minimum of 5 years.
[This activity assures compliance with 40 CFR §63.788(b)(2)(vi).]
                                        Page E-15

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Attachment A: FORMS
        Page E-16

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    A-OK SHIPYARDS COATING COMPLIANCE CERTIFICATION

                  n  AS SUPPLIED           nAS APPLIED
ID
A.
B.
c.
D.
E.
F.
Item
Coating
Coating Manufacturer
Batch Identification
Supplied By
VOC Content
Description
Name/ Identification
Name
Count/Volume
Source (check one)
Concentration, g/L
Source (check one)
Coating Category iCode Description
(check one below)
Data



D Customer
n Manufacturer
D Government

D Batch test data (M-24)
D VOC Data Sheet
VOC Limit,
grams/liter coating
     j General
     .' Specialty
ID Gl  General use
D SI   Air flask
                        iDS2   Antenna
                         DS3
       Antifoulant
                        1QS4    Heat resistant
                        |QS5   High-gloss
                        |DS6   High-temperature
                        IQS7    Inorganic zinc high-build
                        JDS8    Military exterior
                        inS9   Mist
                        JDSIO   Navigational aids
                         QSll    Nonskid
                         DS12   Nuclear
                                                                   340
                                                                   340
                                                530
                                                                   400
                                                420
                                                420
                                                500
                                                340
                                                340
                                                610
                                                550
                                                340
                                                420
DS13
DS14
Organic zinc
Pretreatment wash primer
360
780 i
                        JDS15   Repair/ maintenance of thermoplastics
                                                550
                        !DS16   Rubber camouflage
                                                340
                        'PS 17   Sealant for thermal spray aluminum
                                                610
                        •nS18   Special marking
                                                490
                        |DS 19   Specialty interior
                                                340
                         DS20   Tack coat
                        JDS21    Undersea weapons systems
                                                610
                        ICJS22
       Weld-through precon. primer	
       this product is less than or equal to the
                                                340
                                                                   650
! G.
I certify that the VOC content of
content for its applicable coating category
Signed	
allowable federal VOC
                                                      Date
                                       Page E-17

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       A-OK SHIPYARDS PAINT CREW USAGE FORM
                      MONTH OF	
 JOB ID
CREW ID
DATE
Requirement
MACT
Activity
COATING
(Complete
Before Work)
THINNER
(Complete
Before Work)
MIXING
CERTIFICATION
Item"'
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(21)
(22)
Description
Mfg. Name
ID
Batch
EPA Category (Note 1)
VOC Limit
Manufacturer's Name
ID
Mix Ratio, Normal
Mix Ratio, Cold
Actual Coating Volume
Allowable Thinner Vol,
Normal
Allowable Thinner Vol, Cold
Actual Thinner Volume
Temperature <40«F (Y/N)
Actual Temp (°F)
Final Volume (Note 2)
Volume Applied
Date
By
Value



















Note 1: EPA Coating Categories are identified below:
General
Gl  General Use
Specialty
SI  Air flask
S2  Antenna
S3  Antifoulant
S4  Heat resistant
S5  High-gloss
S6  High-temperature
                       S15  Repair/ maintenance of
                           thermoplastics
                       S16  Rubber camouflage
                       S17  Sealant for thermal spray
                           aluminum
                       SI8  Special marking
                       S19  Specialty interior
                       S20  Tack coat
                       S21  Undersea weapons systems
 From Paint and Thinner Usage Log
                                   Page E-18

-------
S7   Inorganic zinc high-                                          S22  Weld-through precon. primer
     build                                                        Note 2: (16) = (10) + (12)
S8   Military exterior
S9   Mist
S10  Navigational aids
Sll  Nonskid
S12  Nuclear
S13  Organic zinc
S14  Pretreatment wash
     primer
                                              Page E-19

-------
   >;
BC  C
4
eference
Drawing
ent
3
Equi
ID/No

 §
                           Page E-20

-------
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Page E-21

-------
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                                        Page E-22

-------
NO THINNING LABEL
       THINNING
       In compliance with 40 CFR Part 63.785.
       Contact Paint Foreman or
              Page E-23

-------
Maximum Allowable Thinning Label
                I^^^^^^^B^H^^l^^^^^^HMMMB^^^^^^MHV^^^^^^^^HMMM^H^^^^^H^^
                Maximum Allowable
                    Thinning Ratio
            IRatio
(Normal (;> 40 °F)
Cold « 40 °F)
            (Thinner
USE NO SUBSTITUTES (1)
Mfg. Name      	
Product ID
Use no more than	
per gallon paint.
                                       gal thinner
               In compliance with 40 CFR Part 63.785.
               Contact Paint Foreman or
                           Page E-24

-------
         MARINE COATING ALLOWABLE THINNING RATIO
      CALCULATION SHEET (SIDE 1) FOR OPTIONS 2 AND 3
     Coating
                                  Batch Number
                                      Manufacturer
                                      ID
                                      Category
 B
Thinner
Manufacturer
                                      ID
Step
Instructions (Use VOC data collection sheet for this batch of coating)
                                 Calculations
     Enter Vs the volume fraction solids in the batch, as supplied, (liter
     solid/ liter coating) on lines la and Ib.
                                                           la
                                       Ib
     Enter VOHAP LIMIT, for normal and for cold operation, based on
     the coating category (see side 2)
                                                            t > 4.5°C     t < 4.5°C
                                                           2a            2b
     Multiply line la times line 2a and enter the results on line 3a.
     Multiply line Ib times line 2b and enter the results on line 3b.
                                                           3a
                                       3b
     Calculate Mm the VOC Content of the Batch
        Enter Method 24 Mv, mass fraction Total
        Volatiles.                                4.1

        Enter Mw the mass fraction Water.           4.2
        Subtract line 4.2 from line 4.1, enter         4.3
        difference.
        Enter Dc the Coating Density, grams/liter.    4.4
        Multiply line 4.3 times line 4.4, enter result on
        lines 4a and 4b.
                                                                4a
                                                                         4b
     Subtract line 4a from 3a and enter results on line 5a.  Subtract line
     4b from 3b and enter result on line 5b.  STOP if negative. See
     Supervisor.
                                                           5a
                                       5b
     Enter Z)rt the Thinner Density, grams/liter, on lines
     6a and 6b.
                                                                6a
                                                                         6b
     Divide line 5a by line 6a and enter result on line 7a
     . Divide line 5b by line 6b and enter result on line
     7b.
                                                           7a
                                       7b
                                        Page E-25

-------
A
B
Coating
Thinner
Batch Number
Manufacturer
ID
Category
Manufacturer
ID
                                              gallons thinner per gallon coating for normal
   8    Enter line 7a: Use no more than
temperatures.
        Enter line 7b: Use no more than	gallons thinner per gallon coating for cold
temperatures.
                                           Page E-26

-------
MARINE COATING ALLOWABLE THINNING RATIO
      CALCULATION SHEET (SIDE 1) FOR
                OPTIONS 4
A
B
Coating
Thinner
Batch Number
Manufacturer
ID
Category
Manufacturer
ID

Step
1
2
3
4
5
6
7
8
Instructions (Use VOC data collection sheet for this batch of coating) Calculations
Enter Vs the volume fraction solids in the batch, as supplied, (liter
solid/ liter coating) on lines la and Ib. la % Ib %

Enter VOHAP LIMIT, for normal and f
the coating category (see side 2)
Multiply line la times line 2a and enter
Multiply line Ib times line 2b and enter
Enter the VOHAP content, grams/liter,
4b.
Note: VOHAP content was determined
method:

or cold operation, based on t > 4.5°C t < 4.5°C
2a 2b

the results on line 3a.
the results on line 3b. 3a 3b

of the batch on lines 4a and
4a 4b
using EPA approved test
Subtract line 4a from 3a and enter results on line 5a. Subtract line
4b from 3b and enter result on line 5b. STOP if negative. See 5a 55
Supervisor.
Enter Drtw,Aop the average Density of the
grams/liter, on lines 6a and 6b.

VOHAP Thinners,
6a 6b

Divide line 5a by line 6a and enter result on line 7a RN Rc
. Divide line 5b by line 6b and enter result on line 7a 7b
7b.
Enter line 7a: Use no more than
temperatures.
Enter line 7b: Use no more than
temperatures.

gallons thinner per gallon coating for normal
gallons thinner per gallon coating for cold

                  Page E-27

-------
          MARINE COATING ALLOWABLE THINNING RATIO
                      CALCULATION SHEET (SIDE 2)
Coating
General
Specialty
1
Category:
Gl General use
SI Air flask
S2 Antenna
S3 Antifoulant
S4 Heat resistant
S5 High-gloss
S6 High-temperature
S7 Inorganic zinc high-build
S8 Military exterior
S9 Mist
S10 Navigational aids
Sll Nonskid
S12 Nuclear
S13 Organic zinc
S14 Pretreatment wash primer
SI 5 Repair and maintenance of thermoplastics
S16 Rubber camouflage
S17 Sealant for thermal spray aluminum
S18 Special marking
S19 Specialty interior
S20 Tack coat
S21 Undersea weapons systems
S22 Weld-through precon. primer
VOHAP limits
grams/liter solids
t Ss 4.5°C
571
571
1,439
765
841
841
1,237
571
571
2,235
1,597
571
841
630
11,095
1,597
571
2,235
1,178
571
2,235
571
2,885
t < 4.5°C
728
728
-
971
1,069
1,069
1,597
728
728
-
-
728
1,069
802
-
-
728
-
-
728
-
728
-
Note: To convert from g/L to Ib/gal, multiply by (3.785 L/gal)(l/453.6 Ib/g) or 1/120. For compliance
     purposes, metric units define the standards.

Note: Cold-weather allowances are not given to coatings in categories that permit over a 40 percent VOHAP
     content by volume.  Such coatings are subject to the same limits regardless of weather conditions.
                                      Page E-28

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   Attachment B:
MARINE COATING
  DATA SHEETS
       Page E-29

-------
 PROPERTIES OF THE MARINE COATING OR THINNER "AS SUPPLIED" BY THE MANUFACTURER

Manufacturer:	      Product Identification:	

Is this product a coating or thinner? COATING	THINNER	

      If product is a coating or paint please provide the information in the box below and provide all
      information for Items A though J below:
    MACT Coating Category:   General  Use	 or  Specialty Coating
    If  Coating is a  Specialty  Coating please list the  specific Category
    type(s) below.(Use attached list  of marine  coating specialty categories):
      If the product is thinner or reducer, please provide the information requested in Items D though J
      below:


Properties of the coating or thinner as supplied to the customer:

A.    Coating Density:  (Dc)	g/L    [  ] ASTM D1475-90   [  ] Other

B.    Total Volatiles:   (Mv)	Mass Percent   [ ] ASTM D2369-93  [ ] Other

C.    Cure Volatiles Content:  (Ccv)	g/L   [  ] Calculated   [ ] Other
D.    Organic Volatiles: (M0)  	Mass Percent  [ ] Calculated   [  ] Other

E.    Water Content:

      1. (Mw)	Mass Percent [ ] ASTM D3792-91  [  ] ASTM D4017-90 [ ] Other

      2. (Vw)	Volume Percent  [  ] Calculated   [  ] Other

F.    Exempt Compounds Content: (Cex)	g/L  [ ] Calculated  [ ] Other

G.    Nonvolatiles: (Vs)	Volume  Percent  [  ] Calculated   [ ] Other

H.    VOC Content (VOC):

      1.	  g/L solids (nonvolatiles)

      2.	 g/L coating (less water and exempt compounds)

I.     Thinner Density: (Dth)	g/L  ASTM	 [  ]  Other


                                         Page E-30

-------
J.      Coating Speciation: Provide the percentage of each chemical component of this coating or thinner. (If
       only a percentage range can be supplied, the range mean will be used to calculate VOC and HAP
       emissions.)  This information is not required for compliance with the shipyard MACT, however other
       federal and/or state environmental regulations require this data.  By providing this information now it
       will avoid the possibility that the  shipyard will make redundant requests for the data in the future.

COATING OR  THINNER COMPONENT                       MASS PERCENTAGE
Nonvolatile Components. Water and Exempt Compounds
1.	                                       	
2.	                                       	
3.	                                       	
4.	                                       	
5.	                                       	
6.	                                       	
7.	                                       	
8.	                                       	
9,
10.
Organic Volatile Components:
1.	
2.	
3.	
4.	
5.	
6.	
7.	
8.	
9.
 10.
 Signed:	                               Dated:
 -English units in the original submittal were deleted to conform with Appendix A in the final regulation
  (60 FR 64330).
                                             Page E-31

-------
Shipyard MACT Marine Coating Expressions and Equations
Fraction
Organic
Aqueous
Solid
"Cure-Volatiles"

A
B*
C
D
E,
E:
F
G
H,*
H/
I
Dc
MT
ccv
*V
*w
vw
cex
V8


DTH
Constituents Volume Expression
Volatile Organic Compounds Vvoc
Exempt-Volatiles VE
Water Vw
Non-Volatiles Vs
Reaction Volatiles
Coating Property
Coating Density
Total
Cure
Volatiles (mass percent)
Volatiles Content
Organic Volatiles (mass percent)
Water Content (mass percent)
Water Content (volume percent)
Exempt Compounds
Content"""
Nonvolatiles (volume percent)
voc
Content (nonvolatiles)
VOC Content (less water &
exempt compounds)
Thinner Density
Mass Expression
MVOC
ME
Mw
Ms
Mc
Expression
EM, / EV,
(Myoc + ME + Mw + Mc ) / EM,
Mc / EV,
(Mv + ME) / EM,
Mw / E M,
Vw / EV,
ME / EV,
Vs / EV,
(Mvoc ) / Vs
(Mvoc ) / (Vs + Vvoc)
EM, / EV,
Units
grams/liter
%
grams/liter
%
%
%
grams /liter
%
grams/liter
grams/liter
grams/liter
'Edited to conform with 60 FR 64330 symbols

 Acetone was recently identified to have a low photochemical reactivity, as a result it was
added to the list of "exempt" compounds.  When Method 24 in 40 CFR Part 60 was
published, acetone was considered a VOC.  Therefore, the method that will be used to
determine the acetone content in a coating should be specified.  This is also applicable to any
new addition to the list of exempt compounds, unless an EPA approved test method already
exists.
                                     Page E-32

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             VOLATILE ORGANIC HAP (VOHAP) LIMITS FOR MARINE COATINGS
Coating Category
General use
Specialty
Air flask
Antenna
Antifoulant
Heat resistant
High-gloss
High-temperature
Inorganic zinc high-build
Military exterior
Mist
Navigational aids
Nonskid
Nuclear
Organic zinc
Pretreatment wash primer
Repair and maint. of thermoplastics
Rubber camouflage
Sealant for thermal spray aluminum
Special marking
Specialty interior
Tack coat
Undersea weapons systems
Weld-through precon. primer
VOHAP limits'-"-'
grams/liter
coating (minus
water and exempt
compounds)
340
—
340
530
400
420
420
500
340
340
610
550
340
420
360
780
550
340
610
490
340
610
340
650
grams/liter solidsd
t > 4.5°C
571
—
571
1,439
765
841
841
1,237
571
571
2,235
1,597
571
841
630
11,095
1,597
571
2,235
1,178
571
2,235
571
2,885
t < 4.5°Ce
728
—
728
—
971
1.069
1.069
1.597
728
728
	
—
728
1.069
802
—
„
728
—
—
728
—
728
-
aThe limits are expressed in two sets of equivalent units. Either set of limits may be used for the
  compliance procedure described in §63.785(c)(l), but only the limits expressed in units of g/L solids
,  (nonvolatiles) shall be used for the compliance procedures described §63.785(c)(2)-(4).
DVOC (including exempt compounds listed as HAP) shall be used as a surrogate for VOHAP for those
  compliance procedures described in §63.785(c)(l)-(3).
cTo convert from g/L to Ib/gal, multiply by (3.785 L/gal)(l/453.6 Ib/g) or 1/120.  For compliance
 .purposes, metric units define the standards.
"VOHAP limits expressed in units of mass of VOHAP per volume of solids were derived from the
  VOHAP limits expressed in units of mass of VOHAP per volume of coating assuming the coatings
  contain no water or exempt compounds and that the volumes of  all components within a coating are
  additive.
eThese limits apply during cold-weather time peri9ds, as defined in §63.782. Cold-weather allowances
  are not given to coatings in categories that permit over a 40 percent VOHAP content by volume.  Such
  coatings are subject to the same limits regardless of weather conditions.
                                           Page E-33

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40 CFR 51.100 (s) - Exempt Compounds

(s) Volatile organic compounds (VOC) means any compound of carbon, excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in
atmospheric photochemical reactions.

  (1) This includes any such organic compound other than the following, which have been determined to have
negligible photochemical reactivity:

acetone;
methane;
ethane;
methylene chloride (dichloromethane);
1,1,1-trichloroethane (methyl chloroform);
1,1, l-trichloro-2,2,2-trifluoroethane (CFC-113);
trichlorofluoromethane (CFC-11);
dichlorodifluoromethane (CFC-12);
chlorodifluoromethane (CFC-22);
trifluoromethane (FC-23);
1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);
chloropentafluoroethane (CFC-115);
1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);
1,1,1,2-tetrafluoroethane (HFC-134a);
1,1-dichloro 1-fluoroethane (HCFC-141b);
1-chloro  1,1-difluoroethane (HCFC-142b);
 2-chloro-l, 1,1,2-tetrafluoroethane (HCFC-124);
pentafluoroethane (HFC-125);
l,l,2,2-tetrafluoroethane(HFC-134);
1,1,1-trifluoroethane (HFC-143a);
1,1-difluoroethane (HFC-152a);
and perfluorocarbon compounds which fall into these classes:
(I) Cyclic, branched, or linear,  completely fluorinated alkanes;
(ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

  (2) For purposes of determining compliance with emissions limits, VOC will be measured by the test methods
in the approved State implementation plan (SIP) or 40 CFR part  60, appendix A, as applicable. Where such a
method also measures compounds with negligible photochemical  reactivity, these negligibly-reactive compounds
may  be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is
approved by the enforcement authority.
                                              Page E-34

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     Attachment C:
COATING DEFINITIONS
          Page E-35

-------
General use coating

Gl     General use coating


Specialty coating

SI     Air flask specialty
       coating


S2     Antenna specialty coating
S3     Antifoulant specialty
       coating
S4     Heat resistant specialty
       coating

S5     High-gloss specialty
       coating
S6     High-temperature
       specialty coating

S7     Inorganic zinc
       (high-build) specialty
       coating
S8     Military exterior
       specialty coating
S9     Mist specialty coating
S10    Navigational aids
       specialty coating


Sll    Nonskid specialty coating
means any coating that is not a specialty coating.
means any coating that is manufactured and used for one of the
specialized applications described within this list of definitions.

means any special composition coating applied to interior surfaces of high
pressure breathing air flasks to provide corrosion resistance and  that is
certified safe for use with breathing air supplies.

means any coating applied to equipment through which electromagnetic
signals must pass for reception or transmission.

means any coating that is applied to the underwater portion of a vessel to
prevent or reduce the attachment of biological organisms and that is
registered with the EPA as a pesticide under the Federal Insecticide,
Fungicide, and Rodenticide Act.

means any coating that during normal use must withstand a temperature of
at least 204°C (400°F).

means any coating that achieves  at least 85 percent reflectance on a 60
degree meter when tested  by ASTM Method D523 (incorporation by
reference-see §63.14).

means any coating that during normal use must withstand a temperature of
at least 426°C (800°F).

means a coating that contains 960 grams per liter (8 pounds per  gallon) or
more elemental zinc incorporated into an inorganic silicate  binder that is
applied to steel to provide galvanic corrosion resistance.  (These coatings
are typically applied at more than 2 mil dry film thickness.)

 or Chemical Agent Resistant Coatings ("CARC")means any exterior
topcoat applied to military or U.S. Coast Guard vessels that are  subject to
specific chemical, biological, and radiological washdown requirements.

means any low viscosity, thin film, epoxy coating applied to an  inorganic
zinc primer that penetrates the porous zinc primer and allows the occluded
air  to escape  through the paint film prior to curing.

means any coating applied to Coast Guard buoys or other Coast Guard
waterway markers when they are recoated aboard ship at their usage site
and immediately returned  to  the  water.

means any coating applied to the horizontal surfaces of a marine vessel
for the specific purpose of providing slip resistance for personnel,
vehicles, or aircraft.
                                               Page E-36

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AOK Shipyards Coating Compliance Plan
                                                            April, 1996
  S12   Nuclear specialty coating
  SI3    Organic zinc specialty
         coating
  S14    Pretreatment wash primer
         specialty coating
  S15    Repair and maintenance
         of thermoplastic
         coating/commercial
         vessels
  S16    Rubber camouflage
         specialty coating

  SI7    Sealant for thermal spray
         aluminum

  SI8    Special marking specialty
         coating

  S19    Specialty interior coating
  S20    Tack specialty coating
  S21    Undersea weapons
         systems specialty coating

  S22    Weld-through
         preconstruction primer
         (specialty coating)
means any protective coating used to seal porous surfaces such as steel (or
concrete) that otherwise would be subject to intrusion by radioactive
materials. These coatings must be resistant to long-term (service life)
cumulative radiation exposure (ASTM D4082-89 [incorporation by
reference-see  §63.14]), relatively easy to decontaminate (ASTM D4256-
89 [reapproved 1994] [incorporation by reference-see §63.14]), and
resistant to various chemicals to which the coatings are likely to be
exposed (ASTM D3912-80 [incorporation by reference-see §63.14]).
[Nuclear coatings should meet the general protective  requirements outlined
by the Department of Energy (formerly U.S. Atomic Energy Commission
Regulatory Guide 1.54).]
means any coating derived from zinc dust incorporated into an organic
binder that contains more  than 960 grams of elemental zinc per liter (8
pounds per gallon) of coating, as applied, and that is used for the
expressed purpose of corrosion protection.

means any coating that contains a minimum of 0.5 percent acid, by mass,
and is applied only to bare metal to etch  the surface and enhance adhesion
of subsequent coatings.

means any vinyl, chlorinated rubber, or bituminous resin coating that  is
applied over the same type of existing coating to perform the partial
recoating of any in-use commercial  vessel.  (This definition does not
include coal tar epoxy coatings, which are considered "general use"
coatings.)

means any specially  formulated epoxy coating used as a camouflage
topcoat for exterior submarine hulls and  sonar domes.

means any epoxy coating  applied to thermal spray aluminum surfaces  at a
maximum thickness of 1 dry mil.

means any coating that is  used  for safety or identification applications,
such as markings on flight decks and ships' numbers.

means any coating used on interior surfaces aboard U.S. military' vessels
pursuant to a coating specification that requires the coating to meet
specified fire retardant and low toxicity requirements, in addition to the
other applicable military physical and performance requirements.

means any thin film epoxy coating applied  at a maximum thickness of
2 dry  mils to prepare an epoxy coating that has dried beyond the time
limit specified by the manufacturer for the  application of the next coat.

means any coating applied to any component of a weapons system
intended to be launched or fired from under the sea.

means a coating that provides corrosion protection for steel during
inventory, is typically applied at less than 1 mil dry film thickness, does
not require removal  prior to welding, is  temperature resistant (burn back
from a weld is less than 1.25 centimeters [0.5 inches]), and does not
normally require removal before applying film-building coatings,
including inorganic zinc high-build coatings. When constructing new
vessels,  there may be a need to remove areas of weld-through
preconstruction primer due  to surface damage or contamination prior  to
application of film-building coatings.
                                                Page E-37

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  APPENDIX F




EXAMPLE FORMS
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Page F-3

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                            Index of Column Headings in Example 1.

Column        Description

 A            Coating identification - by the supplier or manufacturer  (include batch number)

 B            Monthly usage (liters,  L)

 C            As-supplied VOC content of the batch of coating (grams per liter of coating, minus
               water and exempt solvents,  g/L coating)

 D            Applicable marine coating category (see Table 2 and/or definitions section of
               regulation)

 E            Applicable maximum VOHAP limit (see Table 2 of regulation)

 F            Average solvent density of the coating (grams per liter,  g/L)

 G            Volume of solids  (nonvolatiles) in the as-supplied batch of coating (liters, L)

 H            Maximum allowable thinning ratio (liters of thinning solvent per liter  of as-supplied
               coating)

 I             Thinning solvent identification - by the  supplier or manufacturer

 J             Density of the thinning solvent (grams per liter, g/L)

 K            Total monthly volume of thinning solvent used to thin particular coating (liters, L)

 L            Total monthly volume of thinning solvent allowed based on maximum allowable
               thinning ratio calculations for a particular coating (liter, L)

 M            Compliance determination:  Yes/No
               (Is the  actual  thinner usage  less than or equal to the allowable thinner usage for the
               month?)
                                            Page F-4

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      APPENDIX G




EXAMPLE CALCULATIONS
        Page G-l

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                   CALCULATIONS FOR DEMONSTRATING COMPLIANCE

Equation 1 is to be used to calculate the maximum allowable thinning ratio, R:


                        (Vol Solids) (VOHAP limit) - (mass of VOC)
                                   Density of thinner


For a General Use coating with a VOC content of 300 g/L of coating, you must determine
how much thinner (with a density of 81 0 g/L) can be added to the coating.  The average
density of the solvents (volatiles) in the coating is 855 g/L

In trying to calculate §R' using Equation 1, we have everything except volume solids in the coating.

In the absence of actual manufacturer's data, Equation 2 is used to calculate volume solids:

                                (mass of volatiles)
          Volume solids = 1 -  -
                              (avg density of volatiles)
                              (300 g/L)
          Volume solids = 1	=  0.649
                              (855 g/L)
Having calculated volume solids, the maximum allowable thinning ratio can be determined:

                         (0.649) (571 g/l solids) - (300 g/L)          L thinner
                      R_	    _.  	  	 — n nny	
                      •^•-  ————"•••«—"——•———«—•»«—••-——-•«—~~  ._.«•_•_•_• _ \J,\/^J I " "•™"
                                    (810 g/L)                    Locating
Equation 3 is to be used to calculate the total allowable volume of thinner used during the month:

            Total               Sum of                        Sum of
          allowable           (R * volume of                 (R * volume of
          volume of     =     each batch used         +    each batch used
           Thinner            during non-cold                during cold
                              weather days)                 weather days)
If the total allowable volume of thinner (calculated using equation 3) is less than or equal to
the actual volume of thinner used during the month, compliance is demonstrated.
NOTE: The proper mix ratio must be used for any mufti-component coatings.
                                       Page G-2

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 MARINE COATING ALLOWABLE THINNING RATIO
CALCULATION SHEET (SIDE 1) FOR OPTIONS 2 AND 3
                 EXAMPLE
A
B
Coating
ER&570
Thinner
GTA 415
Batch Number
UHA10675B
Manufacturer
International
ID
HRA57Q
Category
Antifoulant - S3

Manufacturer
International
10 CTA 415

Step 1 Instructions (Use VOC data collection sheet for this batch of coating)
'
2
3
4
5
6
7
Enter Vs the volume fraction solids in the batch, as supplied, (liter
solid/ liter coating) on lines la and Ib.
Enter VOHAP LIMIT, for normal and for cold operation, based on the
coating category (see side 2)
Multiply line la times line 2a and enter the results on line 3 a.
Multiply line Ib limes line 2b and enter the results on line 3b.
Calculate M^. the VOC Content of the Batch
Enter Method 24 My, mass fraction Total
Volatiles. 4.1 16
Enter M, the mass fraction Water. 4.2 0
Subtract line 4.2 from line 4. 1 , enter difference. 4.3 1°
Enter De the Coating Density, erams/liter. 4.4 2184
Multiply line 4.3 times line 4.4, enter result on
lines 4a and 4b.
Subtract line 4a from 3a and enter results on line 5 a. Subtract line 4b
from 3b and enter result on line Sb. STOP if negative. See Supervisor.
Enter D+ the Thinner Density, grams/liter, on lines
6a and 6b.
Divide line 5a by line 6a and enter result on line 7a .
Divide line 5b by line 6b and enter result on line 7b.
8 Enter line 7a: Use no more than »13 gallons thinner per gallon
Enter line 7b: Use no more than *27 gallons thinner per gallon
Calculations
la 60 % ]b 60 %
1*4.5-0 t<4.5'C
2a 765 2b 971
3a 459 3b 583
4a 349 4b 349
5a 110 5b 234
6a' 870 6b 870
7a ^6 7b .269

coating for normal temperatures.
coating for cold temperatures.
                  Page G-3

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                                          EXAMPLE

                                   VOHAP DATA SHEET:'
                       PROPERTIES OF THE COATING "AS SUPPLIED"
                                 BY THE MANUFACTURER2
Coating Manufacturer: SHIP-COATINGS-R-US
Coating Identification: 1A-2B-3C (HIGH-TEMP)
Batch Identification: XXX-YYY-ZZZ
Supplied To: AOK SHIPYARD
Properties of the coating as supplied2 to the customer:

A.   Coating Density:  (Dc)s   1000  g/L
        B ASTM D1475-90     D Other3
B.   Total Volatiles:  (n\)s    35   Mass Percent
        H ASTM D2369-93     D Other3
C.   Water Content:
     1 • (mJs    0   Mass Percent
        B ASTM D3792-91     D ASTM D4017-90   D Other3
     2- (vw)s   0	Volume Percent
        B  Calculated          D Other3
D.   HAP Volatiles: (mHAP)s     15    Mass Percent
E.   Nonvolatiles: (vn)s    38    Volume Percent
        B  Calculated          D Other3
F.   VOHAP Content (VOHAP)S:
        1.    231   g/L  solids (nonvolatiles)
        2.    150   g/L  coating (less  water and NON-vohap exempt compounds)
G.   Thinner VOHAP Density: D^AHA^   310   g/L
        ASTM   319     D Other3
Remarks:  (use reverse side)

        Signed:  Debbie Bond	Date:  9/17/96	
'Adapted from EPA-340/1-86-016 (July 1986), p. II-2.
2The subscript "s" denotes each value is for the coating "as supplied" by the manufacturer.
3Explain the other method used under "Remarks.1
                                           Page G-4

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