Innovative technology waivers.

§ 60.398 Innovative technology waivers.

(a) General Motors Corporation, Wentzville, Missouri, automobile assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation at General Motors Corporation automobile assembly plant located in Wentzville, Missouri, shall comply with the following conditions:

(i) The General Motors Corporation shall obtain the necessary permits as required by section 173 of the Clean Air Act, as amended August 1977, to operate the Wentzville assembly plant.

(ii) Commencing on February 4, 1983, and continuing to December 31, 1986, or until the base coat/clear coat topcoat system that can achieve the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980) is demonstrated to the Administrator's satisfaction the General Motors Corporation shall limit the discharge of VOC emissions to the atmosphere from each topcoat operation at the Wentzville, Missouri, assembly plant, to either:

(A) 1.9 kilograms of VOC per liter of applied coating solids from base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of applied coating solids from all other topcoat coatings; or

(B) 1.47 kilograms of VOC per liter of applied coating solids from all topcoat coatings.

(iii) Commencing on the day after the expiration of the period described in paragraph (a)(1)(ii) of this section, and continuing thereafter, emissions of VOC from each topcoat operations shall not exceed 1.47 kilograms of VOC per liter of applied coating solids as specified in 40 CFR 60.392(c) (Dec. 24, 1980).

(iv) Each topcoat operation shall comply with the provisions of §§ 60.393, 60.394, 60.395, 60.396, and 60.397. Separate calculations shall be made for base coat/clear coat coatings and all other topcoat coatings when necessary to demonstrate compliance with the emission limits in paragraph (a)(1)(ii)(A) of this section.

(v) A technology development report shall be sent to EPA Region VII, 324 East 11th Street, Kansas City, MO 64106, postmarked before 60 days after the promulgation of this waiver and annually thereafter while this waiver is in effect. The technology development report shall summarize the base coat/clear coat development work including the results of exposure and endurance tests of the various coatings being evaluated. The report shall include an updated schedule of attainment of 40 CFR 60.392(c) (Dec. 24, 1980) based on the most current information.

(2) This waiver shall be a federally promulgated standard of performance. As such, it shall be unlawful for General Motors Corporation to operate a topcoat operation in violation of the requirements established in this waiver. Violation of the terms and conditions of this waiver shall subject the General Motors Corporation to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and (c), and section 120, 42 U.S.C. 7420, of the Act as well as possible citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.

(b) General Motors Corporation, Detroit, Michigan, Automobile Assembly plant. (1) Pursuant to section 111(j) of the Clean Air Act, 42 U.S.C. 7411(j), each topcoat operation at General Motors Corporation's automobile assembly plant located in Detroit, MI, shall comply with the following conditions:

(i) The General Motors Corporation shall obtain the necessary permits as required by section 173 of the Clean Air Act, as amended August 1977, to operate the Detroit assembly plant.

(ii) Commencing on February 4, 1983, and continuing to December 31, 1986, or until the base coat/clear coat topcoat system that can achieve the standard specified in 40 CFR 60.392(c) (Dec. 24, 1980), is demonstrated to the Administrator's satisfaction, the General Motors Corporation shall limit the discharge of VOC emissions to the atmosphere from each topcoat operation at the Detroit, MI, assembly plant, to either:

(A) 1.9 kilograms of VOC per liter of applied coating solids from base coat/clear coat topcoats, and 1.47 kilograms of VOC per liter of applied coating solids from all other topcoat coatings; or

(B) 1.47 kilograms of VOC per liter of applied coating solids from all topcoat coatings.

(iii) Commencing on the day after the expiration of the period described in paragraph (b)(ii) of this section, and continuing thereafter, emissions of VOC from each topcoat operation shall not exceed 1.47 kilograms of VOC per liter of applied coating solids as specified in 40 CFR 60.392(c) (December 24, 1980).

(iv) Each topcoat operation shall comply with the provisions of §§ 60.393, 60.394, 60.395, 60.396, and 60.397. Separate calculations shall be made for base coat/clear coat coatings and all other topcoat coatings when necessary to demonstrate compliance with the emission limits in paragraph (b)(1)(ii)(A) of this section.

(v) A technology development report shall be sent to EPA Region V, 230 South Dearborn Street, Chicago, IL 60604, postmarked before 60 days after the promulgation of this waiver and annually thereafter while this waiver is in effect. The technology development report shall summarize the base coat/clear coat development work including the results of exposure and endurance tests of the various coatings being evaluated. The report shall include an updated schedule of attainment of 40 CFR 60.392(c) (Dec. 24, 1980) based on the most current information.

(2) This waiver shall be a federally promulgated standard of performance. As such, it shall be unlawful for General Motors Corporation to operate a topcoat operation in violation of the requirements established in this waiver. Violation of the terms and conditions of this waiver shall subject the General Motors Corporation to enforcement under section 113 (b) and (c), 42 U.S.C. 7412 (b) and (c), and section 120, 42 U.S.C. 7420, of the Act as well as possible citizen enforcement under section 304 of the Act, 42 U.S.C. 7604.

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