National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks, Surface Coating of Metal Cans, Boat Manufacturing, and Clay Ceramics Manufacturing; Technical Correction

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; technical correction.

SUMMARY:

In this action, the U.S. Environmental Protection Agency (EPA) is making technical corrections to four regulations under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. Specifically, the rules to be amended by this action include the following: The NESHAP for Surface Coating of Automobiles and Light-Duty Trucks, promulgated on July 8, 2020; the NESHAP for Surface Coating of Metal Cans, promulgated on February 25, 2020; the NESHAP for Boat Manufacturing, promulgated on March 20, 2020; and the NESHAP for Clay Ceramics Manufacturing, promulgated on November 1, 2019. Following signature of each of these final rules, the EPA discovered inadvertent minor errors and is correcting these errors in this action.

DATES:

This final rule is effective on November 19, 2021. The incorporation by reference (IBR) of certain publications listed in the rule is approved by the Director of the Federal Register as of November 19, 2021. The incorporation by reference of certain other publications listed in the rule was approved by the Director of the Federal Register as of June 25, 2004 and July 8, 2020.

ADDRESSES:

The EPA has established a docket for each rule included in this action under the following: Docket ID No. EPA-HQ-OAR-2019-0314 (NESHAP for Surface Coating of Automobiles and Light-Duty Trucks), Docket ID No. EPA-HQ-OAR-2017-0684 (NESHAP for Surface Coating of Metal Cans), Docket ID No. EPA-HQ-OAR-2016-0447 (NESHAP for Boat Manufacturing), and Docket ID No. EPA-HQ-OAR-2013-0290 (NESHAP for Clay Ceramic Manufacturing). All documents in each docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov/. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are closed to the public, with limited exceptions, to reduce the risk of transmitting COVID-19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:

For questions about this final action, contact Mr. Brian Storey, Sector Policies and Programs Division (D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax number: (919) 541-4991; and email address: storey.brian@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Summary of This Action

Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that for this action, there is good cause for making these technical corrections final without a prior proposal and the opportunity for comment because the Agency is correcting minor errors that do not substantially change the Agency action taken in each of the four final rules discussed. These technical corrections will ensure that the regulatory text agrees with the description of the rule that the EPA provided in the final rule preamble for each of the four rules discussed in this action. Thus, notice and comment public procedures are unnecessary. The Agency finds that this constitutes a good cause under 5 U.S.C. 553(b)(3)(B). See also the final sentence of section 307(d)(1) of the Clean Air Act (CAA), 42 U.S.C. 307(d)(1), indicating that the good cause provisions in subsection 553(b) of the APA continue to apply to this type of rulemaking under section 307(d) of the CAA. Refer to sections I.A through I.D of this preamble for a more detailed discussion of the goof cause rationale for each rule.

A. Summary of Technical Corrections to the NESHAP for Surface Coating of Automobiles and Light-Duty Trucks and Incorporation by Reference

In the July 8, 2020, final rule (85 FR 41100) the EPA included reference to the document, Protocol for Determining the Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat, published December 1988 (EPA-450/3-88-018). This document was found to be out-of-date. In this action, the EPA is amending the rule to refer to the document, Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat, published September 2008 (EPA-453/R-08-002). This protocol determines the daily VOC emission rate (pounds of VOC per gallon of coating solids deposited) for a complete auto and light duty truck topcoat operation. The EPA has made, and will continue to make, the EPA document generally available electronically through https://www.regulations.gov/ and at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). A copy of the red line version of the corrected rule language is available in Docket ID No. EPA-HQ-OAR-2019-0314. The intent of the rule remains unchanged by correcting the reference. The protocols provided by the revised September 2008 document (EPA-453/R-08-002) are consistent with the protocols of the December 1988 document (EPA-450/3-88-018); therefore, the EPA finds good cause to make the correction in this direct final action.

B. Summary of Technical Corrections to the NESHAP for Surface Coating of Metal Cans

The publication of the February 25, 2020, final rule (85 FR 10828) inadvertently deleted Equation 1 of the rule from the text of the Code of Federal Regulations. This equation was not intended to be deleted. In this action, the EPA is restoring the deleted equation and the associated definitions to § 63.3541(h). A red line version of the corrected rule language is available in Docket ID No. EPA-HQ-OAR-2017-0684. Equation 1 is used to calculate organic HAP emission reductions from controlled coating operations not using liquid-liquid material balances. Equation 1 was not part of the 2020 final rule amendments and was already in the rule prior to the amendments. Section 63.3541(h) of the rule references Equation 1, and without the equation, the reference is incomplete; therefore, the EPA finds good cause to make the correction in this direct final action.

C. Summary of Technical Corrections to the NESHAP for Boat Manufacturing

Table 8 of the March 20, 2020, final rule (85 FR 15960) included specific references to the general provisions of 40 CFR part 63, subpart A. After promulgation, the EPA found that Table 8 indicates that 40 CFR 63.6(f) applies to the rule, but, in fact, section 63.6(f)(1) includes start-up, shutdown, and malfunction (SSM) language that has been vacated by the D.C. Circuit and the EPA stated in the preamble the Agency intended to remove from the Boat Manufacturing NESHAP (85 FR at 15963 and 15967-68). In this action, the EPA is revising Table 8 to indicate § 63.6(f)(1) does not apply. A red line version of the corrected rule language is available in Docket ID No. EPA-HQ-OAR-2016-0447. The correction to the reference in Table 8 only corrects the reference to subpart A and does not change the requirement to comply with emission limits of the rule at all times, as addressed in the proposed and final rule preamble. These corrections will ensure that the regulatory text agrees with the description of the rule that was provided in the final rule preamble; therefore, the EPA finds good cause to make the correction in this direct final action.

D. Summary of Technical Corrections to the NESHAP for Clay Ceramic Manufacturing

Following signature of the November 1, 2019, final rule (84 FR 58601), the EPA discovered inadvertent errors in Table 2 of the rule. In several instances, the rows of the table were misaligned when published. Table 2 of the rule provides operating limits for regulated emission sources and their various control technology configurations and includes three columns. As a result of the error in publication, several of the control technologies identified in the rightmost column (column 3) were misaligned with the sources identified in the leftmost column (column 1), so that they no longer were appropriate or relevant. In this action, the EPA is correcting the table to ensure the control technology information is relevant to the appropriate source. In addition, the EPA's Electronic Reporting Tool (ERT) URL included a typographical error rendering the weblink, as written in the rule text, inoperable. This action corrects the URL of the weblink to ensure accessibility of the tool. A red line version of the corrected rule language is available in Docket ID No. EPA-HQ-OAR-2013-0290. The corrections to Table 8 and to the URL do not affect the standards of the rule, and only ensure the information provided is accurate and relevant; therefore, the EPA finds good cause to make the correction in this direct final action.

II. Summary of Cost, Environmental, and Economic Impacts

This action will have no cost, environmental, energy, or economic impacts beyond those impacts presented in the July 8, 2020, NESHAP for Surface Coating of Automobiles and Light-Duty Trucks final rule (85 FR 41100), the February 25, 2020, NESHAP for Surface Coating of Metal Cans final rule (85 FR 10828), the March 20, 2020, NESHAP for Boat Manufacturing final rule (85 FR 15960), and the October 26, 2015 NESHAP for Clay Ceramics Manufacturing final rule (84 FR 58601). The technical corrections are cost neutral.

List of Subjects in 40 CFR Part 63

• Environmental protection
• Administrative practices and procedures
• Air pollution control
• Hazardous substances
• Incorporation by reference
• Intergovernmental relations
• Reporting and recordkeeping requirements

For the reasons set out in the preamble, 40 CFR part 63 is corrected as follows:

PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

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

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

Subpart A—General Provisions

2. Section 63.14 is amended by revising paragraph (n)(1) to read as follows:

Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

3. Section 63.3130 is amended by revising paragraphs (c)(4) and (5) to read as follows:

4. Section 63.3161 is amended by revising paragraphs (d) and (g) to read as follows:

5. Section 63.3165 is amended by:

a. Revising paragraph (e) introductory text, and

b. In Equation 6 of paragraph (e)(2), Equation 7 of paragraph (e)(3), and Equation 8 of paragraph (e)(4) remove the text `Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018”, and add, in its place, the text “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat, EPA-453/R-08-002”.

The revision reads as follows:

6. Amend Appendix A to subpart IIII of part 63 by:

a. Revising paragraphs 2.1 and 2.2 of section 2.0, and

b. In section 4.0:

i. Revising paragraph 4.1; and

ii. In section 4.2 Equation A-4, remove the text “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Topcoat Operations, EPA-450/3-88-018”, and add, in its place, the text “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat,EPA-453/R-08-002”.

The revisions read as follows:

Appendix A to Subpart IIII of Part 63—Determination of Capture Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions From Solvent-Borne Coatings Using Panel Testing

2.1 You may conduct panel testing to determine the capture efficiency of spray booth emissions. You must follow the instructions and calculations in this appendix A, and use the panel testing procedures in ASTM Method D5087-02, “Standard Test Method for Determining Amount of Volatile Organic Compound (VOC) Released from Solvent-borne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement)” (incorporated by reference, see § 63.14), or the guidelines presented in “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see § 63.14). You must weigh panels at the points described in section 2.5 of this appendix A and perform calculations as described in sections 3 and 4 of this appendix A. You may conduct panel tests on the production paint line in your facility or in a laboratory simulation of the production paint line in your facility.

2.2 You may conduct panel testing on representative coatings as described in “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see § 63.14). If you panel test representative coatings, then you may calculate either a unique percent capture efficiency value for each coating grouped with that representative coating, or a composite percent capture efficiency value for the group of coatings. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency value for that coating.

4.1 If you panel test representative coatings, then you may convert the panel test result for each representative coating from section 3.3 of this appendix A either to a unique percent capture efficiency value for each coating grouped with that representative coating by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A, or to a composite percent capture efficiency value for the group of coatings by using the average values for the group of coatings for mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency value by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. The mass fraction of VOC in the coating and the mass fraction of solids in the coating must be determined by Method 24 (appendix A-7 to 40 CFR part 60) or by following the guidelines for combining analytical VOC content and formulation solvent content presented in “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see § 63.14).

Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

7. Section 63.3541 is amended by revising paragraph (h) to read as follows:

Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing

8. Table 8 to subpart VVVV of part 63 is revised to read as follows:

Table 8 to Subpart VVVV of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart VVVV

As specified in § 63.5773, you must comply with the applicable requirements of the General Provisions according to the following table:

Subpart KKKKK—National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing

9. Section 63.8635 is amended by revising (g)(1) to read as follows:

10. Table 2 to subpart KKKKK of part 63 is revised to read as follows:

Table 2 to Subpart KKKKK of Part 63—Operating Limits

As stated in § 63.8555, you must meet each operating limit in the following table that applies to you: