Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.11180 What definitions do I need to know?

Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, and in this section as follows:

Additive means a material that is added to a coating after purchase from a supplier (e.g., catalysts, activators, accelerators).

Administrator means, for the purposes of this rulemaking, the Administrator of the U.S. Environmental Protection Agency or the State or local agency that is granted delegation for implementation of this subpart.

Aerospace vehicle or component means any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any aircraft including but not limited to airplanes, helicopters, missiles, rockets, and space vehicles.

Airless and air-assisted airless spray mean any paint spray technology that relies solely on the fluid pressure of the paint to create an atomized paint spray pattern and does not apply any atomizing compressed air to the paint before it leaves the paint nozzle. Air-assisted airless spray uses compressed air to shape and distribute the fan of atomized paint, but still uses fluid pressure to create the atomized paint.

Appurtenance means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lamp posts; partitions; pipes and piping systems; rain gutters and downspouts; stairways, fixed ladders, catwalks, and fire escapes; and window screens.

Architectural coating means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs.

Cleaning material means a solvent used to remove contaminants and other materials, such as dirt, grease, or oil, from a substrate before or after coating application or from equipment associated with a coating operation, such as spray booths, spray guns, racks, tanks, and hangers. Thus, it includes any cleaning material used on substrates or equipment or both.

Coating means, for the purposes of this subpart, a material spray-applied to a substrate for decorative, protective, or functional purposes. For the purposes of this subpart, coating does not include the following materials:

(1) Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances.

(2) Paper film or plastic film that may be pre-coated with an adhesive by the film manufacturer.

(3) Adhesives, sealants, maskants, or caulking materials.

(4) Temporary protective coatings, lubricants, or surface preparation materials.

(5) In-mold coatings that are spray-applied in the manufacture of reinforced plastic composite parts.

Compliance date means the date by which you must comply with this subpart.

Deviation means any instance in which an affected source, subject to this subpart, or an owner or operator of such a source fails to meet any requirement or obligation established by this subpart.

Dry media blasting means abrasive blasting using dry media. Dry media blasting relies on impact and abrasion to remove paint from a substrate. Typically, a compressed air stream is used to propel the media against the coated surface.

Electrostatic application means any method of coating application where an electrostatic attraction is created between the part to be coated and the atomized paint particles.

Equipment cleaning means the use of an organic solvent to remove coating residue from the surfaces of paint spray guns and other painting related equipment, including, but not limited to stir sticks, paint cups, brushes, and spray booths.

Facility maintenance means, for the purposes of this subpart, surface coating performed as part of the routine repair or renovation of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity. Facility maintenance also includes surface coating associated with the installation of new equipment or structures, and the application of any surface coating as part of janitorial activities. Facility maintenance includes the application of coatings to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Facility maintenance also includes the refinishing of mobile equipment in the field or at the site where they are used in service and at which they are intended to remain indefinitely after refinishing. Such mobile equipment includes, but is not limited to, farm equipment and mining equipment for which it is not practical or feasible to move to a dedicated mobile equipment refinishing facility. Such mobile equipment also includes items, such as fork trucks, that are used in a manufacturing facility and which are refinished in that same facility. Facility maintenance does not include surface coating of motor vehicles, mobile equipment, or items that routinely leave and return to the facility, such as delivery trucks, rental equipment, or containers used to transport, deliver, distribute, or dispense commercial products to customers, such as compressed gas canisters.

High-volume, low-pressure (HVLP) spray equipment means spray equipment that is permanently labeled as such and used to apply any coating by means of a spray gun which is designed and operated between 0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure measured dynamically at the center of the air cap and at the air horns.

Initial startup means the first time equipment is brought online in a paint stripping or surface coating operation, and paint stripping or surface coating is first performed.

Materials that contain HAP or HAP-containing materials mean, for the purposes of this subpart, materials that contain 0.1 percent or more by mass of any individual HAP that is an OSHA-defined carcinogen as specified in 29 CFR 1910.1200(d)(4), or 1.0 percent or more by mass for any other individual HAP.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense (DoD) or for the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the National Nuclear Security Administration (NNSA), U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DoD components, including bulk explosives and chemical warfare agents, chemical munitions, biological weapons, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, nonnuclear components of nuclear weapons, wholly inert ammunition products, and all devices and components of any items listed in this definition.

Miscellaneous parts and/or products means any part or product made of metal or plastic, or combinations of metal and plastic. Miscellaneous parts and/or products include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; automobiles and light duty trucks at automobile and light duty truck assembly plants; boats; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products.

Miscellaneous surface coating operation means the collection of equipment used to apply surface coating to miscellaneous parts and/or products made of metal or plastic, including applying cleaning solvents to prepare the surface before coating application, mixing coatings before application, applying coating to a surface, drying or curing the coating after application, and cleaning coating application equipment, but not plating. A single surface coating operation may include any combination of these types of equipment, but always includes at least the point at which a coating material is applied to a given part. A surface coating operation includes all other steps (such as surface preparation with solvent and equipment cleaning) in the affected source where HAP are emitted from the coating of a part. The use of solvent to clean parts (for example, to remove grease during a mechanical repair) does not constitute a miscellaneous surface coating operation if no coatings are applied. A single affected source may have multiple surface coating operations. Surface coatings applied to wood, leather, rubber, ceramics, stone, masonry, or substrates other than metal and plastic are not considered miscellaneous surface coating operations for the purposes of this subpart.

Mobile equipment means any device that may be drawn and/or driven on a roadway including, but not limited to, heavy-duty trucks, truck trailers, fleet delivery trucks, buses, mobile cranes, bulldozers, street cleaners, agriculture equipment, motor homes, and other recreational vehicles (including camping trailers and fifth wheels).

Motor vehicle means any self-propelled vehicle, including, but not limited to, automobiles, light duty trucks, golf carts, vans, and motorcycles.

Motor vehicle and mobile equipment surface coating means the spray application of coatings to assembled motor vehicles or mobile equipment. For the purposes of this subpart, it does not include the surface coating of motor vehicle or mobile equipment parts or subassemblies at a vehicle assembly plant or parts manufacturing plant.

Non-HAP solvent means, for the purposes of this subpart, a solvent (including thinners and cleaning solvents) that contains less than 0.1 percent by mass of any individual HAP that is an OSHA-defined carcinogen as specified in 29 CFR 1910.1200(d)(4) and less than 1.0 percent by mass for any other individual HAP.

Paint stripping and/or miscellaneous surface coating source or facility means any shop, business, location, or parcel of land where paint stripping or miscellaneous surface coating operations are conducted.

Paint stripping means the removal of dried coatings from wood, metal, plastic, and other substrates. A single affected source may have multiple paint stripping operations.

Painter means any person who spray applies coating.

Plastic refers to substrates containing one or more resins and may be solid, porous, flexible, or rigid. Plastics include fiber reinforced plastic composites.

Protective oil means organic material that is applied to metal for the purpose of providing lubrication or protection from corrosion without forming a solid film. This definition of protective oil includes, but is not limited to, lubricating oils, evaporative oils (including those that evaporate completely), and extrusion oils.

Quality control activities means surface coating or paint stripping activities that meet all of the following criteria:

(1) The activities associated with a surface coating or paint stripping operation are intended to detect and correct defects in the final product by selecting a limited number of samples from the operation, and comparing the samples against specific performance criteria.

(2) The activities do not include the production of an intermediate or final product for sale or exchange for commercial profit; for example, parts that are surface coated or stripped are not sold and do not leave the facility.

(3) The activities are not a normal part of the surface coating or paint stripping operation; for example, they do not include color matching activities performed during a motor vehicle collision repair.

(4) The activities do not involve surface coating or stripping of the tools, equipment, machinery, and structures that comprise the infrastructure of the affected facility and that are necessary for the facility to function in its intended capacity; that is, the activities are not facility maintenance.

Research and laboratory activities means surface coating or paint stripping activities that meet one of the following criteria:

(1) Conducted at a laboratory to analyze air, soil, water, waste, or product samples for contaminants, or environmental impact.

(2) Activities conducted to test more efficient production processes, including alternative paint stripping or surface coating materials or application methods, or methods for preventing or reducing adverse environmental impacts, provided that the activities do not include the production of an intermediate or final product for sale or exchange for commercial profit.

(3) Activities conducted at a research or laboratory facility that is operated under the close supervision of technically trained personnel, the primary purpose of which is to conduct research and development into new processes and products and that is not engaged in the manufacture of products for sale or exchange for commercial profit.

Solvent means a fluid containing organic compounds used to perform paint stripping, surface prep, or cleaning of surface coating equipment.

Space Vehicle means vehicles designed to travel beyond the limit of the earth's atmosphere, including but not limited to satellites, space stations, and the Space Shuttle System (including orbiter, external tanks, and solid rocket boosters).

Spray-applied coating operations means coatings that are applied using a hand-held device that creates an atomized mist of coating and deposits the coating on a substrate. For the purposes of this subpart, spray-applied coatings do not include the following materials or activities:

(1) Coatings applied from a hand-held device with a paint cup capacity that is equal to or 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) 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.

Surface preparation or Surface prep means use of a cleaning material on a portion of or all of a substrate prior to the application of a coating.

Target HAP are compounds of chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni), or cadmium (Cd).

Target HAP containing coating means a spray-applied coating that contains any individual target HAP that is an Occupational Safety and Health Administration (OSHA)-defined carcinogen as specified in 29 CFR 1910.1200(d)(4) at a concentration greater than 0.1 percent by mass, or greater than 1.0 percent by mass for any other individual target HAP compound. For the purpose of determining whether materials you use contain the target HAP compounds, you may rely on formulation data provided by the manufacturer or supplier, such as the material safety data sheet (MSDS), as long as it represents each target HAP compound in the material that is present at 0.1 percent by mass or more for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other target HAP compounds.

Transfer efficiency means the amount of coating solids adhering to the object being coated divided by the total amount of coating solids sprayed, expressed as a percentage. Coating solids means the nonvolatile portion of the coating that makes up the dry film.

Truck bed liner coating means any coating, excluding color coats, labeled and formulated for application to a truck bed to protect it from surface abrasion.

Sec. Table 1 to Subpart HHHHHH of Part 63--Applicability of General

Provisions to Subpart HHHHHH of Part 63 ----------------------------------------------------------------------------------------------------------------

Applicable to subpart

Citation Subject HHHHHH Explanation----------------------------------------------------------------------------------------------------------------Sec. 63.1(a)(1)-(12).............. General Applicability. Yes........................Sec. 63.1(b)(1)-(3)............... Initial Applicability Yes........................ Applicability of

Determination. subpart HHHHHH is

also specified in

Sec. 63.11170.Sec. 63.1(c)(1)................... Applicability After Yes........................

Standard Established.Sec. 63.1(c)(2)................... Applicability of Yes........................ (63.11174(b) of

Permit Program for Subpart HHHHHH

Area Sources. exempts area sources

from the obligation

to obtain Title V

operating permits.Sec. 63.1(c)(5)................... Notifications......... Yes........................Sec. 63.1(e)...................... Applicability of No......................... (63.11174(b) of

Permit Program to Subpart HHHHHH

Major Sources Before exempts area sources

Relevant Standard is from the obligation

Set. to obtain Title V

operating permits.Sec. 63.2......................... Definitions........... Yes........................ Additional definitions

are specified in Sec.

63.11180.Sec. 63.3(a)-(c).................. Units and Yes........................

Abbreviations.Sec. 63.4(a)(1)-(5)............... Prohibited Activities. Yes........................Sec. 63.4(b)-(c).................. Circumvention/ Yes........................

Fragmentation.Sec. 63.5......................... Construction/ No......................... Subpart HHHHHH applies

Reconstruction of only to area sources.

major sources.Sec. 63.6(a)...................... Compliance With Yes........................

Standards and

Maintenance

Requirements--Applica

bility.Sec. 63.6(b)(1)-(7)............... Compliance Dates for Yes........................ Sec. 63.11172

New and Reconstructed specifies the

Sources. compliance dates.Sec. 63.6(c)(1)-(5)............... Compliance Dates for Yes........................ Sec. 63.11172

Existing Sources. specifies the

compliance dates.Sec. 63.6(e)(1)-(2)............... Operation and Yes........................

Maintenance.Sec. 63.6(e)(3)................... Startup, Shutdown, and No......................... No startup, shutdown,

Malfunction Plan. and malfunction plan

is required by

subpart HHHHHH.

Sec. 63.6(f)(1)................... Compliance Except Yes........................

During Startup,

Shutdown, and

Malfunction.Sec. 63.6(f)(2)-(3)............... Methods for Yes........................

Determining

Compliance.Sec. 63.6(g)(1)-(3)............... Use of an Alternative Yes........................

Standard.Sec. 63.6(h)...................... Compliance With No......................... Subpart HHHHHH does

Opacity/Visible not establish opacity

Emission Standards. or visible emission

standards.Sec. 63.6(i)(1)-(16).............. Extension of Yes........................

Compliance.Sec. 63.6(j)...................... Presidential Yes........................

Compliance Exemption.Sec. 63.7......................... Performance Testing No......................... No performance testing

Requirements. is required by

subpart HHHHHH.Sec. 63.8......................... Monitoring No......................... Subpart HHHHHH does

Requirements. not require the use

of continuous

monitoring systems.Sec. 63.9(a)-(d).................. Notification Yes........................ Sec. 63.11175

Requirements. specifies

notification

requirements.Sec. 63.9(e)...................... Notification of No......................... Subpart HHHHHH does

Performance Test. not require

performance tests.Sec. 63.9(f)...................... Notification of No......................... Subpart HHHHHH does

Visible Emissions/ not have opacity or

Opacity Test. visible emission

standards.Sec. 63.9(g)...................... Additional No......................... Subpart HHHHHH does

Notifications When not require the use

Using CMS. of continuous

monitoring systems.Sec. 63.9(h)...................... Notification of No......................... Sec. 63.11175

Compliance Status. specifies the dates

and required content

for submitting the

notification of

compliance status.Sec. 63.9(i)...................... Adjustment of Yes........................

Submittal Deadlines.Sec. 63.9(j)...................... Change in Previous Yes........................ Sec. 63.11176(a)

Information. specifies the dates

for submitting the

notification of

changes report.Sec. 63.10(a)..................... Recordkeeping/ Yes........................

Reporting--Applicabil

ity and General

Information.Sec. 63.10(b)(1).................. General Recordkeeping Yes........................ Additional

Requirements. requirements are

specified in Sec.

63.11177.Sec. 63.10(b)(2)(i)-(xi).......... Recordkeeping Relevant No......................... Subpart HHHHHH does

to Startup, Shutdown, not require startup,

and Malfunction shutdown, and

Periods and CMS. malfunction plans, or

CMS.Sec. 63.10(b)(2)(xii)............. Waiver of Yes........................

recordkeeping

requirements.Sec. 63.10(b)(2)(xiii)............ Alternatives to the No......................... Subpart HHHHHH does

relative accuracy not require the use

test. of CEMS.Sec. 63.10(b)(2)(xiv)............. Records supporting Yes........................

notifications.Sec. 63.10(b)(3).................. Recordkeeping Yes........................

Requirements for

Applicability

Determinations.Sec. 63.10(c)..................... Additional No......................... Subpart HHHHHH does

Recordkeeping not require the use

Requirements for of CMS.

Sources with CMS.Sec. 63.10(d)(1).................. General Reporting Yes........................ Additional

Requirements. requirements are

specified in Sec.

63.11176.Sec. 63.10(d)(2)-(3).............. Report of Performance No......................... Subpart HHHHHH does

Test Results, and not require

Opacity or Visible performance tests, or

Emissions opacity or visible

Observations. emissions

observations.Sec. 63.10(d)(4).................. Progress Reports for Yes........................

Sources With

Compliance Extensions.Sec. 63.10(d)(5).................. Startup, Shutdown, and No......................... Subpart HHHHHH does

Malfunction Reports. not require startup,

shutdown, and

malfunction reports.Sec. 63.10(e)..................... Additional Reporting No......................... Subpart HHHHHH does

requirements for not require the use

Sources with CMS. of CMS.Sec. 63.10(f)..................... Recordkeeping/ Yes........................

Reporting Waiver.Sec. 63.11........................ Control Device No......................... Subpart HHHHHH does

Requirements/Flares. not require the use

of flares.Sec. 63.12........................ State Authority and Yes........................

Delegations.

Sec. 63.13........................ Addresses of State Air Yes........................

Pollution Control

Agencies and EPA

Regional Offices.Sec. 63.14........................ Incorporation by Yes........................ Test methods for

Reference. measuring paint booth

filter efficiency and

spray gun transfer

efficiency in Sec.

63.11173(e)(2) and

(3) are incorporated

and included in Sec.

63.14.Sec. 63.15........................ Availability of Yes........................

Information/

Confidentiality.Sec. 63.16(a)..................... Performance Track Yes........................

Provisions--reduced

reporting.Sec. 63.16(b)-(c)................. Performance Track No......................... Subpart HHHHHH does

Provisions--reduced not establish

reporting. numerical emission

limits.---------------------------------------------------------------------------------------------------------------- Subpart IIIIII [Reserved] Subpart JJJJJJ_National Emission Standards for Hazardous Air Pollutants

for Industrial, Commercial, and Institutional Boilers Area Sources

Source: 76 FR 15591, Mar. 21, 2011, unless otherwise noted.

What This Subpart Covers