National Emission Standards for Hazardous Air Pollutants; Final Standards for Hazardous Air Pollutant Emissions From Wood Furniture Manufacturing Operations; Correction

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.

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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.

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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

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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. * * *

* * * * *

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(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.

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[FR Doc. 97-14446 Filed 6-2-97; 8:45 am]

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