[Federal Register Volume 62, Number 106 (Tuesday, June 3, 1997)]
[Rules and Regulations]
[Pages 30257-30260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14446]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5833-6]
National Emission Standards for Hazardous Air Pollutants; Final
Standards for Hazardous Air Pollutant Emissions From Wood Furniture
Manufacturing Operations; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: This action corrects errors and clarifies regulatory text in
the National Emission Standards for Hazardous Air Pollutants; Final
Standards for Hazardous Air Pollutant Emissions from Wood Furniture
Manufacturing Operations which was promulgated in the Federal Register
on December 7, 1995 (60 FR 62930).
EFFECTIVE DATE: June 3, 1997.
FOR FURTHER INFORMATION CONTACT: For information concerning today's
notice, contact Mr. Paul Almodovar, Coatings and Consumer Products
Group, Emission Standards Division (MD-13), U.S. EPA, Research Triangle
Park, NC 27711; telephone (919) 541-0283. For information regarding the
applicability of this action to a particular entity, contact Mr. Robert
Marshall, Manufacturing Branch, Office of Compliance, (2223A), U.S.
EPA, 401 M Street, SW, Washington, DC 20460; telephone (202) 564-7021.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Entities potentially affected by this action
are owners or operators of facilities that are engaged, either in part
or in whole, in wood furniture manufacturing operations and that are
major sources as defined in 40 CFR Part 63, subpart A, section 63.2.
Regulated categories include:
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Category Examples of regulated entities
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Industry......................... Facilities which are major sources of
hazardous air pollutants and
manufacture wood furniture or wood
furniture components.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities that the EPA is now aware
potentially could be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility (company, business, organization, etc.) is regulated by
this action, you should carefully examine the applicability criteria in
section 63.800 of the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Wood Furniture Manufacturing Operations that
was promulgated in the Federal Register on December 7, 1995 (60 FR
62930) and codified at 40 CFR Part 63, subpart JJ. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
The information presented below is organized as follows:
I. Background.
II. Summary of and Rationale for Rule Corrections.
[[Page 30258]]
A. Applicability.
B. Definitions.
C. Tables.
III. Administrative Requirements.
A. Docket.
B. Paperwork Reduction Act.
C. Executive Order 12866.
D. Regulatory Flexibility Act.
E. Regulatory Review.
F. Unfunded Mandates Act.
G. Submission to Congress and the General Accounting Office.
I. Background
On December 7, 1995 (60 FR 62930), the EPA promulgated the NESHAP
for Wood Furniture Manufacturing Operations. These standards were
codified as subpart JJ in 40 CFR Part 63. This action contains
corrections to the final standards. These corrections clarify the
applicability of the final rule and several definitions, and correct
cross-references and table entries.
By issuing these corrections directly as a final rule, the EPA is
foregoing the issuance of a Notice of Proposed Rulemaking (NPRM) and
the opportunity for public comment. Such a curtailed procedure is
permitted by section 553(b) of the Administrative Procedure Act, 5
U.S.C. Sec. 553(b), and section 307(d) of the Clean Air Act (CAA), 42
U.S.C. Sec. 7607(d), when issuance of a proposal and public comments
would be impracticable, unnecessary, or contrary to the public
interest. The EPA is publishing this action without prior proposal
because these are non-controversial changes that clarify and correct
the final rule. The EPA finds that this constitutes good cause under 5
U.S.C. Sec. 553(b) for a determination that the issuance of an NPRM is
unnecessary. Moreover, since today's action does not create any new
regulatory requirements, the EPA finds that good cause exists to
provide for an immediate effective date.
II. Summary of and Rationale for Rule Corrections
A. Applicability
Paragraph (a) of section 63.800 of 40 CFR Part 63, subpart JJ is
revised by replacing the word ``criteria'' with ``definition,'' and the
phrase ``incidental furniture manufacturer'' with ``incidental wood
furniture manufacturer.'' These changes are being made to correct
editorial errors in order to clarify the applicability of the final
rule.
Paragraph (b) of section 63.800 of 40 CFR Part 63, subpart JJ is
revised by replacing the phrase ``finishing materials, adhesives,
cleaning solvents and washoff solvents'' with ``finishing materials,
adhesives, cleaning solvents and washoff solvents used for wood
furniture and wood furniture component manufacturing operations.'' This
change is being made in response to comments from small metal furniture
manufacturers who use many of these same materials to manufacture both
metal and wood furniture. The change clarifies the EPA's intent that
this provision be used for determining what percentage of a facility's
hazardous air pollutant (HAP) emissions are generated by these listed
materials used in making wood furniture and wood furniture components.
Facilities qualify for an exemption from the requirements of the wood
furniture NESHAP if their usage of these materials for wood furniture
or wood furniture components manufacturing operations is below the
cutoff levels and at least 90 percent of their annual HAP emissions are
from materials used in wood furniture or wood furniture components
manufacturing.
Paragraph (b)(3) of 40 CFR Part 63, subpart JJ, section 63.800 is
revised to replace the phrase ``uses materials containing no more
than'' with ``emits no more than.'' The criterion in this paragraph for
area source designation under this subpart is the amount of HAP emitted
annually, not the amount used annually.
B. Definitions
The EPA has determined that several definitions should be revised
either to correct errors that were in section 63.801, or to reflect
additional information submitted to the EPA after promulgation of the
final rule, or to further clarify issues that have been raised since
promulgation of the final rule.
The EPA has revised the definition of ``certified product data
sheet (CPDS)'' by adding the concentration levels at which volatile
hazardous air pollutants (VHAP) compounds must be reported. This change
is in response to concerns raised by industry suppliers. This revision
will allow suppliers furnishing CPDS to the industry to easily identify
which VHAP compounds must be reported on the CPDS.
The EPA has revised the definition of ``coating'' by adding a
sentence that states, ``Aerosol spray paints used for touchup and
repair are not considered coatings under this subpart.'' This change
clarifies the EPA's intent not to regulate these types of coatings at
this time due to their low usage for touch up and repairs in wood
furniture manufacturing operations. In addition, there is concern from
industry representatives that it would be difficult to purchase or
reformulate aerosol spray paints that meet the limits specified in the
standards.
The reference to Table b in the definition of ``VHAP of potential
concern'' under section 63.801 of this subpart has been corrected. The
definition references ``Table b of this subpart,'' but should reference
``Table 6 of this subpart.''
C. Tables
Two entries in Table 3 ``Summary of Emission Limits'' have been
revised. Under the Finishing Operations listing, the term VHAP has
replaced the term HAP both in item (b) and also in footnote b to Table
3. This change was made because the percent component of VHAP is the
component of interest for this NESHAP.
III. Administrative Requirements
A. Docket
The docket is an organized and complete file of all of the
information submitted to, or otherwise considered by, the EPA in the
development of this rulemaking. The docket is a dynamic file, since
material is added throughout the rulemaking development. The docketing
system is intended to allow members of the public to readily identify
and locate documents to enable them to participate effectively in the
rulemaking process. The contents of the docket serve as the record in
case of judicial review (except for interagency review materials)
(section 307(d)(7)(A) of the CAA, 42 U.S.C. Sec. 7607(d)(7)(A)).
B. Paperwork Reduction Act
There are no additional information collection requirements
contained in this correction to the final rule. Therefore, approval
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., is not required.
C. Executive Order 12866
Under Executive Order 12866, the EPA is required to determine
whether a regulation is ``significant'' and therefore subject to Office
of Management and Budget review and the requirements of this Executive
Order to prepare a regulatory impact analysis. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may (1) have an annual effect on the economy of
$100 million or more, or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or Tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or
[[Page 30259]]
planned by another agency; (3) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this action is not a ``significant regulatory action''
within the meaning of the Executive Order, because it only provides
technical corrections to the existing NESHAP.
D. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant economic impact
on a substantial number of small entities. This correction notice makes
clarifying amendments to the Wood Furniture Manufacturing Operations
NESHAP, including applicability, definitions, and summary table
corrections. These amendments will not place any additional
requirements on any entity affected by this rule, including small
entities. Therefore, these amendments will not have a significant
impact on a substantial number of small entities. Consequently, a
regulatory flexibility analysis is not required and has not been
prepared.
E. Regulatory Review
In accordance with sections 112(d)(6) and 112(f)(2) of the CAA,
this regulation will be reviewed within 8 years of the date of
promulgation. This review may include an assessment of such factors as
evaluation of the residual health risk, any overlap with other
programs, the existence of alternative methods of control,
enforceability, improvements in emission control technology and health
data, and recordkeeping and reporting requirements.
F. Unfunded Mandates Act
The economic impact analysis performed for the original rule showed
that the economic impacts from implementation of the promulgated
standards would not be ``significant'' as defined in Executive Order
12866. No changes are being made in these amendments that would
increase the economic impacts. The EPA prepared the following statement
of the impact of the original rule in response to the requirements of
the Unfunded Mandates Reform Act.
There are no Federal funds available to assist State, local, and
Tribal governments in meeting these costs. There are important benefits
from volatile organic compounds and HAP emission reductions because
these compounds have significant, adverse impacts on human health and
welfare, and on the environment. The rule does not have any
disproportionate budgetary effects on any particular region of the
nation, State, local, or Tribal government, or urban, rural, or other
type of community. On the contrary, the rule will result in only a
minimal increase in the average product rates (less than 1 percent).
Moreover, the rule will not have a material effect on the national
economy.
Throughout the regulatory negotiation process prior to issuing the
final rule on December 7, 1995, the EPA provided numerous opportunities
for consultations with interested parties (e.g., public comment period;
opportunity for a public hearing (none was requested); meetings with
industry, trade associations, State and local air pollution control
agency representatives, environmental groups, State, local, and Tribal
governments, and concerned citizens). Although small governments are
not significantly or uniquely affected by this rule, these procedures,
as well as additional public conferences and meetings, gave small
governments an opportunity to give meaningful and timely input and
obtain information, education, and advice on compliance.
Prior to the promulgation of the rule in 1995, the EPA considered
several regulatory options. The final rule represents the least costly
and least burdensome alternatives currently available for achieving the
objectives of section 112 of the CAA. All of the regulatory options
selected are based on pollution prevention measures. Finally, after
careful consideration of the costs, the environmental impacts, and the
comments, the EPA decided that the MACT floor was the appropriate level
of control for this regulation.
G. Submission to Congress and the General Accounting Office
Under 5 U.S.C. Sec. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. House
of Representatives and the Comptroller General of the General
Accounting Office prior to publication of the rule in today's Federal
Register. This rule is not a ``major'' rule as defined by 5 U.S.C.
Sec. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements, Wood furniture
manufacturing.
Dated: May 19, 1997.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart JJ--National Emission Standards for Wood Furniture
Manufacturing Operations
2. Section 63.800 is amended by revising paragraph (a) and the
first sentence of paragraphs (b) introductory text and (b)(3) to read
as follows:
Sec. 63.800 Applicability.
(a) The affected source to which this subpart applies is each
facility that is engaged, either in part or in whole, in the
manufacture of wood furniture or wood furniture components and that is
located at a plant site that is a major source as defined in 40 CFR
part 63, subpart A, Sec. 63.2. The owner or operator of a source that
meets the definition for an incidental wood furniture manufacturer
shall maintain purchase or usage records demonstrating that the source
meets the definition in Sec. 63.801 of this subpart, but the source
shall not be subject to any other provisions of this subpart.
(b) A source that complies with the limits and criteria specified
in paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area
source for the purposes of this subpart and is not subject to any other
provision of this rule, provided that: In the case of paragraphs (b)(1)
and (b)(2), finishing materials, adhesives, cleaning solvents and
washoff solvents used for wood furniture or wood furniture component
manufacturing operations account for at least 90 percent of annual HAP
emissions at the plant site, and if the plant site has HAP emissions
that do not originate from the listed materials, the owner or operator
shall keep any records necessary to demonstrate that the 90 percent
criterion is being met. * * *
* * * * *
[[Page 30260]]
(3) The source emits no more than 4.5 Mg (5 tons) of any one HAP
per rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any
combination of HAP per rolling 12-month period, and at least 90 percent
of the plantwide emissions per rolling 12-month period are associated
with the manufacture of wood furniture or wood furniture components.
* * * * *
3. Section 63.801 is amended by revising the definitions for
``certified product data sheet,'' ``coating,'' and ``VHAP of potential
concern'' to read as follows:
Sec. 63.801 Definitions.
* * * * *
Certified product data sheet(CPDS) means documentation furnished by
coating or adhesive suppliers or an outside laboratory that provides:
(1) The VHAP content of a finishing material, contact adhesive, or
solvent, by percent weight, measured using the EPA Method 311 (as
promulgated in this subpart), or an equivalent or alternative method
(or formulation data if the coating meets the criteria specified in
Sec. 63.805(a));
(2) The solids content of a finishing material or contact adhesive
by percent weight, determined using data from the EPA Method 24, or an
alternative or equivalent method (or formulation data if the coating
meets the criteria specified in Sec. 63.805 (a)); and
(3) The density, measured by EPA Method 24 or an alternative or
equivalent method. Therefore, the reportable VHAP content shall
represent the maximum aggregate emissions potential of the finishing
material, adhesive, or solvent in concentrations greater than or equal
to 1.0 percent by weight or 0.1 percent for VHAP that are carcinogens,
as defined by the Occupational Safety and Health Administration Hazard
Communication Standard (29 CFR part 1910), as formulated. Only VHAP
present in concentrations greater than or equal to 1.0 percent by
weight, or 0.1 percent for VHAP that are carcinogens, must be reported
on the CPDS. The purpose of the CPDS is to assist the affected source
in demonstrating compliance with the emission limitations presented in
Sec. 63.802.* * *
* * * * *
Coating means a protective, decorative, or functional film applied
in a thin layer to a surface. Such materials include, but are not
limited to, paints, topcoats, varnishes, sealers, stains, washcoats,
basecoats, enamels, inks, and temporary protective coatings. Aerosol
spray paints used for touch-up and repair are not considered coatings
under this subpart.
* * * * *
VHAP of potential concern means any VHAP from the nonthreshold,
high concern, or unrankable list in Table 6 of this subpart.
* * * * *
4. Table 3 to subpart JJ is amended by revising the last line under
item (b) and footnote b as follows:
Table 3--Summary of Emission Limits
* * * * *
(b) * * *
--thinners (maximum percent VHAP allowable); or * * *
* * * * *
b Washcoats, basecoats, and enamels must comply with
the limits presented in this table if they are purchased premade,
that is, if they are not formulated on site by thinning other
finishing materials. If they are formulated onsite, they must be
formulated using compliant finishing materials, i.e., those that
meet the limits specified in this table, and thinners containing no
more than 3.0 percent VHAP by weight.
* * * * *
[FR Doc. 97-14446 Filed 6-2-97; 8:45 am]
BILLING CODE 6560-50-P
