[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Proposed Rules]               
[Page 18333-18381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap08-31]                         


[[Page 18333]]

-----------------------------------------------------------------------

Part II





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



 National Emission Standards for Hazardous Air Pollutants: Area Source 
Standards for Nine Metal Fabrication and Finishing Source Categories; 
Proposed Rule


[[Page 18334]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0306; FRL-8547-2]
RIN 2060-AO27

 
 National Emission Standards for Hazardous Air Pollutants: Area 
Source Standards for Nine Metal Fabrication and Finishing Source 
Categories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing national emission standards for control of 
hazardous air pollutants (HAP) for nine metal fabrication and finishing 
area source categories. This rule proposes emission standards in the 
form of management practices and equipment standards for new and 
existing operations of dry abrasive blasting, machining, dry grinding 
and dry polishing with machines, spray painting and other spray 
coating, and welding operations. These proposed standards reflect EPA's 
determination regarding the generally achievable control technology 
(GACT) and/or management practices for the nine area source categories.

DATES: Comments must be received on or before May 5, 2008, unless a 
public hearing is requested by April 14, 2008. If a hearing is 
requested on this proposed rule, written comments must be received by 
May 19, 2008. Under the Paperwork Reduction Act, comments on the 
information collection provisions must be received by OMB on or before 
May 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0306, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov.
     Fax: (202) 566-9744.
     Mail: National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Metal Fabrication and Finishing 
Operations Docket, Environmental Protection Agency, Air and Radiation 
Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. Please include a total of two copies. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0306. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://
www.regulations.gov or in hard copy at the NESHAP for Metal Fabrication 
and Finishing Area Sources Docket, at the EPA Docket and Information 
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, Sector Policies 
and Programs Division, Office of Air Quality Planning and Standards 
(D243-02), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number: (919) 541-5251; fax number: 
(919) 541-3207; e-mail address: jones.donnalee@epa.gov.

SUPPLEMENTARY INFORMATION:
    Outline. The information in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document?
    D. When would a public hearing occur?
II. Background Information for Proposed Area Source Standards
    A. What is the statutory authority and regulatory approach for 
the proposed standards?
    B. What source categories are affected by the proposed 
standards?
    C. What are the production operations, emission sources, and 
available controls?
III. Summary of Proposed Standards
    A. Do the proposed standards apply to my source?
    B. When must I comply with the proposed standards?
    C. For what processes is EPA proposing standards?
    D. What emissions control requirements is EPA proposing?
    E. What are the initial compliance provisions?
    F. What are the continuous compliance requirements?
    G. What are the notification, recordkeeping, and reporting 
requirements?
IV. Rationale for This Proposed Rule
    A. How did we select the source category?
    B. How did we select the affected sources?
    C. How did we determine the regulated processes?
    D. How was GACT determined?
    E. How did we select the compliance requirements?
    F. How did we decide to exempt this area source category from 
title V permit requirements?
V. Impacts of the Proposed Standards
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act

[[Page 18335]]

    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by this 
proposed action are shown in the table below. This proposed rule 
applies only to facilities that are an area source of the compounds of 
cadmium, chromium, lead, manganese, and nickel, or an area source of 
volatile organic HAP (VOHAP) from spray painting operations, and which 
perform metal fabrication or finishing operations in one of the 
following nine source categories: (1) Electrical and Electronic 
Equipment Finishing Operations; (2) Fabricated Metal Products; (3) 
Fabricated Plate Work (Boiler Shops); (4) Fabricated Structural Metal 
Manufacturing; (5) Heating Equipment, except Electric; (6) Industrial 
Machinery and Equipment: Finishing Operations; (7) Iron and Steel 
Forging; (8) Primary Metal Products Manufacturing; and (9) Valves and 
Pipe Fittings. Facilities affected by this proposed rule are not 
subject to the miscellaneous coating requirements in 40 CFR part 63, 
subpart HHHHHH, ``National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources,'' for their affected source(s) that are 
subject to the requirements of this proposed rule. There potentially 
may be other sources at the facility not subject to the requirements of 
this proposed rule that are instead subject to subpart HHHHHH of this 
part.

------------------------------------------------------------------------
     Metal fabrication and                         Examples of Regulated
      finishing  category         NAICS Codes\1\          Entities
------------------------------------------------------------------------
Electrical and Electronics      335999...........  Establishments
 Equipment Finishing                                primarily engaged in
 Operations.                                        manufacturing motors
                                                    and generators and
                                                    electrical
                                                    machinery,
                                                    equipment, and
                                                    supplies, not
                                                    elsewhere
                                                    classified. The
                                                    electrical machinery
                                                    equipment and
                                                    supplies industry
                                                    sector includes
                                                    facilities primarily
                                                    engaged in high
                                                    energy particle
                                                    acceleration systems
                                                    and equipment,
                                                    electronic
                                                    simulators,
                                                    appliance and
                                                    extension cords,
                                                    bells and chimes,
                                                    insect traps, and
                                                    other electrical
                                                    equipment and
                                                    supplies, not
                                                    elsewhere
                                                    classified. The
                                                    Motors and
                                                    Generators
                                                    Manufacturing
                                                    industry sector
                                                    includes those
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    electric motors
                                                    (except engine
                                                    starting motors) and
                                                    power generators;
                                                    motor generator
                                                    sets; railway motors
                                                    and control
                                                    equipment; and
                                                    motors, generators
                                                    and control
                                                    equipment for
                                                    gasoline, electric,
                                                    and oil-electric
                                                    buses and trucks.
Fabricated Metal Products.....  332117...........  Establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    fabricated metal
                                                    products, such as
                                                    fire or burglary
                                                    resistive steel
                                                    safes and vaults and
                                                    similar fire or
                                                    burglary resistive
                                                    products; and
                                                    collapsible tubes of
                                                    thin flexible metal.
                                                    Also included are
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing powder
                                                    metallurgy products,
                                                    metal boxes; metal
                                                    ladders; metal
                                                    household articles,
                                                    such as ice cream
                                                    freezers and ironing
                                                    boards; and other
                                                    fabricated metal
                                                    products not
                                                    elsewhere
                                                    classified.
Fabricated Plate Work (Boiler   332313, 332410,    Establishments
 Shops).                         332420.            primarily engaged in
                                                    manufacturing power
                                                    and marine boilers,
                                                    pressure and
                                                    nonpressure tanks,
                                                    processing and
                                                    storage vessels,
                                                    heat exchangers,
                                                    weldments and
                                                    similar products.
Fabricated Structural Metal     332312...........  Establishments
 Manufacturing.                                     primarily engaged in
                                                    fabricating iron and
                                                    steel or other metal
                                                    for structural
                                                    purposes, such as
                                                    bridges, buildings,
                                                    and sections for
                                                    ships, boats, and
                                                    barges.
Heating Equipment, except       333414...........  Establishments
 Electric.                                          primarily engaged in
                                                    manufacturing
                                                    heating equipment,
                                                    except electric and
                                                    warm air furnaces,
                                                    including gas, oil,
                                                    and stoker coal
                                                    fired equipment for
                                                    the automatic
                                                    utilization of
                                                    gaseous, liquid, and
                                                    solid fuels. Typical
                                                    products produced in
                                                    this source category
                                                    include low-pressure
                                                    heating (steam or
                                                    hot water) boilers,
                                                    fireplace inserts,
                                                    domestic (steam or
                                                    hot water) furnaces,
                                                    domestic gas
                                                    burners, gas room
                                                    heaters, gas
                                                    infrared heating
                                                    units, combination
                                                    gas-oil burners, oil
                                                    or gas swimming pool
                                                    heaters, heating
                                                    apparatus (except
                                                    electric or warm
                                                    air), kerosene space
                                                    heaters, gas
                                                    fireplace logs,
                                                    domestic and
                                                    industrial oil
                                                    burners, radiators
                                                    (except electric),
                                                    galvanized iron
                                                    nonferrous metal
                                                    range boilers, room
                                                    heaters (except
                                                    electric), coke and
                                                    gas burning
                                                    salamanders, liquid
                                                    or gas solar energy
                                                    collectors, solar
                                                    heaters, space
                                                    heaters (except
                                                    electric),
                                                    mechanical (domestic
                                                    and industrial)
                                                    stokers, wood and
                                                    coal-burning stoves,
                                                    domestic unit
                                                    heaters (except
                                                    electric), and wall
                                                    heaters (except
                                                    electric).

[[Page 18336]]


Industrial Machinery and        333120, 333132,    Establishments
 Equipment: Finishing            333911.            primarily engaged in
 Operations.                                        construction
                                                    machinery
                                                    manufacturing, oil
                                                    and gas field
                                                    machinery
                                                    manufacturing, and
                                                    pumps and pumping
                                                    equipment
                                                    manufacturing.
                                                    Finishing operations
                                                    include the
                                                    collection of all
                                                    operations
                                                    associated with the
                                                    surface coating of
                                                    industrial machinery
                                                    and equipment. The
                                                    construction
                                                    machinery
                                                    manufacturing
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing heavy
                                                    machinery and
                                                    equipment of types
                                                    used primarily by
                                                    the construction
                                                    industries, such as
                                                    bulldozers; concrete
                                                    mixers; cranes,
                                                    except industrial
                                                    plan overhead and
                                                    truck-type cranes;
                                                    dredging machinery;
                                                    pavers; and power
                                                    shovels. Also
                                                    included in this
                                                    industry are
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    forestry equipment
                                                    and certain
                                                    specialized
                                                    equipment, not
                                                    elsewhere
                                                    classified, similar
                                                    to that used by the
                                                    construction
                                                    industries, such as
                                                    elevating platforms,
                                                    ship cranes and
                                                    capstans, aerial
                                                    work platforms, and
                                                    automobile wrecker
                                                    hoists. The oil and
                                                    gas field machinery
                                                    manufacturing
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    machinery and
                                                    equipment for use in
                                                    oil and gas field or
                                                    for drilling water
                                                    wells, including
                                                    portable drilling
                                                    rigs. The pumps and
                                                    pumping equipment
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing pumps
                                                    and pumping
                                                    equipment for
                                                    general industrial,
                                                    commercial, or
                                                    household use,
                                                    except fluid power
                                                    pumps and motors.
                                                    This category
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    domestic water and
                                                    sump pumps.
Iron and Steel Forging........  33211............  Establishments
                                                    primarily engaged in
                                                    the forging
                                                    manufacturing
                                                    process, where
                                                    purchased iron and
                                                    steel metal is
                                                    pressed, pounded or
                                                    squeezed under great
                                                    pressure into high
                                                    strength parts known
                                                    as forgings. The
                                                    process is usually
                                                    performed hot by
                                                    preheating the metal
                                                    to a desired
                                                    temperature before
                                                    it is worked. The
                                                    forging process is
                                                    different from the
                                                    casting and foundry
                                                    processes, as metal
                                                    used to make forged
                                                    parts is never
                                                    melted and poured.
Primary Metals Products         332618...........  Establishments
 Manufacturing.                                     primarily engaged in
                                                    manufacturing
                                                    products such as
                                                    fabricated wire
                                                    products (except
                                                    springs) made from
                                                    purchased wire.
                                                    These facilities
                                                    also manufacture
                                                    steel balls;
                                                    nonferrous metal
                                                    brads and nails;
                                                    nonferrous metal
                                                    spikes, staples, and
                                                    tacks; and other
                                                    primary metals
                                                    products not
                                                    elsewhere
                                                    classified.
Valves and Pipe Fittings......  332919...........  Establishments
                                                    primarily engaged in
                                                    manufacturing metal
                                                    valves and pipe
                                                    fittings; flanges;
                                                    unions, with the
                                                    exception of
                                                    purchased pipes; and
                                                    other valves and
                                                    pipe fittings not
                                                    elsewhere
                                                    classified.
------------------------------------------------------------------------
\1\North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provide a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility would be regulated by this 
action you can refer to the descriptions in section (II)(B) below. For 
descriptions of the North American Industry Classification System 
(NAICS) codes, you can view information on the U.S. Census site at 
http://www.census.gov/epcd/ec97brdg. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult either the air permit authority for the entity or your EPA 
regional representative as listed in 40 CFR 63.13 of subpart A (General 
Provisions).

B. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI to EPA through http://
www.regulations.gov or e-mail. Send or deliver information identified 
as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, Attention Docket ID EPA-HQ-OAR-2006-0306. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through EPA's Technology Transfer Network (TTN). A copy of this 
proposed action will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules at the following address: 
http://www.epa.gov/ttn/oarpg/. The TTN provides information and 
technology exchange in various areas of air pollution control.

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning this proposed rule by April 14, 2008, we will hold a public 
hearing on April 18, 2008. If you are interested in attending the 
public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify 
that a hearing will be held. If a public hearing is held, it will be 
held at 10 a.m.

[[Page 18337]]

at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, NC, or an alternate site nearby.

II. Background Information for Proposed Area Source Standards

A. What is the statutory authority and regulatory approach for the 
proposed standards?

    Section 112(d) of the CAA requires us to establish national 
emission standards for hazardous air pollutants (NESHAP) for both major 
and area sources of HAP that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP. An area source is a stationary source that is not a 
major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP which, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). Specifically, in the 
Strategy, EPA identified 30 HAP that pose the greatest potential health 
threat in urban areas, and these HAP are referred to as the ``30 urban 
HAP.'' Section 112(c)(3) requires EPA to list sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the emissions of the 30 urban HAP are subject to 
regulation. We implemented these requirements through the Integrated 
Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). A primary goal 
of the Strategy is to achieve a 75 percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of GACT or 
management practices by such sources to reduce emissions of hazardous 
air pollutants.'' Additional information on GACT is found in the Senate 
report on the legislation (Senate Report Number 101-228, December 20, 
1989), which describes GACT as:

    * * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories that may have many 
small businesses.

    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the same industrial sector to determine 
if the control technologies and management practices are transferable 
and generally available to area sources. In appropriate circumstances, 
we may also consider technologies and practices at area and major 
sources in similar categories to determine whether such technologies 
and practices could be considered generally available for the area 
source category at issue. Finally, as noted above, in determining GACT 
for a particular area source category, we consider the costs and 
economic impacts of available control technologies and management 
practices on that category.
    We are proposing these national emission standards in response to a 
court-ordered deadline that requires EPA to issue standards for 11 
source categories listed pursuant to section 112(c)(3) and (k) by June 
15, 2008 (Sierra Club v. Johnson, no. 01-1537, D.D.C., March 2006). We 
have already issued regulations addressing one of the 11 area source 
categories. See regulations for Wood Preserving (Federal Register, 72 
(135), July 16, 2007.) Other rulemakings will include standards for the 
remaining source categories that are due in June 2008.

B. What source categories are affected by these proposed standards?

    These proposed standards would affect any facility that performs 
metal fabrication or finishing operations in one of the following nine 
metal fabrication and finishing area source categories: (1) Electrical 
and Electronic Equipment Finishing Operations; (2) Fabricated Metal 
Products; (3) Fabricated Plate Work (Boiler Shops); (4) Fabricated 
Structural Metal Manufacturing; (5) Heating Equipment, except Electric; 
(6) Industrial Machinery and Equipment: Finishing Operations; (7) Iron 
and Steel Forging; (8) Primary Metal Products Manufacturing; and (9) 
Valves and Pipe Fittings. Throughout this proposed rule, we refer to 
the nine metal fabrication and finishing source categories collectively 
as ``metal fabrication or finishing operations.''
    The following are descriptions of the nine metal fabrication and 
finishing source categories:
    Electrical and Electronic Equipment Finishing Operations: This 
category includes establishments primarily engaged in manufacturing 
motors and generators and electrical machinery, equipment, and 
supplies, not elsewhere classified, and includes facilities primarily 
engaged in high energy particle acceleration systems and equipment, 
electronic simulators, appliance and extension cords, bells and chimes, 
insect traps, and other electrical equipment and supplies not elsewhere 
classified. This category also includes those establishments primarily 
engaged in manufacturing electric motors (except engine starting 
motors) and power generators; motor generator sets; railway motors and 
control equipment; and motors, generators and control equipment for 
gasoline, electric, and oil-electric buses and trucks.
    Fabricated Metal Products, Not Elsewhere Classified: This category 
includes establishments primarily engaged in manufacturing fabricated 
metal products, such as fire or burglary resistive steel safes and 
vaults and similar fire or burglary resistive products; and collapsible 
tubes of thin flexible metal. Also included are establishments 
primarily engaged in manufacturing powder metallurgy products, metal 
boxes; metal ladders; metal household articles, such as ice cream 
freezers and ironing boards; and other fabricated metal products not 
elsewhere classified.
    Fabricated Plate Work (Boiler Shops): This category includes 
establishments primarily engaged in manufacturing power and marine 
boilers, pressure and nonpressure tanks, processing and storage 
vessels, heat exchangers, weldments and similar products.
    Fabricated Structural Metal Manufacturing: This category includes 
establishments primarily engaged in fabricating iron and steel or other 
metal for structural purposes, such as bridges, buildings, and sections 
for ships, boats, and barges.
    Heating Equipment, except Electric: This category includes 
establishments primarily engaged in manufacturing heating equipment, 
except electric and warm air furnaces, including gas, oil, and stoker 
coal fired equipment for the automatic utilization of gaseous, liquid, 
and solid fuels. Typical products produced in this source category 
include low-pressure heating (steam or hot water) boilers, fireplace 
inserts, domestic (steam or hot water) furnaces, domestic gas burners, 
gas room heaters, gas infrared heating units, combination gas-oil 
burners, oil or gas swimming pool heaters, heating apparatus (except 
electric or warm air), kerosene space heaters, gas fireplace logs, 
domestic and industrial oil burners, radiators (except

[[Page 18338]]

electric), galvanized iron nonferrous metal range boilers, room heaters 
(except electric), coke and gas burning salamanders, liquid or gas 
solar energy collectors, solar heaters, space heaters (except 
electric), mechanical (domestic and industrial) stokers, wood and coal-
burning stoves, domestic unit heaters (except electric), and wall 
heaters (except electric).
    Industrial Machinery and Equipment Finishing Operations: This 
category includes establishments primarily engaged in construction 
machinery manufacturing, oil and gas field machinery manufacturing, and 
pumps and pumping equipment manufacturing. Finishing operations include 
the collection of all operations associated with the surface coating of 
industrial machinery and equipment. This category includes 
establishments primarily engaged in manufacturing heavy machinery and 
equipment of types used primarily by the construction industries, such 
as bulldozers; concrete mixers; cranes, except industrial plant 
overhead and truck-type cranes; dredging machinery; pavers; and power 
shovels. Also included in this industry are establishments primarily 
engaged in manufacturing forestry equipment and certain specialized 
equipment, not elsewhere classified, similar to that used by the 
construction industries, such as elevating platforms, ship cranes and 
capstans, aerial work platforms, and automobile wrecker hoists. This 
category also includes establishments primarily engaged in 
manufacturing machinery and equipment for use in oil and gas fields or 
for drilling water wells, including portable drilling rigs. This 
category includes establishments primarily engaged in manufacturing 
pumps and pumping equipment for general industrial, commercial, or 
household use, except fluid power pumps and motors, and establishments 
primarily engaged in manufacturing domestic water and sump pumps.
    Iron and Steel Forging: This category includes establishments 
primarily engaged in the forging manufacturing process, where purchased 
iron and steel metal is pressed, pounded or squeezed under great 
pressure into high strength parts known as forgings. The process is 
usually performed hot by preheating the metal to a desired temperature 
before it is worked. The forging process is different from the casting 
and foundry processes, as metal used to make forged parts is never 
melted and poured.
    Primary Metal Products Manufacturing: This source category includes 
establishments primarily engaged in manufacturing products such as 
fabricated wire products (except springs) made from purchased wire. 
These facilities also manufacture steel balls; nonferrous metal brads 
and nails; nonferrous metal spikes, staples, and tacks; and other 
primary metals products not elsewhere classified.
    Valves and Pipe Fittings: This source category includes 
establishments primarily engaged in manufacturing metal valves and pipe 
fittings, flanges, and unions, with the exception of from purchased 
pipes; and other valves and pipe fitting products not elsewhere 
classified.
    We added the nine metal fabrication and finishing source categories 
to the Integrated Urban Air Toxics Strategy Area Source Category List 
on November 22, 2002 (67 FR 70427). The inclusion of these source 
categories to the section 112(c)(3) area source category list is based 
on 1990 emissions data, as EPA used 1990 as the baseline year for that 
listing. The nine metal fabrication and finishing source categories 
were listed for regulation based on emissions of compounds of cadmium, 
chromium, lead, manganese, and nickel in the 1990 inventory, hereafter 
referred to as ``metal fabrication and finishing metal HAP'' (MFHAP). 
Four of the metal fabrication and finishing source categories were also 
listed for emissions of the organic HAP trichloroethylene (TCE).\1\ 
Chlorinated solvents such as TCE are used as degreasers in these metal 
fabrication and finishing source categories. We subsequently discovered 
that the 1990 emissions data for TCE was for metal fabrication and 
finishing facilities that used TCE in degreasing operations, which are 
not part of this source category. Rather, these emission units at both 
major and area sources are subject to standards for halogenated solvent 
cleaning under 40 CFR part 63, subpart T. Consequently, we are not 
proposing standards for TCE from metal fabrication and finishing 
facilities. The four metal fabrication and finishing source categories 
listed for TCE emissions remain listed source categories pursuant to 
section 112(c)(3) of this part. Therefore, we are clarifying that we do 
not need these four source categories to meet the section 112(c)(3) 90 
percent requirement regarding area source emissions of TCE.
---------------------------------------------------------------------------

    \1\ These four source categories were Electrical and Electronic 
Equipment Finishing Operations; Fabricated Metal Products; Primary 
Metal Products Manufacturing; and Valves and Pipe Fittings.
---------------------------------------------------------------------------

    Based on 2002 U.S. Census data and a survey of the industry that we 
conducted in 2006, we estimate that 5,800 metal fabrication and 
finishing area source facilities are currently operating in the U.S. 
Our analyses of 2002 U.S. Census data also indicate that more than 90 
percent of the metal fabrication and finishing area source categories 
is comprised of small businesses, based on the Small Business 
Administration definition.
    A majority of the metal fabrication and finishing area source 
facilities are estimated to be in urban areas, based on an estimate of 
73 percent developed from EPA's 2002 National Emission Inventory 
(NEI).\2\
---------------------------------------------------------------------------

    \2\ These urban areas are defined to be the urban 1 and urban 2 
areas that formed the basis of the listing decisions under 112(c)(3) 
and (k).
---------------------------------------------------------------------------

    Facilities affected by this proposed rule are not subject to the 
miscellaneous coating requirements in 40 CFR part 63, subpart HHHHHH, 
``National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area 
Sources,'' for their affected source(s) that are subject to the 
requirements of this proposed rule. There potentially may be other 
sources at the facility not subject to the requirements of this 
proposed rule that are instead subject to subpart HHHHHH of this part.

C. What are the production operations, emission sources, and available 
controls?

    While these nine source categories produce a wide variety of 
products, they perform very similar fabrication and finishing 
operations to create them. There are five general production operations 
common to metal fabrication and finishing source categories that can 
emit MFHAP. These five production operations are: (1) Dry abrasive 
blasting; (2) dry grinding and dry polishing with machines; (3) 
machining; (4) spray painting and coating; and (5) welding.
    As typical within any industry, there is variation in operations 
between facilities. Also, all facilities do not necessarily employ all 
five production areas. Information acquired from an EPA survey of 166 
facilities showed that for the area sources in the source categories of 
interest, 39 percent perform dry abrasive blasting, 59 percent perform 
metal fabrication and finishing with machines, 60 percent perform 
painting or coating of some kind (that includes but is not limited to 
spray painting or spray coating), and 65 percent perform welding. More 
detailed analyses are available in the docket, including estimated 
percentages of the number of facilities in each category performing 
each operation.
    Another metal fabrication and finishing operation that can emit 
MFHAP is plating. This operation was noted to be performed by some of 
the

[[Page 18339]]

facilities in the nine metal fabrication and finishing source 
categories, but is not regulated by this proposed rule. Plating 
operations are not regulated by this proposed rule because they are 
regulated elsewhere, as follows: Chromium electroplating tanks are 
subject to the Chromium Electroplating NESHAP (40 CFR 63, subpart N), 
while other plating operations at area sources are subject to the 
Plating and Polishing Area Source Rule (40 CFR part 63, subpart WWWWWW) 
which will be promulgated by June 15, 2008.
1. Metal Fabrication and Finishing Operations
    The nine Metal Fabrication and Finishing source categories produce 
a wide variety of products using five general production operations 
that can emit MFHAP: (1) Dry abrasive blasting; (2) dry grinding and 
dry polishing with machines; (3) machining; (4) spray painting and 
coating; and (5) welding. The following is a brief description of each 
of these five fabrication and finishing operations regulated by this 
proposed rule.
    Dry Abrasive Blasting Operations. This metal fabrication and 
finishing operation (also referred to in the industry as sand blasting, 
shot blasting, and shot peening) is used to clean or prepare a surface 
by forcibly propelling abrasive material against it. Commonly used 
abrasives include silica sand, glass beads, aluminum oxide, slag, 
garnet, steel shot, walnut shells, as well as other materials. Common 
applications of dry abrasive blasting include surface preparation for 
painting or coating; burr removal after machining, grinding, or 
welding; matte surface finishing; removal of flash from molded objects.
    Two primary aspects differentiate the various types of abrasive 
blasting: The method of abrasive propulsion and the type of abrasive 
used. There are three primary methods of propelling the abrasive: Air 
pressure, using compressed air to propel the abrasive; water pressure, 
using air or water pressure to propel a wet abrasive slurry; or 
centrifugal wheels, which use a rotating impeller to mechanically 
propel the abrasive.
    Abrasive blasting covers numerous applications under widely varying 
conditions. Blasting is also performed outdoors with a portable 
apparatus or indoors within specially constructed cabinets or 
enclosures/chambers, either manually, or as part of an automated 
process line. Because the applications of abrasive blasting are widely 
varied, there is a similarly wide variety of abrasive blasting 
equipment available.
    Dry abrasive blasting equipment consists of the following general 
types of systems, listed from small to large: Portable blasters, blast 
cabinets or ``glove boxes'', blast chambers which can be 3 or 4-sided 
structures, and ``bulk'' blasters that are totally enclosed and vented 
to a filtration device to collect and recycle the blast material. Shot 
peening is a common type of dry abrasive blasting that is a surface 
treatment used to increase the fatigue life of metal parts. In shot 
peening, a higher pressure is used to focus the abrasive on a localized 
area as opposed to general abrasive blasting that may be directed over 
a larger surface area. Shot peening generally refers to abrasive 
blasting with metallic or steel pellets, like BB shot. Shot peening is 
almost always performed in a contained area so that the pellets can be 
recovered and reused. Similarly, blasting performed with sand other 
media is also often performed in a contained area so that the media can 
be recovered and reused.
    Dry Grinding and Dry Polishing Operations. These metal fabrication 
and finishing operations are very similar and vary only as to their 
timing in the fabrication and extent of abrasion. Not all parts are 
polished but most are ground. Grinding is performed on a work piece 
prior to fabrication or finishing operations to remove undesirable 
material from the surface or to remove burrs or sharp edges. Grinding 
is done using belts, disks, or wheels consisting of or covered with 
various abrasives, e.g., silica, alumina, silicon carbide, garnet, 
alundum, or emery. Grinding may be performed dry or may use lubricants 
or coolants such as water or water-based mixtures, solutions, or 
emulsions containing cutting oils, soaps, detergents, wetting agents, 
or proprietary compounds. Polishing generally follows grinding. The 
purpose of the polishing operation is to remove any remaining metal and 
to prepare the surface for more refined finishing procedures. Burrs on 
castings or stampings may also be removed by polishing. Polishing is 
performed using hard-faced wheels constructed of muslin, canvas, felt 
or leather. Abrasives are applied to the wheels with synthetic 
adhesives or cements, typically silicate-base cements. The types of 
abrasives that are used in polishing include both natural and 
artificial abrasives. Lubricants including oil, grease, tallow, and 
special bar lubricants are used to prevent gouging and tearing when a 
fine polished surface is required and also to minimize frictional heat. 
Polishing may also be performed by hand without machines; however, no 
emissions occur from hand polishing.
    Machining Operations. This metal fabrication and finishing 
operation includes activities such as turning, milling, drilling, 
boring, tapping, planing, broaching, sawing, cutting, shaving, 
shearing, threading, reaming, shaping, slotting, hobbing, and 
chamfering, where stock is removed from a work piece as chips by a 
machine that forces a cutting piece against a work piece. Shearing 
operations cut materials into a desired shape and size, while forming 
operations bend or conform materials into specific shapes. Cutting and 
shearing operations include punching, piercing, blanking, cutoff, 
parting, shearing and trimming. Forming operations include bending, 
forming, extruding, drawing, rolling, spinning, coining, and forging 
the metal. Machining is usually totally enclosed, where the enclosure 
is part of the operating equipment. Many of these machining operations 
use lubricants or liquid coolants either alone or in conjunction with 
enclosures.
    Painting Operations. Paints and coatings (hereafter called 
``paints'') are applied to metal fabrication and finishing products for 
surface protection, aesthetics, or both. Painting or coating (hereafter 
called ``painting'') is usually performed using a spray gun in a spray 
booth or with portable spray equipment. Paints may also be applied via 
dip tanks. The coated parts then pass through an open (flashoff) area 
where additional volatiles evaporate from the paint. The coated parts 
may pass through a drying/curing oven, or are allowed to air dry, where 
the remaining volatiles are evaporated.
    Spray-applied painting operations include any hand-held device that 
creates an atomized mist of paint and deposits the paint on a 
substrate. For the purposes of this rule, spray-painting does not 
include thermal spray operations, also known as metallizing, flame 
spray, plasma arc spray, and electric arc spray, among other names, in 
which solid metallic or non-metallic material is heated to a molten or 
semi-molten state and propelled to the work piece or substrate by 
compressed air or other gas, where a bond is produced upon impact. 
Thermal spraying operations at area sources are subject to the Plating 
and Polishing Area Source NESHAP, subpart WWWWWW of this part.
    Spray gun cleaning may be done by hand cleaning parts of the 
disassembled gun in a container of solvent, by flushing solvent through 
the gun without atomizing the solvent and paint residue, or by using a 
fully enclosed

[[Page 18340]]

spray gun washer. A combination of non-atomizing methods may also be 
used. A gun washer consists of a solvent reservoir and a covered 
enclosure that dispenses solvent for gun cleaning. The enclosure may 
also hold the gun for automated gun cleaning. During gun cleaning in a 
gun washer, the cleaning solvent is dispensed from the reservoir and 
sprayed through the gun while it is open.
    Welding Operations. This metal fabrication and finishing operation 
joins two metal parts by melting the parts at the joint and filling the 
space with molten metal. The most frequently used method for generating 
heat is obtained either from an electric arc or a gas-oxygen flame. The 
type of welding most commonly used in the metal fabrication and 
finishing source categories is thought to be electric arc welding.
    Electric arc welding includes many different variations that 
involve various types of electrodes, fluxes, shielding gases, and types 
of equipment. Electric arc welding can be divided into that which uses 
consumable electrodes vs. nonconsumable electrodes. In electric arc 
welding, a flow of electricity across the gap from the tip of the 
welding electrode to the base metal creates the heat needed for melting 
and joining the metal parts. The electric current melts both the 
electrode and the base metal at the joint to form a molten pool, which 
solidifies upon cooling. Consumable welding rods are used when extra 
metal is needed as a filler for the joint to make a complete bond. The 
consumable rods must be close in composition to the base metals, and 
can vary with each application. An externally supplied gas (argon, 
helium, or carbon dioxide) can be used to shield the arc.
2. Metal Fabrication and Finishing HAP Emission Sources
    All five of the metal fabrication and finishing operations 
described above can emit MFHAP. The MFHAP that can be emitted from the 
metal fabrication and finishing operations are in the form of 
particulate matter (PM) produced from the material being fabricated, PM 
emitted from the use of consumable welding rods, and MFHAP used to 
color paints (as pigments). In addition, there are VOHAP emitted from 
painting operations, where the VOHAP are used as vehicles and solvents 
for the paints. Details on the HAP emissions from each of the five 
potential HAP-emitting operations follow below.
    Dry Abrasive Blasting Emissions. The emissions from dry abrasive 
blasting are predominantly inert PM resulting from breakdown of the 
blast material which is composed of silica sand, glass beads, aluminum 
oxide, slag, garnet, steel shot, walnut shells, and other materials. 
Few if any blast materials contain MFHAP, therefore any MFHAP that is 
emitted from blasting would originate from the part or product being 
blasted. Occasionally the blasted part or product may be painted, in 
which case the PM will contain additional MFHAP if present in the 
pigments in the paint. Painted substrates are uncommon in the metal 
fabrication and finishing industries, since these industries primarily 
produce new products rather than recondition old ones. The blasted 
substrates typically include metals such as: Cadmium, chromium 
(primarily in stainless steel), iron, lead, magnesium, manganese (in 
both mild and stainless steels), mercury, molybdenum, nickel (in 
stainless steel), selenium, tin, vanadium, and zinc (in galvanized 
steel). All five MFHAP are potential components of blasting substrates.
    Dry Grinding and Dry Polishing Emissions. Some metal fabrication 
and finishing machine operations, such as grinding and polishing, are 
often times dry operations which can emit PM that can contain MFHAP. 
Polishing by hand without the use of machines usually emits little or 
no PM or MFHAP due to the low level of abrasion that potentially can be 
induced by the worker's hands. All the PM or MFHAP in grinding and 
polishing is produced from the work piece itself. Thus, the composition 
of the PM and presence of MFHAP is dependent upon the metal being 
worked. As above for blasting, the metal fabrication and finishing 
substrates typically include metals such as: Cadmium, chromium 
(primarily in stainless steel), iron, lead, magnesium, manganese (in 
both mild and stainless steels), mercury, molybdenum, nickel (in 
stainless steel), selenium, tin, vanadium, and zinc (in galvanized 
steel). All five MFHAP are potential components of metal fabrication 
and finishing substrates and therefore, are also potential emissions 
from operations of dry grinding and dry polishing with machines.
    Machining Emissions. Most of the machining operations in the metal 
fabrication and finishing industry are totally enclosed, where the 
enclosure is part of the equipment. Many of these operations use 
lubricants or liquid coolants, either alone or in conjunction with 
enclosures. Because any emissions generated by these machining 
operations, which would be in the form of PM, are captured or entrained 
in the liquid, little or no emissions are generated. Any MFHAP that is 
released from machining would originate from the part or product being 
machined.
    Spray Painting Emissions. The sources of HAP emissions from spray 
painting operations are the metal pigments and solvents that are in the 
paints. A substantial fraction of paint that is atomized does not reach 
the part and becomes what is termed ``overspray'' and generates HAP 
emissions.
    All five MFHAP are potential components of paint pigments that are 
used to provide color to the paint. The MFHAP are emitted when the 
paints are atomized during spray application. The proposed spray 
painting requirements of this proposed rule would only apply to those 
spray painting operations that spray-apply paints that contain MFHAP. 
Paints are considered to contain MFHAP if they contain any individual 
MFHAP at a concentration greater than 0.1 percent by mass. For the 
purpose of determining whether paints contain MFHAP, facilities would 
be able to use formulation data provided by the manufacturer or 
supplier, such as the material safety data sheet, as long as it 
represents each MFHAP compound in the paint that is present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens and at 1.0 percent by mass or 
more for other MFHAP compounds.
    Paint solvents are used as vehicles for the paint pigments. These 
solvents include VOHAP such as xylenes, toluene, phenol, cresols/
cresylic acid, glycol ethers (including ethylene glycol monobutyl 
ether), styrene, methyl isobutyl ketone, and ethyl benzene. Paints used 
in spray painting are thinned with solvents so that the paints are 
fluid enough to be able to be delivered onto the parts and products via 
narrow spray gun nozzles. The solvents are considered to be completely 
volatilized during spray application of the paint and during curing or 
drying. Most solvents contain HAP. The solvents may also consist of 
volatile organic compound (VOC) emissions which contribute to ozone 
formation, an EPA-regulated criteria pollutant.
    The remaining HAP emissions are primarily from cleaning operations, 
such as cleaning of spray guns. The HAP emissions from both the 
cleaning solvent and the paint removed from the gun can be emitted 
during cleaning. Solvents used for equipment cleaning may contain the 
same HAP as the paints they remove. The HAP Emissions from gun cleaning 
are minimized when cleaning is performed in a manner such that an 
atomized mist or spray of gun cleaning solvent and paint residue is not 
created outside of a container that collects used gun cleaning solvent.

[[Page 18341]]

    Mixing and storage are other sources of HAP emissions. The HAP 
emissions can occur from displacement of HAP-laden air in containers 
used to store HAP solvents or to mix paints containing HAP solvents. 
The displacement of vapor-laden air also can be caused by changes in 
temperature or barometric pressure, or by agitation during mixing.
    Welding Emissions. The type of welding most commonly used in the 
metal fabrication and finishing source categories is thought to be 
electric arc welding. This is also the type of welding that can produce 
the most MFHAP emissions, since a consumable electrode is used. 
Emissions from welding are in the form of a fume, which is defined to 
be particles that are small enough to be airborne for extended periods 
of time and are visible to the human eye. The size of particles in 
welding fume is highly variable with an average size around 1 
micrometer ([mu]m), corresponding to what is commonly called the 
``fume'' size range. Welding fumes have a bimodal distribution, with 
maximum concentrations in ``coarse'' (approximately 1.5 [mu]m) and 
``fine'' (0.52 [mu]m) particle size ranges.
    Welding fumes are a product of the base metal being welded, the 
consumable welding electrode or wire, the shielding gas, and any 
surface coatings or contaminants on the base metal. As much as 95 
percent of the welding fume is thought to originate from the melting of 
the electrode or wire consumable. Welding fume constituents may include 
silica and fluorides, used to aid the welding operation, and HAP metals 
such as antimony, arsenic, beryllium, cobalt, mercury, and selenium, in 
addition to the five MFHAP: Cadmium, chromium, lead, manganese, and 
nickel. As noted above for dry abrasive blasting, chromium and nickel 
are found primarily in stainless steel, whereas manganese is found in 
both mild and stainless steels.
    Among the electric arc welding operations that use a consumable 
electrode, shielded metal arc welding (SMAW) is used in more than 50 
percent of welding. SMAW also was the first welding type to use a 
consumable electrode and suits most general purpose welding 
applications. SMAW, also called manual metal arc welding (MMAW) or 
``stick'' possibly because it uses replaceable welding electrode rods 
that look like sticks, has a high fume formation rate as compared to 
other welding operations. The advantages of SMAW welding include its 
simplicity, low cost, portability, and the fact that a shielding gas is 
not needed. One restriction of SMAW is that since it uses metal rods 
that must be replaced, it is slower than the welding operations which 
use continuous electrodes.
    Another type of welding that uses a consumable electrode and has a 
high fume formation rate is fluxed-core arc welding (FCAW). High fume 
formation occurs because the weld material is a liquid or ``flux'' and 
not a solid wire, and therefore is more volatile.
    Gas metal arc welding (GMAW), originally called metal inert gas 
(MIG) welding because it used an inert gas for shielding, has a 
moderate fume formation rate as compared to other welding operations. 
The advantages of GMAW include its ability to be operated in 
semiautomatic or automatic modes. It is the only consumable welding 
type that can weld all commercially important metals, such as carbon 
steel, high-strength low alloy steel, stainless steel, nickel alloys, 
titanium, aluminum, and copper. With GMAW, a weld can be performed in 
all positions with the proper choice of electrode, shielding gas, and 
welding variables. Compared to SMAW, the rate of deposition of the 
electrode material and therefore welding rate is higher than with GMAW. 
The disadvantage is that the equipment for GMAW is more complex, more 
expensive, and less portable than SMAW.
    Another type of welding that uses a consumable electrode and has a 
low fume formation rate is submerged arc welding (SAW). In this type of 
welding, the welding rod is not exposed to the atmosphere which lowers 
the potential for emissions.
    Two welding operations that use non-consumable electrodes are gas 
tungsten arc welding (GTAW) that is also called tungsten inert gas 
(TIG), and plasma arc welding (PAW). Because consumable electrodes are 
not used, this type of welding has low or no emissions.
    The choice of welding method is determined by many variables that 
include but are not limited to substrate material and shape; type of 
weld needed; skill of welder; and amount of welding to be done, 
therefore, a change from one type of welding to another is not always 
possible.
    The shape of the material is another variable that can affect fume 
formation rate. It also has been found that when the angle of welding 
is closer to 90[deg], lower fume formation occurs. If the shape of the 
part to be welded prevents re-positioning the welding equipment, this 
pollution prevention technique also cannot be used.
    In terms of welding rod feed rate, it has been found that the 
higher the wire feed rate the higher the fume formation rate. Also, a 
low fume welding rod that reduces fume by 30 percent as compared to 
other available products has been reported as recently available for 
use with FCAW. Minor effects to reduce fume formation rate have also 
been attributed to the speed that the welding torch moves along the 
weld, i.e., the ``travel speed.''
    Carrier or shielding gas type and flow rate are also variables that 
have been found to affect welding fume formation rate. Substitution of 
argon gas reduces the fume formation rate. A reduction in fume of 
approximately 40 percent has been reported if argon is replaced as the 
shielding gas. The shield gas flowrate also can be optimized, with 35 
cubic feet per hour the reported optimum rate. This rate is in the 
middle of the usual operating range and is thought to be low enough to 
minimize turbulence but high enough to protect the worker.
    Voltage and current play a key role in the welding fume formation 
rate. While low voltage and/or current is known to lower the fume 
formation rate, the use of a pulsed current has been found to lower 
fume formation by up to 90 percent of the rate with straight current 
for some types of welding operations. The reduction in welding fume 
with a pulsed current is due to the change in metal electrode transfer 
mode from globular to spray, that results from moderately increasing 
the voltage and delivering a pulsed rather than steady current. There 
is also a voltage window in which the fume rate reduction occurs, since 
with too high voltage, a shift from spray to stream mode occurs along 
with a subsequent increase in emissions. Pulsed current is only 
successful if used with GMAW, which is itself a pollution prevention 
technique since it has one of the lowest fume formation rates of 
welding performed with consumable electrodes.
    Welding emissions have been found to be reduced when automation is 
used. Since automated welding is faster and more efficient than manual 
welding, total emissions are lower even though the overall fume 
formation rate of the automated welding remains the same as with manual 
welding.
    Emissions of MFHAP in welding fume are also subject to regulations 
by the OSHA, a U.S. government agency that develops work place emission 
standards. The sole goal of OSHA regulations is to protect the worker 
from being exposed to high concentrations of pollutants, such as MFAP. 
The OSHA regulations set standards for MFHAP concentration as measured 
in the breathing zone of the workers, as a time-weighted average over 
the time period of a typical work shift (usually 6 hours

[[Page 18342]]

or more). The OSHA limits for MFHAP are as follows:


------------------------------------------------------------------------
                                                            OSHA limit
                                                            (micrograms
                      Welding MFHAP                          per cubic
                                                              meter)
------------------------------------------------------------------------
cadmium fume............................................               5
chromium, hexavalent....................................               5
chromium, total metal...................................           1,000
lead....................................................              50
manganese...............................................           5,000
nickel..................................................           1,000
------------------------------------------------------------------------

The OSHA hexavalent chromium exposure limit was reduced in 2006 from 52 
to 5 micrograms per cubic meter ([mu]g/m\3\). The American Conference 
of Government Industrial Hygienists, an association of occupational 
health professionals, recommends a worker exposure limit for ``total 
welding fume'' of 5,000 [mu]g/m\3\.
3. Metal Fabrication and Finishing HAP Emission Controls
    A variety of methods is used to control emissions from the metal 
fabrication and finishing operations. Some methods are designed to 
reduce emissions through pollution prevention or management practices, 
and other methods involve capturing emissions and exhausting them to an 
add-on emission control device. The most widely-used methods of control 
employed by the metal fabrication and finishing operations are 
discussed below.
    Dry Abrasive Blasting Controls. Small self-contained ``glove box'' 
dry abrasive blasting operations are used for small parts and typically 
have no vents to the atmosphere, thus no emissions. These devices are 
considered controlled operations as typically operated. When using 
glove boxes, the worker places their hands in openings or gloves that 
extend into the box and enables the worker to hold the objects as they 
are being blasted without allowing air and blast material to escape the 
box. Because of the proximity of the worker to the glove box and the 
blasting operation, no abrasive material can be allowed to be emitted.
    Larger dry abrasive blasting operations are performed in enclosures 
and are typically equipped with cartridge filters or other external 
add-on control devices that collect degraded or ``used'' blast material 
and particles removed from the parts or products. These control 
systems, which consist of enclosures and filters, can achieve at least 
95 percent control of PM, as a surrogate for MFHAP, if operated 
according to the manufacturer's specifications. Used blast material is 
recycled via screening, sieving, or other methods to remove degraded 
media and return the blast material to its original condition. 
Significant cost savings are realized through recycling of the blast 
material. Some dry abrasive blasting operations are not completely 
enclosed, or are performed outdoors. Emissions from these operations 
are controlled or reduced via partial enclosures and also the use of 
management practices. These practices include good choice of blast 
media which is less likely to break down into fine PM; avoiding re-use 
of blast media, or filtration of blast media to remove broken 
particles; and avoiding blasting outside during periods of high winds.
    Dry Grinding and Dry Polishing with Machines Controls. These 
machine operations emit significant metal PM if uncontrolled, 
therefore, these operations, if not totally enclosed, use control 
systems to control the PM emitted. The control systems are composed of 
local capture devices with cartridge, fabric, or high-efficiency 
particulate air (HEPA) filters as control devices. These control 
systems are known to achieve 85 percent overall control of PM, as a 
surrogate for MFHAP, considering the efficiency of both the capture and 
control devices. The large amount of fine PM generated during these 
operations would make the work environment unbearable for the workers 
if not controlled, hence constant PM control is standard industry 
practice and an integral part of all dry grinding and dry polishing 
with machine operations at metal fabrication and finishing facilities.
    Machining Controls. The MFHAP emitted by machining operations 
consist of large particles or metal shavings that are so large they 
immediately fall to the floor. The machines used today to perform 
precision cutting and forming are totally enclosed except for doors 
that open to allow placement of the part to be machined. The doors are 
closed before the machining begins; therefore, no MFHAP or PM is 
emitted into the workplace during machining operations. Some machining 
operations also use lubricants and cutting oils to keep the equipment 
cooled and working properly and, therefore, concurrently entrain any 
fine particles that are generated. These ``wet'' machining operations 
also do not generate any MFHAP or PM emissions during operation. This 
industry has evolved since 1990, where machining operations were open 
and a large source of PM and MFHAP, to the current industry practice of 
totally enclosing the machining operations.
    Spray Painting Controls. There are three primary means of 
controlling emissions from painting operations: Reduction of overspray; 
capture of overspray with a spray booth and control of the MFHAP by 
filtration or a water scrubbing system; and changes to paint 
composition to reduce solvent and VOHAP content.
    Reduction of overspray can have a significant effect on emissions 
of both MFHAP and VOHAP. The fraction of applied paint that becomes 
overspray depends on many variables, but two of the most important are 
the type of equipment and the skill of the painter. High velocity low 
pressure spray guns or other high-efficiency technologies, such as 
airless spray guns or electrostatic technologies, can significantly 
reduce the amount of overspray, and thus reduce emissions. Worker 
training is particularly important with these technologies, because 
they require even experienced painters to learn new techniques. Many 
types of training programs are available and many facilities perform 
their own training ``in-house.'' The best known of the external 
training programs is the Spray Technique Analysis and Research 
(STAR[supreg]) program study that originated at the University of 
Northern Iowa Waste Reduction Center and has now been adopted at 37 
locations (primarily community colleges) throughout the United States.
    Some overspray lands on surfaces of the spray booth and the masking 
paper that is usually placed around the surface being sprayed, but the 
rest of the overspray is contained by the spray booth and drawn into 
the spray booth exhaust system. The large amount of PM generated during 
paint spraying makes it necessary to control the PM emitted at all 
times to protect the worker and working environment. If the spray booth 
has filters, most of the overspray PM and metals are captured by the 
filters; otherwise, the emissions are exhausted to the atmosphere. 
Spray booths controlled by fabric filters can reduce PM and MFHAP 
emissions by 98 percent, if operated properly. Water curtains can also 
be used for controlling emissions from spray booths.
    As a result of efforts to reduce the impact of HAP- and VOC-
containing paint solvents on the environment, many paint manufacturers 
have developed lower solvent-content paints, also referred to as 
``water-based'' paints. Water-based paints may have up to 30 percent 
VOHAP-containing solvent, with the balance of the paint vehicle 
consisting of water; however, the level of solvent in water-based 
paints is much less than the previous 80 percent or

[[Page 18343]]

more VOHAP that is contained in solvent-based paints. As a result of 
the lower VOHAP solvent content, water-based paints in general have a 
lower VOHAP content than solvent-based paints. The regulations 
promulgated to fulfill section 112 of the CAA for major sources had a 
direct effect on increasing the market availability of lower-HAP and -
VOC paints in all market areas, including miscellaneous metal parts, 
plastic parts, large appliances, autobody refinishing, and 
architectural and industrial maintenance coatings. Many State air 
toxics regulations require the use of commonly called ``compliant 
coatings,'' where the only paints or coatings allowed to be used in 
certain areas must contain a solvent content lower than a designated 
level in order to be ``compliant'' with the regulation. The use of 
compliant coatings is a pollution prevention control method.
    Some regulations which require compliant coatings set one limit for 
all paints while others require different limits depending on the 
purpose of the paint. Other regulations permit a weighted averaging of 
the solvent content of the paints used, where facilities are permitted 
to use paints with higher solvent contents as long as their use is 
offset by paints with lower solvent content. This latter method of 
compliance is considered a more flexible approach that allows 
facilities to balance their use of solvents to where it is needed most. 
In addition, some facilities may choose to use add-on controls such as 
solvent recovery units, thermal incineration, or carbon absorbers to 
control VOHAP emissions for situations where the solvent content cannot 
be reduced to a compliant coating level. These add-on controls are 
known to achieve at least 95 percent control of VOHAP.
    Welding Controls. Many different welding operations are commonly 
used in the metal fabrication and finishing industry, as discussed 
above under welding emissions. Consequently, there are many possible 
means of reducing emissions. Not all control methods are appropriate 
for all types of welding operations, however, and thus there is no one 
``best'' method to reduce welding fume or PM, as a surrogate for MFHAP. 
The two primary categories of emission control for welding are fume 
reduction through pollution prevention and management practices, and 
capture and control of the welding fume.
    The primary variable in pollution prevention for welding is the 
type of welding wire or electrode used. Over 95 percent of welding fume 
is thought to originate from the filler or electrode material with the 
remainder coming from the base material. If the wire consists of MFHAP-
containing material, such as chromium or nickel, then the emissions of 
these MFHAP are more likely. Since the weld or wire material must 
closely match the material being welded in order to be effective, the 
choice of weld material may not be able to be altered by the facility 
for some or all of its products. For example, if stainless steel is a 
required material due to the specifications of the part or product by 
the customers, the potential for chromium emissions in these operations 
cannot be prevented.
    The choice of welding type, which impacts the potential fume 
formation rate, also provides opportunities for pollution prevention. 
The type of welding method used at metal fabrication and finishing 
facilities is determined by many variables that include but are not 
limited to substrate material and shape; type of weld needed; skill of 
welder; and amount of welding to be done. Therefore, a change from one 
type of welding to another is not always possible.
    Welding which does not use a consumable electrode has a much lower 
emission potential, as noted above in the ``Welding Emissions'' 
discussion. Two common welding operations that use non-consumable 
electrodes are GTAW, also called TIG, and PAW. Switching from welding 
that uses a consumable electrode to one of the above operations that 
does not use a consumable electrode is a form of pollution prevention.
    Among the welding operations that use a consumable electrode, SMAW, 
also called MMAW or ``stick,'' is the most widely used electric arc 
welding. However, SMAW has a high fume formation rate as compared to 
other welding operations. Another welding type that also has a high 
fume formation rate is FCAW. GMAW, also called MIG, has a moderate fume 
formation rate as compared to other welding operations. The 
disadvantage of GMAW is that the equipment for GMAW is more complex, 
more expensive, and less portable than SMAW. Another type of welding 
that uses consumable electrodes and has a relatively lower fume 
formation rate is SAW. Switching from welding that has a relatively 
higher fume formation rate, such as SMAW or FCAW, to one that has a 
lower rate, such as GMAW or SAW, is a form of pollution prevention.
    Other welding variables have been determined to have a favorable 
effect on fume formation rates. Optimizing these variables for the 
specific task at hand is a form of pollution prevention. These 
variables include optimized welding rod feed rate, use of low fume 
welding rods; fast welding torch travel speed; optimized carrier or 
shielding gas flow rate; substitution of inert shielding gas, such as 
argon, for carbon dioxide shielding gas; lowering the welding voltage; 
pulsing the applied current; and the use of automation, i.e., robotics. 
Note that pulsing the current is only successful if used with GMAW, 
which is itself a pollution prevention technique since it has one of 
the lowest fume formation rates for welding performed with consumable 
electrodes.
    In addition to the numerous management and pollution prevention 
practices that reduce welding fume generation, some facilities use 
capture and control devices to collect welding fume after it is 
generated. Hoods and other local exhaust techniques are used to collect 
the welding fume which is then vented to cartridge, fabric, or HEPA 
filters. Some of these control systems may only partially capture the 
welding fume. The advantage of using local capture systems as opposed 
to room ventilation is that it provides the ability to move the control 
device to different welding stations as needed. Very few facilities in 
the metal fabrication and finishing source categories use full room 
ventilation and PM control to reduce welding emissions. This is due to 
the competing requirements to ventilate the breathing zone of the 
worker to comply with OSHA regulations and the need to minimize the 
amount of exhaust air going to ventilation and add-on control devices.
    The use of control systems is not always possible because the 
capture systems may affect the air flow pattern around welding 
operations and, therefore, interfere with the success of the weld. 
Another difficulty with local exhaust is the need to position and 
sometimes reposition the capture equipment so as to be most effective 
during welding operations without causing more fumes to enter the 
breathing zone of the worker.
    Fume control welding guns, commonly called fume guns, have been 
developed where the welding fume is captured by the same device that 
performs the welding. Mixed success has been reported with these 
devices because of problems with the ergonomics of using the fume guns.
    In the EPA survey of metal fabrication and finishing facilities, 
only 20 percent of facilities with welding stations used controls 
devices or fume guns. These control systems are known to achieve 85 
percent overall PM control efficiency, as a surrogate for MFHAP, 
considering the efficiency of both the capture and control devices.

[[Page 18344]]

III. Summary of Proposed Standards

A. Do the proposed standards apply to my source?

    The proposed subpart XXXXXX applies to new or existing affected 
metal fabrication and finishing area sources in one of the following 
nine source categories (listed alphabetically) that emit MFHAP: (1) 
Electrical and Electronic Equipment Finishing Operations; (2) 
Fabricated Metal Products; (3) Fabricated Plate Work (Boiler Shops); 
(4) Fabricated Structural Metal Manufacturing; (5) Heating Equipment, 
except Electric; (6) Industrial Machinery and Equipment: Finishing 
Operations; (7) Iron and Steel Forging; (8) Primary Metal Products 
Manufacturing; and (9) Valves and Pipe Fittings. A more detailed 
description of these source categories can be found in section II(B) 
above. If you have any questions regarding the applicability of this 
action to a particular entity, consult either the air permit authority 
for the entity or your EPA regional representative as listed in 40 CFR 
63.13 of subpart A (General Provisions). Facilities affected by this 
proposed rule are not subject to the miscellaneous coating requirements 
in 40 CFR part 63, subpart HHHHHH, ``National Emission Standards for 
Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources,'' for their source(s) subject to 
the requirements of this proposed rule. There potentially may be other 
sources at the facility not subject to the requirements of this 
proposed rule that are instead subject to subpart HHHHHH of this part.

B. When must I comply with these proposed standards?

    All existing area source facilities subject to this proposed rule 
would be required to comply with the rule requirements no later than 2 
years after the date of publication of the final rule in the Federal 
Register.

C. For what processes is EPA proposing standards?

    In our research for this proposed rule, we found that there are 
five general production operations common to the nine metal fabrication 
and finishing source categories that can emit MFHAP. These five 
production operations are: (1) Dry abrasive blasting; (2) dry grinding 
and dry polishing with machines; (3) machining; (4) spray painting; and 
(5) welding. In our review of the available data, we observed 
significant differences for some of the five metal fabrication and 
finishing operations. As explained below, as the result of these 
differences we have further differentiated some of the above five 
operations. We identify below nine distinct metal fabrication and 
finishing processes for the purposes of this proposed rule.
    For dry abrasive blasting operations, we determined that there were 
two distinct sizes of products being blasted that affected the manner 
in which the blasting was performed: products more than 8 feet in any 
dimension, and products equal to or less than 8 feet. For products 
under 8 feet, we also observed that some of these products were blasted 
in completely enclosed chambers that did not allow any air or emissions 
to escape. Therefore, we developed three distinct dry abrasive blasting 
processes: (1) Dry abrasive blasting of objects less than or equal to 8 
feet in any dimension in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting of objects less than or equal to 8 
feet in any dimension performed in vented enclosures, and (3) dry 
abrasive blasting of objects greater than 8 feet in any dimension.
    In spray painting operations that emit MFHAP, we also determined 
that there were two distinct sizes of products being painted that 
affected the manner in which the process was performed: products more 
than 15 feet in any dimension, and products equal to or less than 15 
feet in any dimension. Therefore we developed two distinct spray 
painting processes: (1) Spray painting of objects less than or equal to 
15 feet in any dimension, and (2) spray painting of objects greater 
than 15 feet in any dimension. However, for the purposes of controlling 
VOHAP, we did not distinguish between object size, therefore the 
standards proposed for control of VOHAP emissions from spray painting 
includes only one proposed GACT requirement.
    For dry grinding and dry polishing with machines, machining, and 
welding, we did not observe any distinct differences that would warrant 
further distinguishing the operations into separate processes. 
Therefore, these three processes combined with the three for dry 
abrasive blasting and three for painting results described above, 
results in nine total processes addressed by this proposed rule, as 
follows: (1) Dry abrasive blasting objects less than or equal to 8 feet 
in any dimension, performed in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting of objects less than or equal to 8 
feet in any dimension, performed in vented enclosures; (3) dry abrasive 
blasting of objects greater than 8 feet in any dimension; (4) dry 
grinding and dry polishing with machines; (5) machining; (6) control of 
VOHAP from spray painting; (7) control of MFHAP in the spray painting 
of objects less than or equal to 15 feet in any dimension; (8) control 
of MFHAP in the spray painting of objects greater than 15 feet in any 
dimension; and (9) welding.

D. What emissions control requirements is EPA proposing?

    We are proposing control requirements for nine metal fabrication 
and finishing processes described above in section (C). The following 
is a description of these proposed control requirements. The emission 
control requirements proposed here do not apply to tool or equipment 
repair; or research and development operations.
1. Standards for Dry Abrasive Blasting of Objects Less Than or Equal To 
8 Feet in Any Dimension, Performed in Completely Enclosed and Unvented 
Blast Chambers
    Completely enclosed and unvented blast chambers are generally small 
``glove box'' type dry abrasive blasting operations. Because there are 
no vents or openings in the enclosures, there are no emissions directly 
from the operation itself.
    This proposed rule would require owners or operators of completely 
enclosed and unvented blast chambers to comply with the following two 
management and pollution prevention practices: (1) Minimize dust 
generation during emptying of the enclosure; and (2) operate all 
equipment used in the blasting operation according to manufacturer's 
instructions.
2. Standards for Dry Abrasive Blasting of Objects Less than or Equal to 
8 Feet in Any Dimension, Performed in Vented Enclosures
    This proposed rule would require owners or operators of affected 
new and existing dry abrasive blasting operations blasting substrates 
of less than or equal to 8 feet in any dimension to perform blasting 
with a control system that includes an enclosure, as a capture device, 
and a cartridge, fabric or HEPA filter as a control device that is 
designed to control PM emissions, as a surrogate for MFHAP, from the 
process. These control systems using filters can achieve at least 95 
percent control efficiency of PM, as a surrogate for MFHAP, if operated 
according to the manufacturer's specifications.
    An enclosure is defined to be any structure that includes a roof 
and at least two complete walls, with side curtains and ventilation as 
needed to insure that no air or PM exits the chamber while blasting is 
performed. Apertures or slots may be present in the

[[Page 18345]]

roof or walls to allow for transport of the blasted objects using 
overhead cranes, or cable and cord entry into the blasting chamber. 
Facilities that would like to use equipment other than those listed 
above can seek approval to do so pursuant to the procedures in Sec.  
63.6(g) of the General Provisions to part 63, which require the owner 
or operator to demonstrate that the alternative means of emission 
limitation achieves at least equivalent HAP emission reductions as the 
controls specified in this proposed rule.
    This proposed rule also would require owners or operators of all 
affected new and existing dry abrasive blasting operations blasting 
substrates of less than or equal to 8 feet in any dimension to comply 
with the following three management and pollution prevention practices: 
(1) Keep work areas free of excess dust by regular sweeping or 
vacuuming to control the accumulation of dust and other particles; 
regular sweeping or vacuuming is defined to be sweeping or vacuuming 
conducted once per day, once per shift, or once per operation as 
needed, depending on the severity of dust generation; (2) enclose dusty 
material storage areas and holding bins, seal chutes and conveyors; and 
(3) operate all equipment according to manufacturer's instructions.
3. Standards for Dry Abrasive Blasting of Objects Greater Than 8 Feet 
in Any Dimension
    This proposed rule would require owners or operators of affected 
new and existing dry abrasive blasting operations that blast substrates 
greater than 8 feet in any dimension to comply with the following 
management and pollution prevention practices to minimize MFHAP 
emissions from the processes: (1) Do not perform blasting outside when 
wind velocity is greater than 25 miles per hour; (2) switch from high 
PM-emitting blast media (e.g., sand) to low PM-emitting blast media 
(e.g., steel shot, aluminum oxide), whenever practicable; (3) do not 
blast substrates having coatings containing lead (>0.1 percent lead), 
unless enclosures, barriers, or other PM control methods are used to 
collect the lead particles; and (4) do not re-use the blast media 
unless contaminants (i.e., any material other than the base metal, such 
as paint residue) have been removed by filtration or screening so that 
the abrasive material conforms to its original size and makeup.
    This proposed rule would also require owners or operators of 
affected dry abrasive blasting operations that blast substrates greater 
than 8 feet in any dimension to comply with the following three 
management and pollution prevention practices: (1) Keep work areas free 
of excess dust by regular sweeping or vacuuming to control the 
accumulation of dust and other particles; regular sweeping or vacuuming 
is defined to be sweeping or vacuuming conducted once per day, once per 
shift, or once per operation as needed, depending on the severity of 
dust generation; (2) enclose dusty material storage areas and holding 
bins, seal chutes and conveyors; and (3) operate all equipment 
according to manufacturer's instructions.
4. Standards for Dry Grinding and Dry Polishing With Machines
    Dry grinding and dry polishing with machines operations often emit 
significant PM, which is a surrogate for MFPM. This proposed rule would 
require owners or operators of affected new and existing dry grinding 
and dry polishing with machines operations to capture PM emissions, as 
a surrogate for MFHAP, with capture devices and vent the exhaust to a 
cartridge, fabric, or HEPA filter. These control systems are known to 
achieve at least 85 percent overall PM control efficiency, as a 
surrogate for MFHAP, if operated according to the manufacturer's 
specifications. Facilities that would like to use equipment other than 
those listed above can seek approval to do so pursuant to the 
procedures in Sec.  63.6(g) of the General Provisions to part 63, which 
require the owner or operator to demonstrate that the alternative means 
of emission limitation achieves at least equivalent HAP emission 
reductions as the controls specified in this proposed rule.
    This proposed rule would also require owners or operators of 
affected new and existing dry grinding and dry polishing with machines 
operations to comply with the following two management and pollution 
prevention practices: (1) Keep work areas free of excess dust by 
regular sweeping or vacuuming to control the accumulation of dust and 
other particles; regular sweeping or vacuuming is defined to be 
sweeping or vacuuming conducted once per day, once per shift, or once 
per operation as needed, depending on the severity of dust generation; 
and (2) operate all equipment used in dry grinding and dry polishing 
with machines according to manufacturer's instructions.
5. Standards for Machining
    The majority of the PM released by machining operations consists of 
large particles or metal shavings that fall immediately to the floor. 
Any MFHAP that is released would originate from the part or product 
being machined. Machining is totally enclosed and/or uses lubricants or 
liquid coolants that do not allow small particles to escape. This 
proposed rule would require owners or operators of affected new and 
existing machining operations to comply with the following two 
management and pollution prevention practices to minimize dust 
generation in the workplace: (1) Keep work areas free of excess dust by 
regular sweeping or vacuuming to control the accumulation of dust and 
other particles; regular sweeping or vacuuming is defined to be 
sweeping or vacuuming conducted once per day, once per shift, or once 
per operation as needed, depending on the severity of dust generation; 
and (2) operate equipment used in machining operations according to 
manufacturer's instructions.
6. Standards for Control of VOHAP from Spray Painting Operations
    Spray painting operations can be significant sources of VOHAP 
emissions. This proposed rule would require owners or operators of 
spray painting operations from affected sources that have the potential 
to emit VOHAP to use paints containing no more than 3.0 pounds VOHAP 
per gallon paint solids (0.36 kilograms per liter (kg/liter)) on an 
annual (12-month) rolling average basis. Two methods of complying with 
this standard are provided. One option would require that all paints 
are demonstrated as meeting the VOHAP limit. The second option would 
require facilities to meet the VOHAP limit using a 12-month rolling 
weighted average. In this second option, some paints can be above the 
VOHAP limit as long as their use is balanced by other paints that are 
below the limit, such that the overall weighted average of all paints 
and their VOHAP content is calculated to be at or below the VOHAP limit 
that would be required by this proposed rule.
    This proposed rule would also require owners or operators of new 
and existing spray painting operations that have the potential to emit 
VOHAP to comply with the following two management and pollution 
prevention practices: (1) Minimize VOHAP emissions during mixing, 
storage, and transfer of paints; and (2) keep paint and solvent lids 
tightly closed when not in use.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to VOHAP and MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities and,

[[Page 18346]]

therefore, we do not cover these materials or activities in this 
proposed rule:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with high velocity low 
pressure (HVLP) or equivalent spray guns, and the application of 
coatings that normally have a dried film thickness of less than 0.0013 
centimeter (0.0005 in.).
7. Standards for Control of MFHAP from Spray Painting of Objects 
Greater Than 15 Feet in Any Dimension
    This proposed rule would require owners or operators of affected 
new and existing spray painting of objects greater than 15 feet in any 
dimension to comply with one equipment standard, to use of low-emitting 
and pollution preventing spray gun technology. This proposed rule also 
would require two management practices: (1) Spray painter training and 
(2) spray gun cleaning.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities, and, therefore, we do not cover these materials or 
activities in this proposed rule:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with HVLP or equivalent spray 
guns, and the application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.).
    Spray painting also does not include thermal spray operations, also 
known as metallizing, flame spray, plasma arc spray, and electric arc 
spray, among other names, in which solid metallic or non-metallic 
material is heated to a molten or semi-molten state and propelled to 
the work piece or substrate by compressed air or other gas, where a 
bond is produced upon impact. Thermal spraying operations at area 
sources are subject to the Plating and Polishing Area Source NESHAP, 
subpart WWWWWW of this part.
    Spray Gun Technology Requirements. This proposed rule would require 
all affected new and existing facilities using spray-applied paints to 
use HVLP spray guns, electrostatic application, or airless spray 
techniques. Alternatively, an equivalent technology can be used if it 
is demonstrated to achieve transfer efficiency comparable to one of the 
spray gun technologies listed above for a comparable operation, and for 
which written approval has been obtained from the Administrator or 
delegated authority.
    The procedure to be used to demonstrate that spray gun transfer 
efficiency is equivalent to that of an HVLP spray gun should be 
equivalent to the California South Coast Air Quality Management 
District's ``Spray Equipment Transfer Efficiency Test Procedure for 
Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating 
Equivalency with District Approved Transfer Efficient Spray Guns, 
September 26, 2002'' (incorporated by reference, see Sec.  63.14 of 
subpart A of this part). The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You may obtain a copy from the California South Coast 
Air Quality Management District Web site at http://www.aqmd.gov/permit/
docspdf/TransferEfficiencyTestingGuidelinesforHVLPEquivalency.pdf and 
http://www.aqmd.gov/permit/docspdf/Spray-Eqpt-Trfr-Efficiency.pdf. You 
may inspect a copy at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. The proposed 
requirements of this paragraph do not apply to painting performed by 
students and instructors at paint training centers.
    Spray Painting Training Requirements. This proposed rule would 
require all workers that perform spray painting at affected new and 
existing facilities to be trained, with certification made available 
that this training has occurred. The painters would need to be 
certified as having completed classroom and hands-on training in the 
proper selection, mixing, and application of paints, or the equivalent. 
Refresher training would need to be repeated at least once every 5 
years. These requirements would not apply to operators of robotic or 
automated surface painting operations. The initial and refresher 
training would need to address the following topics to reduce paint 
overspray, which has a direct effect on emissions reductions, as 
follows:
     Spray gun equipment selection, set up, and operation, 
including measuring paint viscosity, selecting the proper fluid tip or 
nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
     Routine spray booth and filter maintenance, including 
filter selection and installation.
    For the purposes of the proposed training requirements, the 
facility owner or operator may certify that their employees have 
completed training during ``in-house'' training programs. Also, 
facilities that can show by documentation or certification that a 
painter's work experience and/or training has resulted in training 
equivalent to the training described above would not be required to 
provide the initial training required for these painters.
    Spray painters have 180 days to complete training after hiring or 
transferring into a surface painting job from another job in the 
facility. These proposed training requirements would not apply to the 
students of an accredited surface painting training program who are 
under the direct supervision of an instructor who meets the 
requirements of this paragraph. The training and certification for this 
rule would be valid for a period not to exceed 5 years after the date 
the training is completed.

[[Page 18347]]

    Spray Gun Cleaning Requirements. This proposed rule would require 
all paint spray gun cleaning operations at affected new and existing 
facilities to use an atomized mist or spray such that the gun cleaning 
solvent and paint residue is not created outside of the container that 
collects the used gun cleaning solvent. Spray gun cleaning may be done, 
for example, by hand cleaning of parts of the disassembled gun in a 
container of solvent, by flushing solvent through the gun without 
atomizing the solvent and paint residue, or by using a fully enclosed 
spray gun washer. A combination of these non-atomizing methods above 
may also be used.
8. Standards for Control of MFHAP From Spray Painting Objects Less Than 
or Equal to 15 Feet in Any Dimension
    This proposed rule would require affected new and existing 
facilities that are spray painting objects less than or equal to 15 
feet in any dimension to comply with two equipment standards: (1) Use 
of low-emitting and pollution preventing spray gun technology, and (2) 
use of spray booth PM filters. This proposed rule also would require 
two management practices: (1) Spray painter training; and (2) spray gun 
cleaning.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with HVLP or equivalent spray 
guns, and the application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.).
    Spray painting also does not include thermal spray operations, also 
known as metallizing, flame spray, plasma arc spray, and electric arc 
spray, among other names, in which solid metallic or non-metallic 
material is heated to a molten or semi-molten state and propelled to 
the work piece or substrate by compressed air or other gas, where a 
bond is produced upon impact. Thermal spraying operations at area 
sources are subject to the Plating and Polishing Area Source NESHAP, 
subpart WWWWWW of this part.
    Spray Gun Technology Standards. This proposed rule would require 
all affected new and existing facilities using spray-applied paints to 
use HVLP spray guns, electrostatic application, or airless spray 
techniques. Alternatively, an equivalent technology can be used if it 
is demonstrated to achieve transfer efficiency comparable to one of the 
spray gun technologies listed above for a comparable operation, and for 
which written approval has been obtained from the Administrator or 
delegated authority.
    The procedure to be used to demonstrate that spray gun transfer 
efficiency is equivalent to that of an HVLP spray gun should be 
equivalent to the California South Coast Air Quality Management 
District's ``Spray Equipment Transfer Efficiency Test Procedure for 
Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating 
Equivalency with District Approved Transfer Efficient Spray Guns, 
September 26, 2002'' (incorporated by reference, see Sec.  63.14 of 
subpart A of this part). The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You may obtain a copy from the California South Coast 
Air Quality Management District Web site at http://www.aqmd.gov/permit/
docspdf/TransferEfficiencyTestingGuidelinesforHVLPEquivalency.pdf and 
http://www.aqmd.gov/permit/docspdf/Spray-Eqpt-Trfr-Efficiency.pdf. You 
may inspect a copy at the NARA. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html. The requirements of this paragraph would not apply to 
painting performed by students and instructors at paint training 
centers.
    Spray Booth PM Control Requirement. This proposed rule would 
require the surface preparation stations or spray booths \3\ of 
affected new and existing facilities to be fitted with fiberglass or 
polyester fiber filters or other comparable filter technology that can 
be demonstrated to achieve at least 98 percent control efficiency of 
paint overspray (also referred to as ``arrestance''). As an alternate 
compliance option, spray booths can be equipped with a water curtain, 
called a ``waterwash'' or ``waterspray'' booth.
---------------------------------------------------------------------------

    \3\ The spray booth roof may contain narrow slots for connecting 
the parts and products to overhead cranes, or for cord or cable 
entry into the spray booth.
---------------------------------------------------------------------------

    98 Percent PM Control Filter--For spray booths equipped with a PM 
filter, the procedure used to demonstrate filter efficiency would need 
to be consistent with the American Society of Heating, Refrigerating, 
and Air-Conditioning Engineers (ASHRAE) Method 52.1, ``Gravimetric and 
Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General 
Ventilation for Removing Particulate Matter, June 4, 1992'' 
(incorporated by reference, see Sec.  63.14 of subpart A of this part). 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain a copy from the ASHRAE at 1791 Tullie Circle, NE., Atlanta, GA 
30329 or by electronic mail at orders@ashrae.org. You may inspect a 
copy at the NARA. For information on the availability of this material 
at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_locations.html. Compliance 
with the filter efficiency standard also can be demonstrated through 
data provided by the filter manufacturer. The test paint for measuring 
filter efficiency would be a high solids bake enamel delivered at a 
rate of at least 135 grams per minute from a conventional (non-HVLP) 
air-atomized spray gun operating at 40 pounds per square inch air 
pressure; the air flow rate across the filter shall be 150 feet per 
minute. Affected facilities may use published filter efficiency data 
provided by filter vendors to demonstrate compliance with this proposed 
requirement and would not be required to perform this measurement.
    Waterwash spray booths--As an alternative compliance option, spray 
booths may be equipped with a water curtain that achieves at least 98 
percent control of MFHAP. The waterwash or ``waterspray'' spray booths 
would be required to be operated and maintained according to the 
manufacturer's specifications.
    Spray Painting Training Requirements. This proposed rule would 
require all workers that perform spray painting at affected new and 
existing facilities to be trained, with certification made available 
that this training has occurred. The painters would need to be 
certified as having completed classroom and hands-on

[[Page 18348]]

training in the proper selection, mixing, and application of paints, or 
the equivalent. Refresher training would need to be repeated at least 
once every 5 years. These requirements would not apply to operators of 
robotic or automated surface painting operations. The initial and 
refresher training would need to address the following topics to reduce 
paint overspray, which has a direct effect on emissions reductions, as 
follows:
     Spray gun equipment selection, set up, and operation, 
including measuring paint viscosity, selecting the proper fluid tip or 
nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
     Routine spray booth and filter maintenance, including 
filter selection and installation.
    For the purposes of the proposed training requirements, the 
facility owner or operator may certify that their employees have 
completed training during ``in-house'' training programs. Also, 
facilities that can show by documentation or certification that a 
painter's work experience and/or training has resulted in training 
equivalent to the proposed training described above would not be 
required to provide the initial training required for these painters.
    Spray painters have 180 days to complete training after hiring or 
transferring into a surface painting job from another job in the 
facility. These proposed training requirements do not apply to the 
students of an accredited surface painting training program who are 
under the direct supervision of an instructor who meets the 
requirements of this paragraph. The training and certification for this 
proposed rule would be valid for a period not to exceed 5 years after 
the date the training is completed.
    Spray Gun Cleaning Requirements. This proposed rule would require 
all paint spray gun cleaning operations at affected new and existing 
facilities to use an atomized mist or spray such that the gun cleaning 
solvent and paint residue is not created outside of the container that 
collects the used gun cleaning solvent. Spray gun cleaning may be done, 
for example, by hand cleaning of parts of the disassembled gun in a 
container of solvent, by flushing solvent through the gun without 
atomizing the solvent and paint residue, or by using a fully enclosed 
spray gun washer. A combination of these non-atomizing methods above 
may also be used.
9. Standards for Welding
    This proposed rule would require owners or operators of affected 
new and existing welding operations to minimize or reduce welding fume 
by implementing the following 11 management and pollution prevention 
practices to be used as practicable:
    (a) Use low fume welding processes whenever possible. These welding 
processes include but are not limited to: GMAW--also called MIG; GTAW--
also called TIG; PAW; SAW; and all welding processes that do not use a 
consumable electrode;
    (b) Use shielding gases, as appropriate to the type of welding 
used;
    (c) Use an inert carrier gas, such as argon, as practicable to the 
type of welding used;
    (d) Use low or no-HAP welding materials and substrates;
    (e) Operate with a welding angle close to 90[deg];
    (f) Optimize electrode diameter;
    (g) Operate with lower voltage and current;
    (h) Use low fume wires, as appropriate to the type of welding used;
    (i) Optimize shield gas flow rate, as applicable to the type of 
welding used;
    (j) Use low or optimized torch speed; and
    (k) Use pulsed-current power supplies, as applicable to the type of 
welding used.
    As a compliance alternative to the management practices for welding 
processes, facilities may use control systems that reduce at least 85 
percent of the welding fume, as a surrogate for MFHAP, with operation 
of the capture and control devices according to the manufacturer's 
instructions.

E. What are the initial compliance requirements?

    To demonstrate initial compliance with this proposed rule, owners 
or operators of affected new and existing sources with dry abrasive 
blasting, machining, dry grinding and dry polishing with machines, 
spray painting, and welding operations would certify that they have 
implemented all required management and pollution prevention practices.
    In addition, owners or operators of new and existing affected 
sources with spray painting operations that have the potential to emit 
VOHAP or MFHAP would also certify that they are in compliance with the 
following requirements: Limit the VOHAP content of spray-applied 
paints, use of spray booths and filters, use of approved spray delivery 
and cleaning systems, and proper training of workers in spray painting 
application techniques.

F. What are the continuous compliance requirements?

    There are continuous requirements for all affected processes in 
metal fabrication and finishing sources. There are also additional 
continuous compliance requirements for specific processes or groups of 
processes, as follows: Visual emissions testing for dry abrasive 
blasting, machining, and dry grinding and dry polishing with machines; 
tests for VOHAP content of paints in spray painting; tests for spray 
painting for MFHAP control; and visual emissions testing for welding. 
These requirements are discussed below in more detail.
1. Continuous Compliance Requirements for All Sources
    This proposed rule would require owners or operators of all 
affected new and existing sources to demonstrate continuous compliance 
by adhering to the management and pollution prevention practices 
specified in this proposed rule and maintaining the appropriate records 
to document this compliance.
    Owners or operators that comply with this proposed rule by 
operating capture and control systems would be required to operate and 
maintain each capture system and control device according to the 
manufacturer's specifications. They also would be required to maintain 
records to document conformance with this requirement, and to keep the 
manufacturer's instruction manual available at the facility at all 
times.
2. Visual Emissions Testing for Dry Abrasive Blasting, Machining, and 
Dry Grinding and Dry Polishing With Machines, To Determine Continuous 
Compliance
    Visible Emissions Testing. For new and existing affected sources of 
dry abrasive blasting operations (except dry abrasive blasting in 
completely enclosed and unvented blast chambers), machining operations, 
and dry grinding and dry polishing with machines, this proposed rule 
would require visible emissions testing to demonstrate continuous 
compliance with management and pollu