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.
Page 1
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INTRODUCTION CHAPTER 1
THIS PAGE INTENTIONALLY LEFT BLANK
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
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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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Page 11
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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 addedIf 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
complianceShould 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
-------
WHAT DO I NEED TO DO TO COMPLY? CHAPTER 4
THIS PAGE INTENTIONALLY LEFT BLANK
Page 16
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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
-------
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.
Page 27
-------
WHAT ARE MY POLLUTION PREVENTION OPTIONS? CHAPTER 7
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Page 28
-------
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
-------
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
-------
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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Page 34
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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
Page 37
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WHERE CAN I GO FOR MORE
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
-------
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
-------
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,
-------
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 BConfidentiality 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 63NATIONAL 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 IINational 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 63General
Provisions of Applicability to Subpan II
Table 2 to Subpan II of Part 63Volatile
Organic HAP fVOHAP) Limits for Marine
Coatings
Table 3 to Subpart II of Part 63Summary
of Recordkeeping and Reporting
Requirements
Appendix A to Subpart II of Part 63VOC
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 IINational 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 referencesee
§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
referencesee §63.14]), relatively easy
to decontaminate (ASTM D4256-89
[reapproved 1994] [incorporation by
referencesee §63.14]), and resistant to
various chemicals to which the coatings
are likely to be exposed (ASTM D3912-
80 [incorporation by referencesee
§ 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 addedcoating-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 addedgroup
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
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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 referencesee
§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 referencesee
§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
referencesee §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 addedcoating 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 addedgroup
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 63GENERAL 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 COATINGSContinued
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)
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64346 Federal Register / Vol. 60, No. 241 / Friday, December 15, 1995 / Rules and Regulations
Appendix A toSubpart II of Part 63VOC
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 GGNational 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 IINational 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
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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
-------
APPENDIX C
LIST OF ESTIMATED NESHAP
MAJOR-SOURCE SHIPYARDS
Page C-l
-------
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
-------
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
-------
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
-------
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
-------
Attachment A: FORMS
Page E-16
-------
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
-------
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
-------
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
-------
APPENDIX F
EXAMPLE FORMS
Page F-l
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Page F-3
-------
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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Page F-5
-------
si
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-------
APPENDIX G
EXAMPLE CALCULATIONS
Page G-l
-------
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
-------
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
-------
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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