[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45944-46045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6298]
[[Page 45943]]
-----------------------------------------------------------------------
Part IV
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Parts 63 and 429
National Emission Standards for Hazardous Air Pollutants: Plywood and
Composite Wood Products; Effluent Limitations Guidelines and Standards
for the Timber Products Point Source Category; List of Hazardous Air
Pollutants, Lesser Quantity Designations, Source Category List; Final
Rule
Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Rules
and Regulations
[[Page 45944]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 63 and 429
[OAR-2003-0048, FRL-7634-1]
RIN 2060-AG52
National Emission Standards for Hazardous Air Pollutants: Plywood
and Composite Wood Products; Effluent Limitations Guidelines and
Standards for the Timber Products Point Source Category; List of
Hazardous Air Pollutants, Lesser Quantity Designations, Source Category
List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for the plywood and composite wood
products (PCWP) source category under the Clean Air Act (CAA) and
revisions to the effluent limitations, guidelines and standards for the
timber products processing source category under the Clean Water Act
(CWA).
The EPA has determined that the PCWP source category contains major
sources of hazardous air pollutants (HAP), including, but not limited
to, acetaldehyde, acrolein, formaldehyde, methanol, phenol, and
propionaldehyde. These HAP are associated with a variety of adverse
health effects. These adverse health effects include chronic health
disorders (e.g., damage to nasal membranes, gastrointestinal
irritation) and acute health disorders (e.g., irritation of eyes,
throat, and mucous membranes, dizziness, headache, and nausea). Three
of the six primary HAP emitted have been classified as probable or
possible human carcinogens. This action will implement section 112(d)
of the CAA by requiring all major sources subject to the final rule to
meet HAP emission standards reflecting the application of the maximum
achievable control technology (MACT). The final rule will reduce HAP
emissions from the PCWP source category by approximately 5,900 to 9,900
megagrams per year (Mg/yr) (6,600 to 11,000 tons per year (tons/yr)).
In addition, the final rule will reduce emissions of volatile organic
compounds (VOC) by 13,000 to 25,000 Mg/yr (14,000 to 27,000 tons/yr).
The EPA is also amending the effluent limitations, guidelines and
standards for the timber products processing point source category
(veneer, plywood, dry process hardboard, particleboard manufacturing
subcategories). The amendments adjust the definition of process
wastewater to exclude certain sources of wastewater generated by air
pollution control devices expected to be installed to comply with the
final PCWP NESHAP.
The EPA is also amending the list of categories that was developed
pursuant to section 112(c)(1) of the CAA. The EPA is delisting a low-
risk subcategory of the PCWP source category. This action is being
taken in part to respond to comments submitted by the American Forest &
Paper Association (AF&PA) and in part upon the Administrator's own
motion, pursuant to section 112(c)(9) of the CAA. This action is based
on EPA's evaluation of the available information concerning the
potential hazards from exposure to HAP emitted by PCWP affected
sources, and includes a detailed rationale for removing low-risk PCWP
affected sources from the source category list.
DATES: The final NESHAP and the amendments to the effluent guidelines
are effective September 28, 2004. The incorporation by reference of
certain publications listed in the final NESHAP is approved by the
director of the Office of the Federal Register as of September 28,
2004.
ADDRESSES: Docket numbers OAR-2003-0048 and A-98-44, containing
supporting documentation used in development of this action, are
available for public viewing at the EPA Docket Center (Air Docket), EPA
West, Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460.
These dockets also contain documentation supporting the amendments to
40 CFR part 429.
FOR FURTHER INFORMATION CONTACT: For further information concerning
applicability and rule determinations, contact the appropriate State or
local agency representative. If no State or local representative is
available, contact the EPA Regional Office staff listed in 40 CFR
63.13. For information concerning the analyses performed in developing
the final rule, contact Ms. Mary Tom Kissell, Waste and Chemical
Processes Group, Emission Standards Division (C439-03), U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-4516, electronic mail (e-mail) address [email protected]. For
information concerning test methods, sampling, and monitoring
information, contact Mr. Gary McAlister, Source Measurement Analysis
Group, Emission Monitoring and Analysis Division (D243-02), U.S. EPA,
Research Triangle Park, North Carolina 27711, telephone number (919)
541-1062, e-mail address [email protected]. For information
concerning the economic impacts and benefit analysis, contact Mr. Larry
Sorrels, Innovative Strategies and Economics Group, Air Quality
Strategies and Standards Division (C339-01), U.S. EPA, Research
Triangle Park, North Carolina 27711, telephone number (919) 541-5041,
e-mail address [email protected]. For information concerning the
effluent guidelines, contact Mr. Donald Anderson, Engineering and
Analysis Division (4303T), U.S. EPA, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, telephone number (202) 566-1021,
[email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:
----------------------------------------------------------------------------------------------------------------
SIC code NAICS Examples of regulated
Category Rule a code b entities
----------------------------------------------------------------------------------------------------------------
Industry............................. NESHAP................. 2421 321999 Sawmills with lumber kilns.
2435 321211 Hardwood plywood and veneer
plants.
2436 321212 Softwood plywood and veneer
plants.
2493 321219 Reconstituted wood products
(particleboard, medium
density fiberboard,
hardboard, fiberboard, and
oriented strandboard
plants).
2439 321213 Structural Wood Members, Not
Elsewhere Classified
(engineered wood products
plants).
Effluent Guidelines.................. ....................... 2436 321212 Softwood plywood and veneer
plants.
2493 321219 Reconstituted wood products
(particleboard, medium
density fiberboard,
hardboard, fiberboard, and
oriented strandboard
plants).
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industrial Classification System.
[[Page 45945]]
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 63.2231 of the
final rule. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Docket. The EPA has established an official public docket for this
action including both Docket ID No. OAR-2003-0048 and Docket ID No. A-
98-44. The official public docket consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. All items may not be
listed under both docket numbers, so interested parties should inspect
both docket numbers to ensure that they have received all materials
relevant to this rule. Although a part of the official docket, the
public docket does not include Confidential Business Information or
other information whose disclosure is restricted by statute. The
official public docket is available for public viewing at the EPA
Docket Center (Air Docket), EPA West, Room B-102, 1301 Constitution
Avenue, NW., Washington, DC. The EPA Docket Center 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.
Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/. You may also access a copy of
this document through the Technology Transfer Network (TTN) at http://www.epa.gov/ttn/atw/plypart/plywoodpg.html. An electronic version of
the public docket is available through EPA's electronic public docket
and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing
of the contents of the official public docket, and access those
documents in the public docket that are available electronically.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified above. Once in the system, select
``search,'' then key in the appropriate docket identification number.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the standards and limitations of the final rule is available
only by filing a petition for review in the U.S. Court of Appeals for
the District of Columbia Circuit by September 28, 2004. Under section
307(d)(7)(B) of the CAA, only an objection to the final rule that was
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Under section 509(b)(1) of the
CWA, judicial review of today's effluent limitations guidelines and
standards is available in the United States Court of Appeals by filing
a petition for review within 120 days from the date of promulgation of
those guidelines and standards. In accordance with 40 CFR 23.2, the
water portion of today's final rule shall be considered promulgated for
the purposes of judicial review at 1 p.m. Eastern time on August 13,
2004. Moreover, under section 307(b)(2) of the CAA and section
509(b)(2) of the CWA, the requirements established by the final rule
may not be challenged separately in any civil or criminal proceedings
brought by EPA to enforce the requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Introduction
A. What Is the Source of Authority for Development of Today's
Regulations?
B. What Criteria Are Used in the Development of NESHAP?
C. How Was the Final Rule Developed?
D. What Are the Health Effects of the Pollutants Emitted From
the PCWP Industry?
E. Incorporation by Reference of NCASI Test Methods
F. Incorporation by Reference of ASTM Test Method
II. Summary of the Final Rule
A. What Process Units Are Subject to the Final Rule?
B. What Pollutants Are Regulated by the Final Rule?
C. What Are the Compliance Options?
D. What Operating Requirements Are in the Final Rule?
E. What Are the Work Practice Requirements?
F. When Must I Comply With the Final Rule?
G. How Do I Demonstrate Initial Compliance With the Final Rule?
H. How do I Demonstrate Continuous Compliance With the Final
Rule?
I. How Do I Demonstrate That My Affected Source Is Part of the
Low-risk Subcategory?
III. Summary of Environmental, Energy, and Economic Impacts
A. How Many Facilities Are Impacted by the Final Rule?
B. What Are the Air Quality Impacts?
C. What Are the Water Quality Impacts?
D. What Are the Solid Waste Impacts?
E. What Are the Energy Impacts?
F. What Are the Cost Impacts?
G. What Are the Economic Impacts?
H. What Are the Social Costs and Benefits?
IV. Summary of Responses to Major Comments and Changes to the
Plywood and Composite Wood Products NESHAP
A. Applicability
B. Overlap With Other Rules
C. Amendments to the Effluent Guidelines for Timber Products
Processing
D. Existing Source MACT
E. New Source MACT
F. Definition of Control Device
G. Compliance Options
H. Testing and Monitoring Requirements
I. Routine Control Device Maintenance Exemption (RCDME)
J. Startup, Shutdown, and Malfunction (SSM)
K. Risk-Based Approaches
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Analysis
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 & Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Introduction
A. What Is the Source of Authority for Development of Today's
Regulations?
Section 112(c) of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The PCWP
source category was originally listed as the plywood and particleboard
source category on July 16, 1992 (57 FR 31576). The name of the source
category was changed to plywood and composite wood products on November
18, 1999 (64 FR 63025), to more accurately reflect the types of
manufacturing facilities covered by the source category. In addition,
when we proposed the PCWP rule on January 9, 2003 (68 FR 1276), we
broadened the scope of the source category to include lumber kilns
located at stand-alone kiln-dried lumber manufacturing facilities or at
any other type of facility. Major sources of HAP are those that have
the potential to emit 9.1 Mg/yr (10 tons/yr) or more of any one HAP or
22.3 Mg/yr (25 tons/yr) or more of any combination of HAP.
Section 112(d) of the CAA directs us to adopt emission standards
for
[[Page 45946]]
categories and subcategories of HAP sources. In cases where emission
standards are not feasible, section 112(h) of the CAA allows us to
develop design, equipment, work practice, and/or operational standards.
The collection of compliance options, operating requirements, and work
practice requirements in today's final rule make up the emission
standards and work practice standards for the PCWP NESHAP.
We are promulgating the amendments to 40 CFR part 429 under the
authority of sections 301, 304, 306, 307, 308, 402, and 501 of the CWA.
Section 112(c)(9) of the CAA allows us to delete categories and
subcategories from the list of HAP sources to be subject to MACT
standards under section 112(d) of the CAA, if certain substantive
criteria are met. (The EPA construes this authority to apply to listed
subcategories because doing so is logical in the context of the general
regulatory scheme established by the statute, and is reasonable since
section 112(c)(9)(B)(ii) expressly refers to subcategories.) To delete
a category or subcategory the Administrator must make an initial
demonstration that no source in the category or subcategory: (1) Emits
carcinogens in amounts that may result in a lifetime cancer risk
exceeding one in a million to the individual most exposed; (2) emits
noncarcinogens in amounts that exceed a level which is adequate to
provide an ample margin of safety to protect public health; and (3)
emits any HAP or combination of HAP in amounts that will result in an
adverse environmental effect, as defined by section 112(a)(7) of the
CAA.
B. What Criteria Are Used in the Development of NESHAP?
Section 112(d)(1) of the CAA requires that we establish NESHAP for
the control of HAP from both new and existing major sources. Section
112(d)(2) of the CAA requires the NESHAP to reflect the maximum degree
of reduction in emissions of HAP that is achievable. This level of
control is commonly referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standard is set at a level that ensures that all
major sources achieve a level of control at least as stringent as that
already achieved by the better-controlled and lower-emitting sources in
each source category or subcategory. For new sources, the MACT floor
cannot be less stringent than the emission control that is achieved in
practice by the best-controlled similar source. The MACT standards for
existing sources can be less stringent than standards for new sources,
but they cannot be less stringent than the average emission limitation
achieved by the best-performing 12 percent of existing sources in the
category or subcategory (or the best-performing 5 sources for
categories or subcategories with fewer than 30 sources).
In developing MACT under section 112(d)(2) of the CAA, we must also
consider any control options that are more stringent than the floor. We
may establish standards more stringent than the floor based on the
consideration of cost of achieving the emissions reductions, any non-
air quality health and environmental impacts, and energy requirements.
C. How Was the Final Rule Developed?
We proposed standards for PCWP on January 9, 2003 (68 FR 1276). The
preamble for the proposed standards described the rationale for the
proposed standards. Public comments were solicited at the time of
proposal. The public comment period lasted from January 9, 2003, to
March 10, 2003. Industry representatives, regulatory agencies,
environmental groups, and the general public were given the opportunity
to comment on the proposed rule and to provide additional information
during the public comment period. We also offered at proposal the
opportunity for a public hearing concerning the proposed rule, but no
hearing was requested. We met with stakeholders on several occasions.
We received a total of 57 public comment letters on the proposed
rule during the comment period. Comments were submitted by industry
trade associations, PCWP companies, State regulatory agencies, local
government agencies, and environmental groups. Today's final rule
reflects our consideration of all of the comments received during the
comment period. Major public comments on the proposed rule, along with
our responses to those comments, are summarized in this preamble.
D. What Are the Health Effects of the Pollutants Emitted From the PCWP
Industry?
The final rule protects air quality and promotes the public health
by reducing emissions of some of the HAP listed in section 112(b)(1) of
the CAA. The organic HAP from PCWP process units that have been
detected in one or more emission tests include acetaldehyde,
acetophenone, acrolein, benzene, biphenyl, bromomethane, carbon
disulfide, carbon tetrachloride, chloroform, chloroethane,
chloromethane, cresols, cumene, ethyl benzene, formaldehyde,
hydroquinone methanol, methylene chloride, methylene diphenyl
diisocyanate (MDI), methyl ethyl ketone (MEK), methyl isobutyl ketone
(MIBK), n-hexane, phenol, propionaldehyde, styrene, toluene, xylenes,
1,1,1-trichloroethane, bis-(2-ethylhexyl phthalate), 4-methyl-2-
pentanone, and di-n-butyl phthalate. Many of these HAP are rarely
detected and occur infrequently. The predominant organic HAP emitted
(i.e., those most likely to be emitted in detectable quantities and
with high mass relative to other HAP) by PCWP facilities include
acetaldehyde, acrolein, formaldehyde, methanol, phenol, and
propionaldehyde. Exposure to these compounds has been demonstrated to
cause adverse health effects when present in concentrations higher than
those typically found in ambient air. This section discusses the health
effects associated with the predominant HAP emitted by the PCWP
industry, as well as the health effects of the HAP contributing the
most to cancer and noncancer risks associated with these PCWP
facilities (organic HAP and some metal HAP) that must be included in
any demonstration of eligibility for the low-risk subcategory of PCWP
sources.
We do not have the necessary data on each PCWP facility and the
people living around each facility to determine the actual population
exposures to the HAP emitted from these facilities and the potential
health effects. Our screening assessment, conducted using health-
protective assumptions, indicates that potential noncancer health
impacts were negligible to target organ systems other than the central
nervous and respiratory systems. Furthermore, only acrolein and
formaldehyde showed the potential for acute exposures of any concern.
Therefore, noncancer effects other than those effecting the central
nervous or respiratory systems are not expected to occur prior to or
after regulation, and are provided below only to illustrate the nature
of the contaminant's effects at high dose. However, to the extent the
adverse effects do occur, today's final rule would reduce emissions by
sources subject to the standards and subsequent exposures to such
emissions.
1. Acetaldehyde
Acetaldehyde is ubiquitous in the environment and may be formed in
the body from the breakdown of ethanol (ethyl alcohol). In humans,
symptoms of chronic (long-term) exposure to
[[Page 45947]]
acetaldehyde resemble those of alcoholism. Long-term inhalation
exposure studies in animals reported effects on the nasal epithelium
and mucous membranes, growth retardation, and increased kidney weight.
We have classified acetaldehyde as a probable human carcinogen (Group
B2) based on animal studies that have shown nasal tumors in rats and
laryngeal tumors in hamsters.
2. Acrolein
Acute (short-term) inhalation exposure to acrolein may result in
upper respiratory tract irritation and congestion. The major effects
from chronic (long-term) inhalation exposure to acrolein in humans
consist of general respiratory congestion and eye, nose, and throat
irritation. Acrolein is a strong dermal irritant in humans. We consider
acrolein to be a possible human carcinogen (Group C) based on limited
animal cancer data suggesting an increased incidence of tumors in rats
exposed to acrolein in the drinking water.
3. Formaldehyde
Both acute (short-term) and chronic (long-term) exposure to
formaldehyde irritates the eyes, nose, and throat. Limited human
studies have reported an association between formaldehyde exposure and
lung and nasopharyngeal cancer. Animal inhalation studies have reported
an increased incidence of nasal squamous cell cancer. We consider
formaldehyde a probable human carcinogen (Group B2).
4. Methanol
Chronic (long-term) exposure of humans to methanol by inhalation or
ingestion may result in blurred vision, headache, dizziness, and
nausea. No information is available on the reproductive, developmental,
or carcinogenic effects of methanol in humans. Birth defects have been
observed in the offspring of rats and mice exposed to high
concentrations of methanol by inhalation. A methanol inhalation study
using rhesus monkeys reported a decrease in the length of pregnancy and
limited evidence of impaired learning ability in offspring. We have not
classified methanol with respect to carcinogenicity.
5. Phenol
Oral exposure to small amounts of phenol may cause irregular
breathing and muscular weakness. Anorexia, progressive weight loss,
diarrhea, vertigo, salivation, and a dark coloration of the urine have
been reported in chronically (long-term) exposed humans.
Gastrointestinal irritation and blood and liver effects have also been
reported. No studies of developmental or reproductive effects of phenol
in humans are available, but animal studies have reported reduced fetal
body weights, growth retardation, and abnormal development in the
offspring of animals exposed to relatively high doses of phenol by the
oral route. We have classified phenol in Group D, not classifiable as
to human carcinogenicity.
6. Propionaldehyde
Animal studies have reported that inhalation exposure to high
levels of propionaldehyde results in anesthesia and liver damage. No
information is available on the chronic (long-term), reproductive,
developmental, or carcinogenic effects of propionaldehyde in animals or
humans. We have not classified propionaldehyde for carcinogenicity.
7. Arsenic
Chronic (long-term) inhalation exposure to inorganic arsenic in
humans is associated with irritation of the skin and mucous membranes.
Human data suggest a relationship between inhalation exposure of women
working at or living near metal smelters and an increased risk of
reproductive effects. Inorganic arsenic exposure in humans by the
inhalation route has been shown to be strongly associated with lung
cancer. We have classified inorganic arsenic as a Group A, human
carcinogen.
8. Beryllium
Chronic (long-term) inhalation exposure of humans to beryllium has
been reported to cause chronic beryllium disease (berylliosis), in
which granulomatous (noncancerous) lesions develop in the lung.
Inhalation exposure to beryllium has been demonstrated to cause lung
cancer in rats and monkeys. Human studies are limited, but suggest a
causal relationship between beryllium exposure and an increased risk of
lung cancer. We have classified beryllium as a Group B1, probable human
carcinogen, when inhaled; data are inadequate to determine whether
beryllium is carcinogenic when ingested.
9. Cadmium
Chronic (long-term) inhalation or oral exposure to cadmium leads to
a build-up of cadmium in the kidneys that can cause kidney disease.
Cadmium has been shown to be a developmental toxicant at high doses in
animals, resulting in fetal malformations and other effects, but no
conclusive evidence exists in humans. Animal studies have demonstrated
an increase in lung cancer from long-term inhalation exposure to
cadmium. We have classified cadmium as a Group B1, probable human
carcinogen when inhaled; data are inadequate to determine whether
cadmium is carcinogenic when ingested.
10. Chromium
Chromium may be emitted from PCWP facilities in two forms,
trivalent chromium (chromium III) or hexavalent chromium (chromium VI).
The respiratory tract is the major target organ for chromium VI
toxicity. Bronchitis, decreased pulmonary function, pneumonia, and
other respiratory effects have been noted from chronic high
concentration exposure. Limited human studies suggest that chromium VI
inhalation exposure may be associated with complications during
pregnancy and childbirth, while animal studies have not reported
reproductive effects from inhalation exposure to chromium VI. Human and
animal studies have clearly established that inhaled chromium VI is a
carcinogen, resulting in an increased risk of lung cancer. We have
classified chromium VI as a Group A, human carcinogen by the inhalation
exposure route.
Chromium III is much less toxic than chromium VI. The respiratory
tract is also the major target organ for chromium III toxicity, similar
to chromium VI. Chromium III is an essential element in humans, with a
daily oral intake of 50 to 200 micrograms per day ([mu]g/d) recommended
for an adult. Data on adverse effects of high oral exposures of
chromium III are not available for humans, but a study with mice
suggests possible damage to the male reproductive tract. We have not
classified chromium III for carcinogenicity.
11. Manganese
Health effects in humans have been associated with both
deficiencies and excess intakes of manganese. Chronic (long-term)
exposure to low levels of manganese in the diet is considered to be
nutritionally essential in humans, with a recommended daily allowance
of 2 to 5 milligrams per day (mg/d). Chronic inhalation exposure to
high levels of manganese by inhalation in humans results primarily in
central nervous system (CNS) effects. Visual reaction time, hand
steadiness, and eye-hand coordination were affected in chronically-
exposed workers. Impotence and loss of libido have been noted in male
workers afflicted with manganism
[[Page 45948]]
attributed to high-dose inhalation exposures. We have classified
manganese as Group D, not classifiable as to human carcinogenicity.
12. Nickel
Nickel is an essential element in some animal species, and it has
been suggested it may be essential for human nutrition. Nickel
dermatitis, consisting of itching of the fingers, hands, and forearms,
is the most common effect in humans from chronic (long-term) skin
contact with nickel. Respiratory effects have also been reported in
humans from inhalation exposure to nickel. No information is available
regarding the reproductive or developmental effects of nickel in
humans, but animal studies have reported such effects, although a
consistent dose-response relationship has not been seen. The forms of
nickel which might be emitted from PCWP facilities include soluble
nickel, nickel subsulfide, and nickel carbonyl. We have classified
nickel refinery dust and nickel subsulfide as Group A, human
carcinogens, and nickel carbonyl as a Group B2, probable human
carcinogen, by inhalation exposure. Human and animal studies have
reported an increased risk of lung and nasal cancers from exposure to
nickel refinery dusts and nickel subsulfide. Animal inhalation studies
of soluble nickel compounds (i.e., nickel carbonyl) have reported lung
tumors.
13. Lead
Elemental lead may cause a variety of effects at low oral or
inhaled dose levels. Chronic (long-term) exposure to high levels of
lead in humans results in effects on the blood, CNS, blood pressure,
and kidneys. Children are particularly sensitive to the chronic effects
of lead, with slowed cognitive development, reduced growth, and other
effects reported. Reproductive effects, such as decreased sperm count
in men and spontaneous abortions in women, have been associated with
lead exposure. The developing fetus is at particular risk from maternal
lead exposure, with low birth weight and slowed postnatal
neurobehavioral development noted. Human studies are inconclusive
regarding lead exposure and cancer, while animal studies have reported
an increase in kidney cancer from lead exposure by the oral route. We
have classified lead as a Group B2, probable human carcinogen.
14. MDI
The MDI has been observed to irritate the skin and eyes of rabbits.
Chronic (long-term) inhalation exposure to MDI may cause asthma,
dyspnea, and other respiratory impairments in workers. We have
classified MDI within Group D, not classifiable as to human
carcinogenicity.
15. Benzene
Chronic (long-term) inhalation exposure has caused various
disorders in the blood, including reduced numbers of red blood cells.
Increased incidence of leukemia (cancer of the tissues that form white
blood cells) has been observed in humans occupationally exposed to
benzene. We have classified benzene as a Group A, known human
carcinogen.
E. Incorporation by Reference of NCASI Test Methods
Today's final rule amends 40 CFR 63.14 by revising paragraph (f) to
incorporate by reference two test methods developed by the National
Council of the Paper Industry for Air and Stream Improvement (NCASI):
(1) Method CI/WP-98.01, ``Chilled Impinger Method for Use at Wood
Products Mills to Measure Formaldehyde, Methanol, and Phenol'; and (2)
NCASI Method IM/CAN/WP-99.02, ``Impinger/Canister Source Sampling
Method for Selected HAPs and Other Compounds at Wood Products
Facilities.'' These methods are available from NCASI, Methods Manual,
P.O. Box 133318, Research Triangle Park, NC 27709-3318 or at http://www.ncasi.org. They are also available from the docket for the final
rule (Docket Number OAR-2003-0048 and Docket Number A-98-44). These
documents were approved for incorporation by reference by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
F. Incorporation by Reference of ASTM Test Method
Today's final rule amends 40 CFR 63.14 by adding paragraph (b)(54)
to incorporate by reference a test method developed by the American
Society for Testing and Materials (ASTM), ASTM D6348-03, ``Standard
Test Method for Determination of Gaseous Compounds by Extractive Direct
Interface Fourier Transform Infrared (FTIR) Spectroscopy.'' This test
method is available from ASTM, 100 Barr Harbor Drive, Post Office Box
C700, West Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb
Road, Ann Arbor, MI 48106. This document has been approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR 51.
II. Summary of the Final Rule
A. What Process Units Are Subject to the Final Rule?
The final rule regulates HAP emissions from PCWP facilities that
are major sources. Plywood and composite wood products are manufactured
by bonding wood material (fibers, particles, strands, etc.) or
agricultural fiber, generally with resin under heat and pressure, to
form a structural panel or engineered wood product. Plywood and
composite wood products manufacturing facilities also include
facilities that manufacture dry veneer and lumber kilns located at any
facility. Plywood and composite wood products include (but are not
limited to) plywood, veneer, particleboard, oriented strandboard,
hardboard, fiberboard, medium density fiberboard, laminated strand
lumber, laminated veneer lumber, wood I-joists, kiln-dried lumber, and
glue-laminated beams. Table 1 of this preamble lists the process units
at PCWP facilities and indicates which process units are subject to the
control requirements in today's final rule. ``Process unit'' means
equipment classified according to its function such as a blender,
dryer, press, former, or board cooler.
The affected source for the final rule is the combination of all
PCWP manufacturing operations, including PCWP process units, onsite
storage of raw materials, onsite wastewater treatment operations
associated with PCWP manufacturing, and miscellaneous coating
operations located at a major source facility. One of the implications
of this definition of affected source is that the control requirements,
or ``floor,'' as defined in section 112(d)(3), are determined for the
entire PCWP facility. Therefore, except for lumber kilns not otherwise
located at PCWP facilities, the final rule contains the control
requirements that represent the MACT level of control for the entire
facility. For lumber kilns not otherwise located at PCWP facilities,
the final rule contains the control requirements that represent the
MACT level of control only for lumber kilns.
[[Page 45949]]
Table 1.--Process Units That Are Subject to the Final Control
Requirements
------------------------------------------------------------------------
Does today's final rule include
control requirements for . . .
For the following process units ---------------------------------------
. . . Existing affected New affected
sources? sources?
------------------------------------------------------------------------
Softwood veneer dryers a; Yes. Yes.
primary tube dryers; secondary
tube dryers; rotary strand
dryers; conveyor strand dryers;
green rotary dryers; hardboard
ovens; reconstituted wood
product presses; and
pressurized refiners.
Press predryers; fiberboard mat No. Yes.
dryers; and board coolers.
Dry rotary dryers a; veneer No. No.
redryers a; softwood plywood
presses; hardwood plywood
presses; engineered wood
products presses; hardwood
veneer dryers a; humidifiers;
atmospheric refiners; formers;
blenders; rotary agricultural
fiber dryers; agricultural
fiber board presses; sanders;
saws; fiber washers; chippers;
log vats; lumber kilns; storage
tanks; wastewater operations;
miscellaneous coating
operations (including group 1
miscellaneous coating
operations a); and stand-alone
digesters.
------------------------------------------------------------------------
a These process units have work practice requirements in today's final
rule in addition to or instead of control requirements. Group 1
miscellaneous coating operations include application of edge seals,
nail lines, logo (or other information) paint, shelving edge fillers,
trademark/grade-stamp inks, and wood putty patches to PCWP (except
kiln-dried lumber) on the same site where the PCWP are manufactured.
Group 1 miscellaneous coating operations also include application of
synthetic patches to plywood at new affected sources.
B. What Pollutants Are Regulated by the Final Rule?
The final rule regulates HAP emissions from PCWP facilities. For
the purpose of compliance with 40 CFR part 63, subpart DDDD, we defined
``total HAP'' to be the sum of the emissions of six primary HAP emitted
from PCWP manufacturing. The six HAP that define total HAP make up 96
percent of the nationwide HAP emissions from PCWP facilities and are
acetaldehyde, acrolein, formaldehyde, methanol, phenol, and
propionaldehyde. Other HAP are sometimes emitted and controlled along
with these six HAP, but in lower quantities. Depending upon which of
the compliance alternatives you choose, you could be required to
measure emissions of total HAP, total hydrocarbon (THC), methanol, or
formaldehyde as surrogates for measuring all HAP. For the purpose of
determining whether your facility is a major source, you would have to
include all HAP as prescribed by rules and guidance pertaining to
determination of major source.
C. What Are the Compliance Options?
Today's final rule includes a range of compliance options, which
are summarized in the following subsections. You must use one of the
compliance options to show compliance with the final rule. In most
cases, the compliance options are the same for new and existing
sources. Dilution to achieve compliance is prohibited, as specified in
40 CFR 63.4.
1. Production-Based Compliance Options
Today's final rule includes production-based compliance options
(PBCO), which are based on total HAP and vary according to type of
process unit. Total HAP emissions are defined in today's final rule as
the total mass emissions of the following six HAP: acetaldehyde,
acrolein, formaldehyde, methanol, phenol, and propionaldehyde. The PBCO
are in units of mass of pollutant per unit of production. Add-on
control systems may not be used to meet the production-based compliance
options. For pressurized refiners and most dryers, the PBCO are
expressed as pounds per oven-dried-ton of wood (lb/ODT). For presses,
hardboard ovens, and some dryers, the PBCO are expressed as pounds per
thousand square feet of board (lb/MSF), with a reference board
thickness. There is no PBCO for conveyor strand dryers.
2. Add-On Control System Compliance Options
If you operate a process unit equipped with an add-on control
system, you may use any one of the following six compliance options.
``Add-on control system'' or ``control system'' means the combination
of capture and control devices used to reduce HAP emissions to the
atmosphere.
(1) Reduce THC emissions (as carbon, and minus methane if you wish
to subtract methane) by 90 percent.
(2) Reduce methanol emissions by 90 percent.
(3) Reduce formaldehyde emissions by 90 percent.
(4) Limit the concentration of THC (as carbon, and minus methane if
you wish to subtract methane) in the outlet of the add-on control
system to 20 parts per million by volume, dry basis (ppmvd).
(5) Limit the concentration of methanol in the exhaust from the
add-on control system to 1 ppmvd (can be used only if the concentration
of methanol entering the control device is greater than or equal to 10
ppmvd).
(6) Limit the concentration of formaldehyde in the exhaust from the
add-on control system to 1 ppmvd (can be used only if the concentration
of formaldehyde entering the control device is greater than or equal to
10 ppmvd).
In the first three options ((1) through (3)), the 90 percent
control efficiency represents a total control efficiency. Total control
efficiency is defined as the product of the capture efficiency and the
control device efficiency. For process units such as rotary strand
dryers, capture efficiency is not an issue because the rotary strand
dryer has a single exhaust point which is easily captured by the
control device. However, for presses and board coolers, the HAP
emissions cannot be completely captured without installing an
enclosure. If the enclosure meets the criteria for a wood products
enclosure as defined in Sec. 63.2292 in today's final rule, then you
would assign the enclosure a capture efficiency of 100 percent. You
must test other enclosures to determine capture efficiency using EPA
Test Methods 204 and 204A through 204F (as appropriate) found in 40 CFR
part 51, appendix M, or the alternative tracer gas procedure in
appendix A to today's final rule. For the three concentration options
((4) through (6)), you must have an enclosure that either meets the
criteria for a wood products enclosure or achieves a capture efficiency
greater than or equal to 95 percent.
The six compliance options are equivalent ways to express the HAP
control levels that represent the MACT floor. Because the compliance
options are equivalent for controlling HAP emissions, you are required
to meet only
[[Page 45950]]
one of the six compliance options for add-on control systems. However,
you must designate in your permit which one of the six options you have
selected for the affected process unit. If you plan to operate a given
process unit under different conditions, you may incorporate multiple
compliance options for the add-on control system into your permit, as
long as each separate operating condition is identified along with the
compliance option that corresponds to that operating condition.
3. Emissions Averaging Compliance Option
Emissions averaging is a means of achieving the required emissions
reductions in a less costly way. Therefore, if you operate an existing
affected source, for each process unit you could choose to comply with
the emissions averaging provisions instead of the production-based
compliance options or add-on control system compliance options.
Emissions averaging is a system of debits and credits in which the
credits must equal or exceed the debits. ``Debit-generating process
units'' are the PCWP process units that are required to meet the
control requirements but that you choose to either not control or
under-control. ``Credit-generating process units'' are the PCWP process
units that you choose to control that are not required to be controlled
under the standards. When determining your actual mass removal (AMR) of
HAP, you may include partial credits generated from debit-generating
process units that are under-controlled (e.g., you may receive credit
for 25 percent control of a debit-generating process unit). Control
devices used for credit-generating process units may not be assigned
more than 90 percent control efficiency.
Under the emissions averaging provisions, you would determine the
required mass removal (RMR) of total HAP from debit-generating process
units for a 6-month compliance period. Total HAP is defined in today's
final rule to include acetaldehyde, acrolein, formaldehyde, methanol,
phenol, and propionaldehyde. The RMR would be based on initial total
HAP measurements for each debit-generating process unit, your process
unit operating hours for a 6-month period, and the required 90 percent
control system efficiency. One hundred percent of the RMR for debit-
generating process units would have to be achieved or exceeded by the
AMR of total HAP achieved by credit-generating process units. The AMR
is determined based on initial performance tests, the total HAP removal
efficiency (not to exceed 90 percent) of the control systems used to
control the credit-generating process units, and your process unit
operating hours over the 6-month period.
There are some restrictions on use of the emissions averaging
provisions in today's final rule. You must limit emissions averaging to
the process units located within your affected source. Emissions
averaging may not be used at new affected sources. You may not include
in an emissions average those process units that are not operating or
that are shut down. Only PCWP process units using add-on control
systems may be used to generate credits.
D. What Operating Requirements Are in the Final Rule?
The operating requirements in today's final rule apply to add-on
control systems used to comply with the final rule and to process units
meeting the final production-based compliance options or emissions
averaging provisions without an add-on control device (e.g., debit-
generating process units). For incineration-based control devices and
biofilters, the final rule specifies that you must either monitor
operating parameters or use a THC continuous emission monitoring system
(CEMS) to demonstrate continuous compliance. The final operating
requirements are summarized below:
If you operate a thermal oxidizer, such as a regenerative
thermal oxidizer (RTO), you must maintain the firebox temperature at a
level that is greater than or equal to the minimum temperature
established during the performance test. If you operate a combustion
unit that accepts process exhaust into the flame zone, you are exempt
from the testing and monitoring requirements described above for
thermal oxidizers.
If you operate a catalytic oxidizer, such as a
regenerative catalytic oxidizer (RCO) or thermal catalytic oxidizer
(TCO), you must maintain the average catalytic oxidizer temperature at
or above the minimum temperature established during the performance
test. You must also check the activity level of a representative sample
of the catalyst at least every 12 months.
If you operate a biofilter, you must maintain the average
biofilter bed temperature within the range you develop during the
initial performance test or during qualifying previous performance
tests using the required test methods. If you use values from previous
performance tests to establish the operating parameter ranges, you must
certify that the biofilter and associated process unit(s) have not been
modified subsequent to the date of the performance tests.
If you operate an add-on control system not listed in
today's final rule, you must establish operating parameters to be
monitored and parameter values that represent your operating
requirements during the performance test, subject to prior written
approval by the Administrator.
If you operate a process unit that meets the production-
based compliance options or a process unit that generates debits in an
emissions average without an add-on control device, you must maintain
on a daily basis the process unit controlling operating parameter(s)
within the ranges established during the performance test corresponding
to the representative operating conditions identified during the
performance test.
As an alternative to monitoring the operating parameters
specified above for thermal oxidizers, catalytic oxidizers, biofilters,
other control devices, and process units that meet compliance options
without add-on control systems, you may monitor THC concentration in
the outlet stack with a THC CEMS. If you select this option, you must
maintain the outlet THC concentration below the maximum concentration
established during the performance test. You may choose to subtract
methane from the THC concentration measured by the CEMS if you wish to
do so.
E. What Are the Work Practice Requirements?
The work practice requirements in today's final rule apply to
softwood veneer dryers, dry rotary dryers, veneer redryers, hardwood
veneer dryers, and group 1 miscellaneous coating operations. For
softwood veneer dryers, the work practice requirements require you to
minimize fugitive emissions from the veneer dryer doors (by applying
appropriate operation and maintenance procedures) and from the green
end of the dryers (through proper balancing of hot zone exhausts). For
group 1 miscellaneous coating operations, the work practice
requirements specify that you must use a non-HAP coating. The work
practice requirements also specify parameters that you must monitor to
demonstrate that each dry rotary dryer, veneer redryer, and hardwood
veneer dryer continuously operates in a manner consistent with the
definitions of these process units provided in today's final rule, as
follows:
If you operate a dry rotary dryer, you must maintain the
inlet dryer temperature at or below 600[deg]F and maintain the moisture
content of the wood particles entering the dryer at or below 30 weight
percent, on a dry basis.
[[Page 45951]]
If you operate a veneer redryer, you must maintain the
moisture content of the wood veneer entering the dryer at or below 25
percent, by weight.
If you operate a hardwood veneer dryer, you must process
less than 30 percent, by volume, softwood species each year.
F. When Must I Comply With the Final Rule?
Existing PCWP facilities must comply within 3 years of September
28, 2004. New sources that commence construction after January 9, 2003,
must comply immediately upon initial startup or on September 28, 2004,
whichever is later.
Existing sources that wish to be included in the delisted low-risk
subcategory must receive EPA approval of their eligibility
demonstrations no later than 3 years after September 28, 2004, or be in
compliance with the final rule. New sources that wish to be included in
the delisted low-risk subcategory must receive EPA approval of their
eligibility demonstrations no later than initial startup or on
September 28, 2004, which ever is later, or be in compliance with the
final rule.
G. How Do I Demonstrate Initial Compliance With the Final Rule?
The initial compliance requirements in today's final rule vary with
the different compliance options.
1. Production-Based Compliance Options
If you are complying with the PBCO in today's final rule, you must
conduct an initial performance test using specified test methods to
demonstrate initial compliance. You must test the efficiency of your
emissions capture device during the initial performance test if the
process unit is a press or board cooler. The actual emission rate of
the press or board cooler is equivalent to the measured emissions
divided by the capture efficiency. You must test prior to any wet
control device operated on the process unit. During the performance
test, you must identify the process unit controlling parameter(s) that
affect total HAP emissions; these parameters must coincide with the
representative operating conditions you describe in the performance
test. For each parameter, you must specify appropriate monitoring
methods and monitoring frequencies, and for continuously monitored
parameters, you must specify averaging times not to exceed 24 hours.
You must install process monitoring equipment or establish
recordkeeping procedures to be used to demonstrate compliance with the
operating requirements for the parameters you select. During the
initial performance test, you must use the process monitoring equipment
or recordkeeping procedures to establish the parameter value (e.g.,
maximum, minimum, average, or range, as appropriate) that represents
your operating requirement for the process unit. Alternatively, you may
install a THC CEMS and monitor the process unit outlet THC
concentration and establish your THC operating requirement during the
performance test.
2. Add-On Control System Compliance Options
If you use the compliance options for add-on control systems, you
must conduct an initial performance test using specified test methods
to demonstrate initial compliance. With the exception of the 20 ppmvd
THC concentration option, you must test at both the inlet and the
outlet of the HAP control device. For HAP-altering controls in
sequence, such as a wet control device followed by a thermal oxidizer,
you must test at the functional inlet of the control sequence (e.g.,
prior to the wet control device) and at the outlet of the control
sequence (e.g., thermal oxidizer outlet). If you use a wet control
device as the sole means of reducing HAP emissions, you must develop
and implement a plan to address how organic HAP captured in the
wastewater from the wet control device is contained or destroyed to
minimize re-release to the atmosphere such that the desired emission
reduction is obtained. If you use any of the six compliance options for
add-on control systems, and the process unit is a press or a board
cooler without a wood products enclosure, you must also test the
capture efficiency of your partial wood products enclosure. Prior to
the initial performance test, you must install control device parameter
monitoring equipment or THC CEMS to be used to demonstrate compliance
with the operating requirements for add-on control systems in today's
final rule. During the initial performance test, you must use the
control device parameter monitoring equipment or THC CEMS to establish
the parameter values that represent your operating requirements for the
control systems. If your add-on control system is preceded by a
particulate control device (e.g., baghouse or wet electrostatic
precipitators (WESP)), you must establish operating parameter values
for the HAP control system and not for the particulate control device.
If your control device is a biofilter, then you may use values recorded
during previous performance tests for the biofilter to establish your
operating requirements as long as you were in compliance with the
emission limits in today's final rule when the data were collected, the
test data were obtained using the test methods in today's final rule,
and no modifications were made to the process unit or biofilter
subsequent to the date of the performance tests.
3. Emissions Averaging Compliance Option
If you elect to comply with the emissions averaging compliance
option in today's final rule, you must submit an Emissions Averaging
Plan (EAP) to the Administrator for approval. The EAP must describe the
process units you are including in the emissions average. The plan also
must specify which process units will be credit-generating units
(including under-controlled, debit-generating process units that also
generate credits) and which process units will be debit-generating
units. The EAP must also include descriptions of the control systems
used to generate emission credits, documentation of the total HAP
measurements made to determine the RMR, calculations and supporting
documentation to demonstrate that the AMR will be greater than or equal
to the RMR, and a summary of the operating parameters that will be
monitored.
Following approval of your EAP, you must conduct performance tests
to determine the total HAP emissions from all process units included in
the EAP. The credit-generating process units must be equipped with add-
on control systems; therefore, for those process units, you must follow
the procedures for demonstrating initial compliance as outlined above
for add-on control systems. For debit-generating process units without
air pollution control devices (APCD), you must follow the same
procedure for establishing your operating requirements as outlined
above for process units meeting the PBCO. The emissions averaging
provisions require you to conduct all total HAP measurements and
performance test(s) when the process units are operating under
representative operating conditions. Today's final rule defines
``representative operating conditions'' as those conditions under which
the process unit will typically be operating following the compliance
date. Representative conditions include such things as using a
representative range of materials (e.g., wood material of a typical
species mix and moisture content, typical resin formulations) and
[[Page 45952]]
operating the process unit at typical operating temperature ranges.
4. Work Practice Requirements
The work practice requirements in today's final rule do not require
you to conduct any initial performance tests. To demonstrate initial
compliance with the work practice requirements for dry rotary dryers,
you must install parameter monitoring devices to continuously monitor
the dryer inlet operating temperature and the moisture content (dry
basis) of the wood furnish (i.e., wood fibers, particles, or strands
used for making board) entering the dryer. You must then use the
parameter monitoring devices to continuously monitor and record the
dryer temperature and wood furnish moisture content for a minimum of 30
days. If the monitoring data indicate that during the minimum 30-day
demonstration period, your dry rotary dryer continuously processed wood
furnish with an inlet moisture content less than or equal to 30
percent, and the dryer was continuously operated at an inlet dryer
temperature less than or equal to 600[deg]F, then your dryer meets the
definition of a dry rotary dryer in today's final rule. You must submit
the monitoring data as part of your notification of compliance status
report.
To demonstrate initial compliance with the work practice
requirements for hardwood veneer dryers, you must calculate the
annualized percentage of softwood veneer processed in the dryer by
volume, using veneer dryer production records for the 12-month period
prior to the compliance date. If the total annual percentage by volume
of softwood veneer is less than 30 percent, your veneer dryer meets the
definition of hardwood veneer dryer. You must then submit a summary of
the production data for the 12-month period and a statement verifying
that the veneer dryer will continue to process less than 30 percent
softwoods as part of your notification of compliance status report.
To demonstrate initial compliance with the work practice
requirements for softwood veneer dryers, you must develop a plan for
minimizing fugitive emissions from the veneer dryer green end and
heated zones. You must submit the plan with your notification of
compliance status report.
To demonstrate initial compliance with the work practice
requirements for veneer redryers, you must install a device that can be
used to continuously monitor the moisture content (dry basis) of veneer
entering the dryer. You must then use the moisture monitoring device to
continuously monitor and record the inlet moisture content of the
veneer for a minimum of 30 days. If the monitoring data indicate that
your veneer dryer continuously processed veneer with a moisture content
less than or equal to 25 percent during the minimum 30-day
demonstration period, then your veneer dryer meets the definition of a
veneer redryer in today's final rule. You must submit the monitoring
data as part of your notification of compliance status report.
To demonstrate initial compliance with the work practice
requirement for group 1 miscellaneous coating operations, you must
submit a signed statement with your notification of compliance status
report stating that you are using non-HAP coatings. You must also have
a record (e.g., material safety data sheets) showing that you are using
non-HAP coatings as defined in today's final rule.
H. How Do I Demonstrate Continuous Compliance With the Final Rule?
The continuous compliance requirements in today's final rule vary
with the different types of compliance options.
1. Production-Based Compliance Options
If you comply with the PBCO, then you must monitor and/or record
the controlling operating parameter(s) identified as affecting total
HAP emissions from the process unit(s) in the performance test. For
each parameter, you must use the monitoring methods, monitoring
frequencies, and averaging times (for continuously monitored parameters
not to exceed 24 hours) specified in your performance test and
Notification of Compliance Status. For each operating parameter, you
must maintain on a daily basis the parameter at or above the minimum,
at or below the maximum, or within the range (whichever applies)
established during the performance test.
Instead of monitoring process operating parameters, you may operate
a CEMS for monitoring THC concentration to demonstrate compliance with
the operating requirements in today's final rule. If you choose to
operate a THC CEMS in lieu of a continuous parameter monitoring systems
(CPMS), you must demonstrate continuous compliance, as described in the
following subsection.
2. Add-On Control System Compliance Options
For add-on control systems, you must install a CPMS to monitor the
temperature or install a CEMS to monitor THC concentration to
demonstrate compliance with the operating requirements in today's final
rule. If you operate a CPMS, you must have at least 75 percent of the
required recorded readings for each 3-hour or 24-hour block averaging
period to calculate the data averages. You must operate the CPMS at all
times the process unit is operating. You must also conduct proper
maintenance of the CPMS and maintain an inventory of necessary parts
for routine repairs of the CPMS. Using the data collected with the
CPMS, you must calculate and record the average values of each
operating parameter according to the specified averaging times.
For thermal oxidizers, you must continuously maintain the 3-hour
block average firebox temperature at or above the minimum temperature
established during the performance test. For catalytic oxidizers, you
must continuously maintain the 3-hour block average catalytic oxidizer
temperature at or above the minimum value established during the
performance test. You must also check the activity level of a
representative sample of the catalyst at least every 12 months and take
any necessary corrective action to ensure that the catalyst is
performing within its design range.
For biofilters, you must continuously maintain the 24-hour block
average biofilter bed temperature within the operating range you
establish during the performance test. You must also conduct a repeat
performance test using the applicable method(s) within 2 years
following the previous performance test and within 180 days after each
replacement of any portion of the biofilter bed with a different media
or each replacement of more than 50 percent (by volume) of the
biofilter bed media with the same type of media.
If you choose to operate a CEMS for monitoring THC concentration
instead of operating a CPMS, you must install, operate, and maintain
the CEMS according to Performance Specification 8 in 40 CFR part 60,
appendix B. You must also comply with the CEMS data quality assurance
requirements in Procedure 1 of appendix F of 40 CFR part 60. You must
conduct a performance evaluation of the CEMS according to 40 CFR 63.8
and Performance Specification 8. The CEMS must complete a minimum of
one cycle of operation (sampling, analyzing, and data recording) for
each successive 15-minute period. Using the data collected with the
CEMS, you must calculate and record the 3-hour block average THC
concentration for thermal or catalytic oxidizers. For biofilters, you
must calculate and record the 24-hour block
[[Page 45953]]
average THC concentration. You must continuously monitor and maintain
the 24-hour block average THC concentration at or below the maximum
established during the performance test. You may use a CEMS that
subtracts methane from the measured THC concentration if you wish to do
so.
If you comply with today's final rule using an add-on control
system, you may request a routine control device maintenance exemption
from the Administrator. Your request for a routine control device
maintenance exemption must document the need for routine maintenance on
the control device and the time required to accomplish the maintenance,
describe the maintenance activities and the frequency of these
activities, explain why the maintenance cannot be accomplished during
process shutdowns, describe how you plan to make reasonable efforts to
minimize emissions during these maintenance activities, and provide any
other documentation required by the Administrator. If your request for
the routine control device maintenance exemption is approved by the
Administrator, it must be incorporated into your title V permit. The
compliance options and operating requirements would not apply during
times when control device maintenance covered under your approved
routine control device maintenance exemption is performed. The routine
control device maintenance exemption may not exceed 3 percent of annual
operating uptime for each green rotary dryer, tube dryer, rotary strand
dryer, or pressurized refiner controlled. The routine control device
maintenance exemption is limited to 0.5 percent of the annual operating
uptime for each softwood veneer dryer, reconstituted wood product
press, reconstituted wood product board cooler, hardboard oven, press
predryer, conveyor strand dryer, or fiberboard mat dryer controlled. If
your control device is used to control a combination of equipment with
different downtime allowances (e.g., a tube dryer and a press), then
the highest (i.e., 3 percent) downtime allowance applies.
3. Emissions Averaging Compliance Option
To demonstrate continuous compliance with the emissions averaging
provisions, you must continuously comply with the applicable operating
requirements for add-on control systems (described in the previous
subsection). You also must maintain records of your operating hours for
each process unit included in the EAP. For each semiannual compliance
period, you must demonstrate that the AMR equals or exceeds the RMR
using your initial (or most recent) total HAP measurements for debit-
generating units, initial (or most recent) performance test results for
credit-generating units, and the operating hours recorded for the
semiannual compliance period.
4. Work Practice Requirements
To demonstrate continuous compliance with the work practice
requirements for dry rotary dryers and veneer redryers, you must
operate all dry rotary dryers and veneer redryers so that they
continuously meet the definitions of these process units in today's
final rule. For dry rotary dryers, you must continuously monitor and
maintain the inlet furnish moisture content at or below 30 percent and
the inlet dryer operating temperature at or below 600[deg]F. You must
also calibrate the moisture monitor based on the procedures specified
by the moisture monitor manufacturer at least once per semiannual
compliance period to verify the readings from the moisture meter. For
veneer redryers, you must continuously monitor and maintain the inlet
veneer moisture content at or below 25 percent.
To demonstrate continuous compliance with the work practice
requirements for softwood veneer dryers, you must follow the procedures
in your operating plan for minimizing fugitive emissions from the green
end and heated zones of the veneer dryer and maintain records
documenting that you have followed your plan. For hardwood veneer
dryers, you must continue to process less than 30 percent softwood
veneer by volume and maintain records on veneer dryer production.
To demonstrate continuous compliance with the work practice
requirements for group 1 miscellaneous coating operations, you must
keep records showing that you continue to use non-HAP coatings as
defined in the final rule.
I. How Do I Demonstrate That My Affected Source Is Part of the Low-Risk
Subcategory?
For your affected source to be part of the delisted low-risk
subcategory, you must have a low-risk demonstration approved by EPA,
and you must then have federally enforceable conditions reflecting the
parameters used in your EPA-approved demonstration incorporated into
your title V permit to ensure that your affected source remains low-
risk. Low-risk demonstrations for eight facilities were conducted by
EPA, and no further demonstration is required for them. They will,
however, need to obtain title V permit terms reflecting their status.
(We will provide these sources and their title V permitting authorities
with the necessary parameters for establishing corresponding permit
terms and conditions.) These facilities are listed in Table 2 to this
preamble. Other facilities may demonstrate to EPA that their PCWP
affected source is low risk by using the look-up tables in appendix B
to 40 CFR part 63, subpart DDDD or conducting a site-specific risk
assessment as specified in appendix B to subpart DDDD. Appendix B to
subpart DDDD also specifies which process units and pollutants must be
included in your low-risk demonstration, emissions testing methods, the
criteria for determining if an affected source is low risk, risk
assessment methodology (look-up table analysis or site-specific risk
analysis), contents of the low-risk demonstration, schedule for
submitting and obtaining approval of your low-risk demonstration, and
methods for ensuring that your affected source remains in the low-risk
subcategory. If you demonstrate that your affected source is part of
the delisted low-risk subcategory of PCWP manufacturing facilities,
then your affected source is not subject to the MACT compliance
options, operating requirements, and work practice requirements in the
final PCWP rule (subpart DDDD).
1. Low-Risk Criteria
We may approve your affected source as eligible for membership in
the delisted low-risk subcategory of PCWP sources if we determine that
it is low risk for both carcinogenic and noncarcinogenic effects. To be
considered low risk, the PCWP affected source must meet the following
criteria: (1) The maximum off-site individual lifetime cancer risk at a
location where people live is less than one in one million for
carcinogenic chronic inhalation effects; (2) every maximum off-site
target-organ specific hazard index (TOSHI) (or, alternatively, an
appropriately site-specific set of hazard indices based on similar or
complementary mechanisms of action that are reasonably likely to be
additive at low dose or dose-response data for your affected source's
HAP mixture) at a location where people live is less than or equal to
1.0 for noncarcinogenic chronic inhalation effects; and (3) the maximum
off-site acute hazard quotients for acrolein and formaldehyde are less
than or equal to 1.0 for
[[Page 45954]]
noncarcinogenic acute inhalation effects. These criteria are built into
the look-up tables included in appendix B to subpart DDDD. Facilities
conducting site-specific risk assessments must explicitly demonstrate
that they meet these criteria. Facilities need not perform site-
specific multipathway human health risk assessments or ecological risk
assessments since EPA performed a source category-wide screening
assessment which demonstrates that these risks are insignificant for
all sources.
2. PCWP Affected Sources Delisted in Today's Action
Eight PCWP affected sources are being delisted today as part of the
low-risk subcategory. They are listed below in Table 2 of this
preamble. If your affected source is part of the low-risk subcategory
and you do not wish it to remain in the subcategory, you may notify us,
in writing, and we will remove your affected source from the low-risk
subcategory. Any affected sources removed from the low-risk subcategory
are subject to the requirements of subpart DDDD, as applicable. Please
address your written notification to Ms. Mary Tom Kissell (see FOR
FURTHER INFORMATION CONTACT section).
Table 2. -- Low - Risk Affected Sources in the Low-Risk PCWP Subcategory
------------------------------------------------------------------------
Name of Affected Source Location
------------------------------------------------------------------------
Georgia-Pacific Plywood Plant.......... Monroeville, AL.
Georgia-Pacific--Hawthorne Plywood Mill Hawthorne, FL.
Oregon Panel Products (Lebanite)....... Lebanon, OR.
Hardel Mutual Plywood Corporation...... Chehalis, WA.
Hood Industries, Incorporated.......... Wiggins, MS.
Plum Creek Manufacturing, LP........... Kalispell, MT.
Potlatch Corporation--St. Maries St. Maries, ID.
Plywood.
SierraPine Limited, Rocklin MDF........ Rocklin, CA.
------------------------------------------------------------------------
We performed a risk assessment to determine the magnitude of
potential chronic human cancer and noncancer risks and the potential
for acute noncancer risks and adverse environmental impacts associated
with the sources in the PCWP source category. The risk assessment was
performed for 181 of the 223 major PCWP affected sources. Affected
sources where available location data were ambiguous or where all of
their site-specific information was requested to be treated as
confidential were excluded from the analysis, leaving a total of 181
affected sources in the assessment. For the risk assessment, we used
our baseline emission estimates (developed using average emission
factors and, if available, site-specific process throughput data) and
model PCWP emissions release characteristics as inputs into our Human
Exposure Model (HEM) to generate cancer and non-cancer risk estimates
for the 181 PCWP affected sources. The risk assessment methodology is
explained in detail in the supporting information for this final rule.
Because our risk estimates include model emissions release
information, they are not as rigorous as the risk demonstrations we are
requiring PCWP affected sources to perform. Therefore, to ensure the
affected sources listed in Table 2 of this preamble meet the low risk
criteria in appendix B to subpart DDDD, we subjected them to more
stringent standards than required for risk demonstrations based on
better (i.e., site-specific) data. First, we increased the level of
protection to human health by a factor of 10. Instead of using the
criteria established in appendix B to subpart DDDD of one in 1 million
risk for cancer and TOSHI of less than or equal to 1.0, PCWP affected
sources with cancer risk greater than 0.1 in 1 million or a TOSHI
greater than 0.1 were excluded. For the remaining PCWP affected
sources, we estimated emission factors based on the highest emissions
test data we had. We remodeled these PCWP affected sources using worst-
case (i.e. highest) emission factors and the January 2004 IRIS cancer
URE for formaldehyde. From this analysis, affected sources with hazard
index values greater than 0.2 or cancer risks greater than one in 1
million were excluded. Of the remaining affected sources, we eliminated
those that are closed, have pending enforcement actions, and that did
not submit or claimed as confidential site-specific throughput data. We
also consulted with an industry trade association and they removed
various affected sources from the list for various reasons.
3. Determining HAP Emissions From the Affected Source
You must include in your low-risk demonstration every process unit
within the PCWP affected source that emits one or more of the following
HAP: acetaldehyde, acrolein, arsenic, benzene, beryllium, cadmium,
chromium, formaldehyde, lead, MDI, manganese, nickel, and phenol. You
must conduct emissions testing using the methods specified in appendix
B to subpart DDDD. For reconstituted wood product presses or
reconstituted wood product board coolers, you must determine the
capture efficiency of the capture device. If you use a control device
for purposes of demonstrating that your affected source is part of the
low-risk subcategory, then you must collect monitoring data and
establish operating limits for the control system using the same
methods specified in subpart DDDD.
4. Low-Risk Demonstrations
Once you have conducted emissions testing, you may perform a lookup
table analysis or site-specific risk analysis. Regardless of the type
of risk analysis used, you must use the most recent EPA-approved dose-
response values as posted on our Air Toxics Website at http://www.epa.gov/ttn/atw/toxsource/summary.html to demonstrate that your
affected source may be part of the low-risk subcategory. If you can
demonstrate that your affected source is low-risk based on the look-up
table analysis, then you need not complete a site-specific risk
analysis. If your affected source is not low-risk based on the look-up
table analysis, then you may elect to proceed with site-specific risk
analysis. Appendix B to subpart DDDD specifies what your low-risk
demonstration must contain.
Look-up table analysis. You may use the look-up tables (Tables 3
and 4 to 40 CFR part 63, subpart DDDD, appendix B) to determine if your
affected source may be part of the low-risk subcategory. Table 3 to
appendix B to subpart DDDD provides the maximum allowable toxicity-
weighted carcinogen emission rate, and Table 4 to appendix B to subpart
DDDD provides the maximum allowable toxicity-weighted noncarcinogen
emission rate that your affected source can emit. To use the look-up
tables, you must determine your toxicity-weighted carcinogen and
noncarcinogen emission rates using the equations in appendix B to
subpart DDDD; the average stack height of all PCWP emission points at
your affected source; and the minimum distance from any emission point
to the nearest property boundary. If the total toxicity-weighted
carcinogen and noncarcinogen emission rates for your affected source
are less than or equal to the values in both look-up tables, then EPA
may approve your affected source as part of the low-risk subcategory of
PCWP affected sources.
Site-specific risk assessment. You may use any scientifically-
accepted peer-reviewed risk assessment methodology to demonstrate to
EPA that
[[Page 45955]]
your affected source may be low risk. An example approach to performing
a site-specific risk assessment for air toxics that may be appropriate
for your affected source can be found in the ``Air Toxics Risk
Assessment Reference Library.'' However, this approach may not be
appropriate for all affected sources, and EPA may require that any
specific affected source use an alternative approach. You may obtain a
copy of the ``Air Toxics Risk Assessment Reference Library, Volume 2,
Site-Specific Risk Assessment Technical Resource Document'' through
EPA's air toxics website at www.epa.gov/ttn/atw.
For EPA to approve your low-risk demonstration, you must
demonstrate that: (1) The maximum off-site individual lifetime cancer
risk at a location where people live is less than one in one million
for carcinogenic chronic inhalation effects; (2) every maximum off-site
TOSHI at a location where people live is less than or equal to 1.0 for
non-carcinogenic chronic inhalation effects; and (3) the maximum off-
site acute hazard quotients for acrolein and formaldehyde are less than
or equal to 1.0 for noncarcinogenic acute inhalation effects.
5. When Must I Submit Risk Demonstrations to EPA?
You must submit your low-risk demonstration to EPA for approval. If
you have an existing affected source, you must submit your low-risk
demonstration no later than July 31, 2006. To facilitate the review and
approval process, EPA encourages facilities to submit their assessments
as soon as possible. If you have an affected source that is an area
source that increases its emissions or its potential to emit such that
it becomes a major source of HAP before the effective date of subpart
DDDD, then you must complete and submit for EPA approval your low-risk
demonstration no later than July 31, 2006. If you have an affected
source that is an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP after the
effective date of subpart DDDD, then you must complete and submit for
approval your low-risk demonstration no later than 12 months after you
become a major source or after initial startup of your affected source
as a major source, whichever is later.
If you have a new or reconstructed affected source you must conduct
the emission tests upon initial startup and use the results of these
emissions tests to complete and submit your low-risk demonstration
within 180 days following your initial startup date. If your new or
reconstructed affected source starts up before the effective date of
subpart DDDD, for EPA to find that you are included in the low-risk
subcategory, your low-risk demonstration must show that you were
eligible for the low-risk subcategory no later than the effective date
of subpart DDDD. If your new or reconstructed source starts up after
the effective date of subpart DDDD, for EPA to find that you are
included in the low-risk subcategory, your low-risk demonstration must
show that you were eligible for the low-risk subcategory upon initial
startup of your affected source.
Affected sources that are not part of the low-risk subcategory
within 3 years after the effective date of subpart DDDD must comply
with the requirements of 40 CFR part 63, subpart DDDD. Facilities may
not request compliance extensions from the permitting authority if they
fail to demonstrate they are part of the low-risk subcategory or to
request additional time to install controls to become part of the low-
risk subcategory. All approved low risk sources must then obtain title
V permit revisions including terms and conditions reflecting the
parameters used in their approved demonstrations, according to the
schedules in their applicable part 70 or part 71 title V permit
programs.
6. Remaining in the Low-Risk Subcategory
You must ensure that your affected source is low risk by
periodically certifying your affected source is low risk, monitoring
applicable HAP control device parameters, and by maintaining certain
records. You must certify with each annual title V permit compliance
certification that the basis for your affected source's low-risk
determination has not changed. Your certification must consider process
changes that increase HAP emissions, population shifts, and changes to
dose-response values. If your affected source commences operating
outside of the low-risk subcategory, it is no longer part of the low-
risk subcategory. You must notify the permitting authority as soon as
you know, or could have reasonably known, that your affected source is
or will be operating outside of the low-risk subcategory. You must be
in compliance with all of the applicable requirements of 40 CFR part
63, subpart DDDD beginning on the date when your affected source
commences operating outside the low-risk subcategory if you had a
process change that increases HAP emissions. If you are operating
outside of the low-risk subcategory due to a population shift or change
to dose-response values, then you must comply with all of the
applicable requirements of 40 CFR part 63, subpart DDDD no later than
three years from the date your affected source commences operating
outside the low-risk subcategory.
III. Summary of Environmental, Energy, and Economic Impacts
A. How Many Facilities Are Impacted by the Final Rule?
Facilities with estimated potential to emit 25 tons or more of
total HAP or 10 or more tons of an individual HAP are major sources of
HAP and are subject to the final rule. Approximately 223 PCWP major
source facilities nationwide are expected to meet the applicability
criteria defined in today's final rule. These major source facilities
generally manufacture one or more of the following products: Softwood
plywood, softwood veneer, medium density fiberboard (MDF), oriented
strandboard (OSB), particleboard, hardboard, laminated strand lumber,
and laminated veneer lumber. However, only 212 of these facilities have
equipment that is subject to the control requirements of the final
rule. In addition, there are approximately 34 major source sawmill
facilities that produce kiln-dried lumber; although these major source
sawmill facilities meet the applicability criteria in the final rule,
there are no control requirements for any of the equipment located at
the sawmills.
The number of impacted facilities was determined based on the
estimated potential to emit (i.e., uncontrolled HAP emissions) from
each facility, whether each facility has any process units subject to
the compliance options, whether or not the facility already operates
control systems necessary to meet the final rule, and whether or not
the affected source is currently eligible (or may later demonstrate
eligibility) for inclusion in the delisted low risk subcategory. Of the
223 major source facilities, an estimated 162 are expected to install
add-on control systems to reduce emissions. The remaining facilities
already have installed add-on controls, do not have any process units
subject to the compliance options, are expected to comply with work
practice requirements only, or are one of the eight facilities
currently eligible for inclusion in the delisted low-risk subcategory.
We estimate that eventually as many as 147 of the 223 major source PCWP
facilities may demonstrate eligibility for the low-risk subcategory,
leaving 58 facilities expected to install add-on control systems to
reduce emissions. Some of the 147 facilities expected to eventually
[[Page 45956]]
be included the low-risk subcategory were not expected to install
controls to meet MACT because they either already have the necessary
controls or do not have process units subject to the compliance options
in today's final rule.
The environmental and cost impacts presented in this preamble
represent the estimated impacts for the range of facilities, from 58
facilities estimated to be impacted following completion of eligibility
demonstrations for the low-risk subcategory, to 162 facilities
estimated to be impacted today. The impact estimates were based on the
use of RTO (or in some cases a combination WESP and RTO) because RTO
are the most prevalent HAP emissions control technology used in the
PCWP industry. However, technologies other than RTO could be used to
comply with today's final rule. For a facility that we feel already
achieves the emissions reductions required by today's final rule, only
testing, monitoring, reporting and recordkeeping cost impacts were
estimated.
B. What Are the Air Quality Impacts?
We estimate nationwide baseline HAP emissions from the PCWP source
category to be 17,000 Mg/yr (19,000 tons/yr) at the current level of
control. We estimate that today's final rule will reduce total HAP
emissions from the PCWP source category by about 9,900 Mg/yr (11,000
tons/yr). In addition, we estimate that today's final rule will reduce
VOC emissions (approximated as THC) by about 25,000 Mg/yr (27,000 tons/
yr) from a baseline level of 45,000 Mg/yr (50,000 tons/yr). Depending
on the number of facilities eventually demonstrating eligibility for
the low-risk subcategory, these emission reductions could change to
5,900 Mg/yr (6,600 tons/yr) for HAP or 13,000 Mg/yr (14,000 tons/yr)
for VOC.
In addition to reducing emissions of HAP and VOC, today's final
rule will also reduce emissions of criteria pollutants, such as carbon
monoxide (CO) from direct-fired emission sources and particulate matter
less than 10 microns in diameter (PM10). We estimate that
today's final rule will reduce CO emissions by about 9,500 Mg/yr
(10,000 tons/yr). We also estimate that the final rule will reduce
PM10 emissions by about 11,000 Mg/yr (12,000 tons/yr).
Depending on the number of facilities eventually demonstrating
eligibility for the low-risk subcategory, these emission reductions
could change to 7,600 Mg/yr (8,400 tons/yr) for CO and 5,300 Mg/yr
(5,900 tons/yr) for PM10.
Combustion of exhaust gases in an RTO generates some emissions of
nitrogen oxides (NOX). We estimate that the nationwide
increase in NOX emissions due to the use of RTO will be
about 2,100 Mg/yr (2,400 tons/yr). This estimated increase in
NOX emissions may be an overestimate because some plants may
select control technologies other than RTO to comply with today's final
rule. Depending on the number of facilities eventually demonstrating
eligibility for the low-risk subcategory, the estimated NOX
emission increase could fall to 1,100 Mg/yr (1,200 tons/yr).
Secondary air impacts of today's final rule could result from
increased electricity usage associated with operation of control
devices. The secondary air emissions of NOX, CO,
PM10, sulfur dioxide (SO2) depend on the fuel used to
generate electricity and on other factors. The EPA believes SO2
emissions may not increase from electric generation since that the
requirements of the Acid Rain trading program will keep power plants
from increasing their SO2 emissions. Furthermore, we believe that
NOX emissions increases from power plants may be limited.
The EPA expects the emissions trading program that is part of the
NOX SIP call will likely keep NOX emissions in
the eastern United States from increasing as result of additional power
generation to operate RTOs.
C. What Are the Water Quality Impacts?
Wastewater is produced from WESP blowdown, washing out of RTO, and
biofilters. We based all of our impact estimates on the use of RTO
(with or without a WESP upstream depending on the process unit). We
estimate that the wastewater generated from WESP blowdown and RTO
washouts will increase by about 100,000 cubic meters per year (m\3\/yr)
(27 million gallons per year (gal/yr)) as a result of today's final
rule. Depending on the number of facilities eventually demonstrating
eligibility for the low-risk subcategory, the wastewater impacts could
fall to 90,000 cubic meters per year (m\3\/yr) (24 million gallons per
year (gal/yr)). According to the data in our MACT survey, this
nationwide increase in wastewater flow is within the range of water
flow rates handled by individual facilities. Facilities would likely
dispose of this wastewater by sending it to a municipal treatment
facility, reusing it onsite (e.g., in log vats or resin mix), or
hauling it offsite for spray irrigation. In addition, we are amending
the effluent limitations, guidelines for the timber products processing
point source category to allow facilities (on a case-by-case basis) to
obtain a permit to discharge wastewaters from APCD installed to comply
with today's final rule.
D. What Are the Solid Waste Impacts?
Solid waste is produced in the form of solids from WESP and by RTO
or RCO media replacement. We estimate that 4,500 Mg/yr (4,900 tons/yr)
of solid waste will be generated as a result of today's final rule.
Depending on the number of facilities eventually demonstrating
eligibility for the low-risk subcategory, the solid waste increase
could change to 2,800 Mg/yr (3,000 tons/yr). Some PCWP facilities have
been able to use RTO or RCO media as aggregate in onsite roadbeds. Some
facilities have also been able to identify a beneficial reuse for wet
control device solids (such as giving them away to local farmers for
soil amendment).
E. What Are the Energy Impacts?
The overall energy demand (i.e., electricity and natural gas) is
expected to increase by about 4.3 million gigajoules per year (GJ/yr)
(4.1 trillion British thermal units per year (Btu/yr)) nationwide under
today's final rule. The estimated increase in the energy demand is
based on the electricity requirements associated with RTO and WESP and
the fuel requirements associated with RTO. Electricity requirements are
expected to increase by about 711 gigawatt hours per year (GWh/yr)
under today's final rule. Natural gas requirements are expected to
increase by about of 44 million m\3\/yr (1.6 billion cubic feet per
year (ft\3\/yr)) under the final rule. Depending on the number of
facilities eventually demonstrating eligibility for the low-risk
subcategory, these energy estimates could fall to 2.3 million GJ/yr
(2.2 trillion Btu/yr) for overall energy demand, 378 GWh/yr for the
increase in electricity requirements, and 24 million m\3\/yr (0.9
billion ft\3\/yr) for the increase in natural gas requirements.
F. What Are the Cost Impacts?
The cost impacts estimated for today's final rule represent a high-
end estimate of costs. Although the use of RTO technology to reduce HAP
emissions represents the most expensive compliance option, we based our
nationwide cost estimates on the use of RTO technology at all of the
impacted facilities because: (1) RTO technology can be used to reduce
emissions from all types of PCWP process units; and (2) we could not
accurately predict which facilities would use emissions averaging or
PBCO or install add-on control devices that are less costly to operate,
such as RCO and biofilters. Therefore, our cost estimates are likely to
be
[[Page 45957]]
overstated as we anticipate that owners and operators of impacted
sources will take advantage of available cost saving opportunities.
The high-end estimated total capital costs of today's final rule
are $471 million. Depending on the number of facilities eventually
demonstrating eligibility for the low-risk subcategory, the capital
costs could fall to $240 million. These capital costs apply to existing
sources and include the costs to purchase and install both the RTO
equipment (and in some cases, a WESP upstream of the RTO) and the
monitoring equipment, and the costs of performance tests. Wood products
enclosure costs are also included for reconstituted wood products
presses.
The high-end estimated annualized costs of the final standards are
$140 million. Depending on the number of facilities eventually
demonstrating eligibility for the low-risk subcategory, the annualized
costs could fall to $74 million. The annualized costs account for the
annualized capital costs of the control and monitoring equipment,
operation and maintenance expenses, and recordkeeping and reporting
costs. Potential control device cost savings and increased
recordkeeping and reporting costs associated with the emissions
averaging provisions in today's final rule are not accounted for in
either the capital or annualized cost estimates.
G. What Are the Economic Impacts?
The economic impact analysis shows that the expected price
increases for affected output would range from 0.4 to 1.3 percent as a
result of the NESHAP for PCWP manufacturers. The expected change in
production of affected output is a reduction of 0.06 to 0.4 percent for
PCWP manufacturers as a result of today's final rule. No plant closures
are expected out of the 223 facilities affected by the final rule.
Therefore, it is likely that there is no adverse impact expected to
occur for those industries that produce output affected by the final
rule, such as hardboard, softwood plywood and veneer, engineered wood
products, and other wood composites.
H. What Are the Social Costs and Benefits?
Our assessment of costs and benefits of today's final rule is
detailed in the ``Regulatory Impact Analysis for the Proposed Plywood
and Composite Wood Products MACT.'' The Regulatory Impact Analysis
(RIA) is located in Docket number A-98-44 and Docket number OAR-2003-
0048.
It is estimated that 3 years after implementation of the final rule
requirements, reductions of formaldehyde, acetaldehyde, acrolein,
methanol, phenol and several other HAP from existing PCWP emission
sources would be 5,900 Mg/yr (6,600 tons/yr) to 9,900 Mg/yr (11,000
tons/yr), depending on how many affected sources are in the low-risk
subcategory. The health effects associated with these HAP are discussed
earlier in this preamble.
At this time, we are unable to provide a comprehensive
quantification and monetization of the HAP-related benefits of the
final rule. Nevertheless, it is possible to derive rough estimates for
one of the more important benefit categories, i.e., the potential
number of cancer cases avoided and cancer risk reduced as a result of
the imposition of the MACT level of control on this source category.
Our analysis suggests that imposition of the MACT level of control
would reduce cancer cases by less than one case per year, on average,
starting some years after implementation of the standards. We present
these results in the RIA. This risk reduction estimate is uncertain and
should be regarded as an extremely rough estimate and should be viewed
in the context of the full spectrum of unquantified noncancer effects
associated with the HAP reductions.
The control technologies used to reduce the level of HAP emitted
from PCWP sources are also expected to reduce emissions of CO,
PM10, and VOC. Depending on how many affected sources are in
the low-risk subcategory, it is estimated that CO emissions reductions
total approximately 7,600 Mg/yr (8,400 tons/yr) to 9,500 Mg/yr (10,000
tons/yr), PM10 emissions reductions total approximately
5,300 Mg/yr (5,900 tons/yr) to 11,000 Mg/yr (12,000 tons/yr), and VOC
emissions reductions (approximated as THC) total approximately 13,000
Mg/yr (14,000 tons/yr) to 25,000 Mg/yr (27,000 tons/yr). These
estimated reductions occur from existing sources in operation 3 years
after the implementation of the requirements of the final rule and are
expected to continue throughout the life of the sources. Human health
effects associated with exposure to CO include cardiovascular system
and CNS effects, which are directly related to reduced oxygen content
of blood and which can result in modification of visual perception,
hearing, motor and sensorimotor performance, vigilance, and cognitive
ability. The VOC emissions reductions may lead to some reduction in
ozone concentrations in areas in which the affected sources are
located. There are both human health and welfare effects that result
from exposure to ozone, and these effects are listed in Table 3 of this
preamble.
Table 3.--Unquantified Benefit Categories From HAP, Ozone-Related, and PM Emissions Reductions
----------------------------------------------------------------------------------------------------------------
Unquantified effects Unquantified effect Unquantified effect
categories associated categories associated categories associated
with HAP with ozone with PM
----------------------------------------------------------------------------------------------------------------
Health Categories................. Carcinogenicity Airway responsiveness Premature mortality
Genotoxicity............ Pulmonary inflammation.. Chronic bronchitis
Pulmonary function Increased susceptibility Hospital admissions for
decrement. to respiratory chronic obstructive
Dermal irritation....... infection. pulmonary disease,
Eye irritation.......... Acute inflammation and pneumonia,
Neurotoxicity........... respiratory cell damage. cardiovascular
Immunotoxicity.......... Chronic respiratory diseases, and asthma
Pulmonary function damage/Premature aging Changes in pulmonary
decrement. of lungs. function
Liver effects........... Emergency room visits Morphological changes
Gastrointestinal effects for asthma. Altered host defense
Kidney effects.......... Hospital admissions for mechanisms
Cardiovascular respiratory diseases. Cancer
impairment. Asthma attacks.......... Other chronic
Hematopoietic (Blood Minor restricted respiratory disease
disorders). activity days. Emergency room visits
Reproductive/ for asthma
Developmental effects. Lower and upper
respiratory symptoms
Acute bronchitis
Shortness of breath
Minor restricted
activity days
Asthma attacks
Work loss days.
[[Page 45958]]
Welfare Categories................ Corrosion/Deterioration Ecosystem and vegetation Materials damage
Unpleasant odors........ effects in Class I Damage to ecosystems
Transportation safety areas (e.g., national (e.g., acid sulfate
concerns. parks) deposition)
Yield reductions/Foliar Damage to urban Nitrates in drinking
injury. ornamentals (e.g., water.
Biomass decrease........ grass, flowers, shrubs,
Species richness decline and trees in urban
Species diversity areas).
decline. Commercial field crops..
Community size decrease. Fruit and vegetable
Organism lifespan crops.
decrease. Reduced yields of tree
Trophic web shortening.. seedlings, commercial
and non-commercial
forests.
Damage to ecosystems....
Materials damage........
Reduced worker
productivity.
----------------------------------------------------------------------------------------------------------------
At the present time, we cannot provide a monetary estimate for the
benefits associated with the reductions in CO. We also did not provide
a monetary estimate for the benefits associated with the changes in
ozone concentrations that result from the VOC emissions reductions
since we are unable to do the necessary air quality modeling to
estimate the ozone concentration changes. For PM10 , we did
not provide a monetary estimate for the benefits associated with the
reduction of the emissions, although these reductions are likely to
have significant health benefits to populations living in the vicinity
of affected sources.
There may be increases in NOX emissions associated with
today's final rule as a result of increased use of incineration-based
controls. These NOX emission increases by themselves could
cause some increase in ozone and particulate matter (PM)
concentrations, which could lead to impacts on human health and welfare
as listed in Table 3 of this preamble. The potential impacts associated
with increases in ambient PM and ozone due to these emission increases
are discussed in the RIA. In addition to potential NOX
increases at affected sources, today's final rule may also result in
additional electricity use at affected sources due to application of
controls. As such, the final rule may result in additional health
impacts from increased ambient PM and ozone from these increased
utility emissions. We did not quantify or monetize these health
impacts.
Every benefit-cost analysis examining the potential effects of a
change in environmental protection requirements is limited to some
extent by data gaps, limitations in model capabilities (such as
geographic coverage), and uncertainties in the underlying scientific
and economic studies used to configure the benefit and cost models.
Deficiencies in the scientific literature often result in the inability
to estimate changes in health and environmental effects. Deficiencies
in the economics literature often result in the inability to assign
economic values even to those health and environmental outcomes which
can be quantified. These general uncertainties in the underlying
scientific and economics literatures are discussed in detail in the RIA
and its supporting documents and references.
In determining the overall economic consequences of the final rule,
it is essential to consider not only the costs and benefits expressed
in dollar terms but also those benefits and costs that we could not
quantify. A full listing of the benefit categories that could not be
quantified or monetized in our analysis is provided in Table 3 of this
preamble.
IV. Summary of Responses To Major Comments and Changes to the Plywood
and Composite Wood Products NESHAP
We proposed the PCWP NESHAP on January 9, 2003 (68 FR 1276), and
received 57 comment letters on the proposal during the comment period.
In response to the public comments received on the proposed rule, we
made several changes in developing today's final rule. Table 4 of this
preamble provides a list of the major changes that we made to the final
rule. The major comments and our responses are summarized in the
following sections. A complete summary of the comments received during
the comment period and responses thereto can be found in the background
information document (BID) for the promulgated rule, which is available
from several sources (see SUPPLEMENTARY INFORMATION section).
Table 4.--Summary of Major Changes to Subpart DDDD of Part 63
------------------------------------------------------------------------
Proposed section Final section Change from proposal
------------------------------------------------------------------------
Sec. 63.2231................ Sec. 63.2231... Revised section to
state that subpart
DDDD does not apply
to facilities that
are part of the low-
risk subcategory of
PCWP manufacturing
facilities.
Sec. 63.2232(b)............. Sec. 63.2232(b) Description of
affected source
revised to be
consistent with
revised definition.
Sec. 63.2240................ Sec. 63.2240... Clarified application
of compliance
options to a single
process unit.
Sec. 63.2240(a)............. Sec. 63.2240(a) Added wet control
device to the list
of devices that may
not be used to meet
the PBCO.
Sec. 63.2240(b)............. Sec. 63.2240(b) Changed press
enclosure reference
from ``PTE'' to
``wood products
enclosure.''
[[Page 45959]]
Sec. 63.2240(c)(1).......... Sec. Revised definition of
63.2240(c)(1). AMR and OCEPi in
emissions averaging
calculations to
clarify that sources
can receive partial
credits from debit-
generating process
units that are
undercontrolled;
revised definition
of CDi to address
test method for
biological treatment
units that do not
meet the definition
of biofilter.
Sec. 63.2240(c)(2)(iii)..... Sec. Revised restriction
63.2240(c)(2)(ii on emissions average
i). related to process
units that are
already controlled.
Sec. 63.2241(c) Added new section
that exempts dry
rotary dryers,
hardwood veneer
dryers, and veneer
redryers from work
practice
requirements if they
comply with more
stringent standards
in Sec. 63.2240.
Sec. 63.2250(a)............. Sec. 63.2250(a) Revised section to
clarify that SSM
refers to both
process unit and
control device SSM.
Sec. 63.2250(d)............. Sec. 63.2250(a) Moved and revised
section to
consolidate
explanation of SSM
provisions.
Sec. 63.2250(d) Added specific
example of a
shutdown for direct-
fired burners and a
specific example of
a startup for direct-
fired softwood
veneer dryers.
Sec. 63.2250(e)............. ................. Removed requirement
to record control
device maintenance
schedule.
Sec. 63.2250(f)............. ................. Removed requirement
to maintain and
operate catalyst
according to
manufacturer's
specifications.
Sec. 63.2251(a)............. Sec. 63.2251(a) Added partial list of
events eligible for
a routine control
device exemption;
clarified duty to
minimize emissions.
Sec. 63.2251(b)(1).......... Sec. Specified type of
63.2251(b)(1). strand dryer
controlled by a
control device
eligible for a
routine control
device maintenance
exemption of 3
percent of annual
uptime.
Sec. 63.2251(b)(2).......... Sec. Added conveyor strand
63.2251(b)(2). dryer to list of
process units
controlled by a
control device
eligible for a
routine control
device maintenance
exemption of 0.5
percent of annual
uptime.
Sec. 63.2251(e)............. Sec. 63.2251(e) Removed requirement
to schedule control
device maintenance
at the beginning of
each semi-annual
period.
Sec. 63.2260(a)............. Sec. 63.2260(a) Expanded exemption
from testing and
monitoring
requirements to all
combustion units
that introduce
process unit exhaust
into the flame zone.
Sec. 63.2262(d)............. Sec. Added sampling
63.2262(d)(1). location
Sec. requirements for
63.2262(d)(2). control devices in
sequence, process
units with no
control device, and
process units with a
wet control device.
Sec. 63.2262(g)............. Sec. Reworded and
63.2262(g)(1). renumbered section
to allow for one
case in which non-
detect data is not
considered to be one-
half the method
detection limit.
Sec. Added exception to
63.2262(g)(2). requirement to treat
non-detect data as
one-half the
detection limit.
Sec. 63.2262(k)(1).......... Sec. Clarified
63.2262(k)(1). requirements for
establishing the
minimum firebox
temperature for
thermal oxidizers.
Sec. 63.2262(k)(2).......... ................. Removed sections on
Sec. 63.2262(k)(3).......... establishing
operating parameter
limits for static
pressure and stack
gas flow for thermal
oxidizers.
Sec. 63.2262(k)(4).......... Sec. Removed references to
63.2262(k)(2). static pressure and
gas flow rate
operating
parameters.
Sec. 63.2262(k)(5).......... Sec. Revised eligibility
63.2262(k)(3). criteria for
exemptions from
performance testing
and operating
requirements for
thermal oxidizers.
Sec. 63.2262(l)(1).......... Sec. Clarified
63.2262(l)(1). requirements for
establishing the
minimum catalytic
oxidizer
temperature.
Sec. 63.2262(l)(2).......... ................. Removed sections on
Sec. 63.2262(l)(3).......... establishing
operating parameter
limits for static
pressure and stack
gas flow for
catalytic oxidizers.
Sec. 63.2262(l)(4).......... Sec. Removed references to
63.2262(l)(2). static pressure and
gas flow rate
operating
parameters.
Sec. 63.2262(m)(1).......... Sec. Revised requirements
Sec. 63.2262(m)(2).......... 63.2262(m)(1). for establishing
Sec. biofilter operating
63.2262(m)(2). limits (temperature
range).
Sec. 63.2262(n)(1).......... Sec. Revised monitoring
63.2262(n)(1). requirements for
process units that
meet compliance
options without the
use of an add-on
control device.
Sec. 63.2267................ Sec. 63.2267... Added initial
compliance criteria
for a wood products
enclosure.
Sec. 63.2268... Added criteria for
demonstration of
initial compliance
for a wet control
device.
Sec. 63.2268(a)(1).......... Sec. Revised continuous
63.2269(a)(1). parameter monitoring
system requirements.
Sec. 63.2268(a)(3).......... Sec. 63.2270(d) Revised and moved
Sec. 63.2268(a)(4).......... Sec. 63.2270(e) sections regarding
determination of
block averages and
valid data to
section on
continuous
compliance
requirements.
Sec. 63.2268(b)(2).......... Sec. Clarified temperature
Sec. 63.2268(b)(3).......... 63.2269(b)(2). measurement
Sec. requirements.
63.2268(b)(3).
Sec. 63.2268(c)............. ................. Removed sections
Sec. 63.2268(d)............. ................. regarding pH,
Sec. 63.2268(e)............. ................. pressure, and flow
monitoring.
[[Page 45960]]
Sec. 63.2268(f)(1).......... Sec. Revised requirements
Sec. 63.2268(f)(2).......... 63.2269(c)(1). for wood moisture
Sec. monitoring.
63.2269(c)(2).
Sec. Added equation for
63.2269(c)(5). converting moisture
measurements from
wet basis to dry
basis.
Sec. 63.2270(c)............. Sec. 63.2270(c) Added language to
specify that data
recorded during
periods of SSM may
not be used in data
averages and
calculations used to
report emission or
operating levels.
Sec. 63.2270(f) Added requirement
that 75 percent of
readings recorded
and included in
block averages must
be based on valid
data.
Sec. 63.2280(f)(6).......... Sec. Revised EAP
63.2280(f)(6). submission
requirements to
include information
on debit-generating
process units.
Sec. 63.2282(e) Added requirement to
keep records of
annual catalyst
activity checks and
subsequent
corrective actions
for catalytic
oxidizers.
Sec. 63.2291................ Sec. 63.2291... Revised section to
state that EPA
retains authority to
review eligibility
demonstrations for
the low-risk
subcategory.
Sec. 63.2292... Added definitions of
``agricultural
fiber,''
``combustion unit,''
``conveyor strand
dryer,'' ``conveyor
strand dryer zone,''
``flame zone,''
``group 1
miscellaneous
coating
operations,'' ``non-
HAP coating,'' ``one-
hour period,''
``partial wood
products
enclosure,''
``primary tube
dryer,'' ``rotary
strand dryer,''
``secondary tube
dryer,'' ``wet
control device,''
and ``wood products
enclosure.''
Sec. 63.2292................ ................. Removed definitions
of ``permanent total
enclosure,'' ``plant
site,'' and ``strand
dryer.''
Sec. 63.2292................ Sec. 63.2292... Revised definitions
of ``affected
source,''
``biofilter,''
``deviation,''
``fiber,''
``fiberboard,''
``hardboard,''
``medium density
fiberboard,''
``miscellaneous
coating
operations,''
``particle,''
``particleboard,''
``plywood and
composite wood
products (PCWP)
manufacturing
facility,''
``softwood veneer
dryer,'' and
``thermal
oxidizer.''
Table 1A...................... Table 1A......... Changed ``tube
dryers'' to
``primary tube
dryers'' and added
``secondary tube
dryers''; added PBCO
limit for secondary
tube dryers; revised
PBCO limit for
reconstituted wood
product board
coolers; changed
``strand dryers'' to
``rotary strand
dryers.''
Table 1B...................... Table 1B......... Added ``rotary strand
dryers,'' ``conveyor
strand dryer zone
one (at existing
affected sources),''
and ``conveyor
strand dryer zones
one and two (at new
affected sources)''
to the list of
process units.
Table 2, Line 1............... Table 2, Line 1.. Reduced thermal
oxidizer operating
requirements to
maintaining the
average firebox
temperature above
the minimum
temperature.
Table 2, Line 2............... Table 2, Line 2.. Reduced catalytic
oxidizer operating
requirements to
maintaining the
temperature above a
minimum temperature
and checking the
activity level of a
representative
sample of the
catalyst every 12
months.
Table 2, Line 3............... Table 2, Line 3.. Reduced biofilter
operating
requirements to
maintaining the
biofilter bed
temperature within a
range.
Table 2, Line 5............... Table 2, Line 5.. Revised operating
requirements for
process units
without control
devices.
Table 3, Line 5.. Added work practice
requirements for
group 1
miscellaneous
coating operations.
Table 4, Line 9............... Table 4, Line 9.. Revised the
performance test
criteria for
reconstituted wood
product presses and
reconstituted wood
product board
coolers.
Table 4, Line 11.............. Table 4, Line 11. Revised text to
clarify that
performance test
requirements apply
to all process units
in an emissions
average plan.
Table 5, Line 7............... Table 5, Line 7.. Removed minimum heat
input capacity
criterion for
combustion units.
Table 5, Line 8.. Added criteria for
performance testing
and initial
compliance
demonstrations for
wet control devices.
Table 6, Line 5.. Added initial
compliance
demonstration for
Group 1
miscellaneous
coating operations.
Table 7, Line 1............... Table 7, Line 1.. Revised ``at or above
the maximum, at or
below the minimum''
to read ``at or
above the minimum,
at or below the
maximum.''
Table 7, Line 3.. Added continuous
compliance
requirements
(periodic testing)
for biofilters.
Table 7, Line 4.. Added continuous
compliance
requirements (annual
catalyst activity
check) for catalytic
oxidizers.
Table 7, Line 5.. Added continuous
compliance
requirements for
process units
achieving compliance
without an add-on
control device.
Table 8, Line 1............... Table 8, Line 1.. Specified block
averages of 24 hours
for moisture and
temperature
measurements for dry
rotary dryers.
Table 8, Line 4............... Table 8, Line 4.. Specified block
average of 24 hours
for moisture
measurements for
veneer dryers.
Table 8, Line 5.. Added continuous
compliance
requirements for
Group 1
miscellaneous
coating operations.
Table 10, Sec. 63.8(g)...... Table 10, Sec. Added ``rounding of
63.8(g). data'' to
description of the
General Provisions
section.
[[Page 45961]]
Appendix A to Subpart DDDD.... Appendix A to Made various
Subpart DDDD. revisions throughout
to reflect the
removal of a
permanent total
enclosure (PTE) as a
requirement for
reconstituted wood
products presses and
board coolers.
Appendix B to Added appendix B to
Subpart DDDD. specify procedure
for demonstrating
that an affected
source is part of
the low-risk
subcategory.
------------------------------------------------------------------------
A. Applicability
1. Definition of Affected Source
Comment: Several commenters requested that we clarify that the PCWP
affected source includes refining and resin preparation activities such
as mixing, formulating, blending, and chemical storage, and suggested
that boilers be excluded. The commenters wanted to ensure that onsite
resin preparation activities are specifically mentioned in and
regulated by the final PCWP rule to avoid duplicate regulation of those
activities under the Miscellaneous Organic Chemical Manufacturing
NESHAP (subpart FFFF) or the Miscellaneous Coating Manufacturing NESHAP
(subpart HHHHH). Commenters also recommended changing the proposed
definition of affected source by revising the definition of ``plant
site,'' which was used in the affected source definition at proposal.
The commenters asked that we make the definition of ``plant site''
consistent with the definition of ``major source'' as defined for title
V permitting in 40 CFR 70.2. According to the commenters, the proposed
definition of ``plant site'' expanded the definition of a source beyond
that used for title V permitting or MACT applicability in general.
Response: We agree with the commenters that changes should be made
to the definition of affected source, and the definition was adjusted
in the final rule. We added resin preparation activities to the
definition of ``affected source'' to clarify that these activities are
part of the PCWP source category and are not subject to subpart FFFF to
40 CFR part 63 or subpart HHHHH to 40 CFR part 63. Resin preparation
includes any mixing, blending, or diluting of resins used in the
manufacture of PCWP products which occurs at the PCWP manufacturing
facility. We feel this change is appropriate because the MACT analysis
for resin preparation activities was conducted under the PCWP final
rulemaking. (As explained in the proposal BID and supporting
documentation, we determined that MACT for new and existing blenders
and resin storage/mixing tanks is no emissions reductions.) Subpart
FFFF to 40 CFR part 63 and subpart HHHHH to 40 CFR part 63 exclude
activities included as part of the affected source for other source
categories. Thus, onsite resin preparation activities at a PCWP
manufacturing facility are not subject to subpart FFFF to 40 CFR part
63 or subpart HHHHH to 40 CFR part 63.
We added refiners to the definition of affected source to clarify
that these sources are part of the affected source and were part of the
MACT analysis for the PCWP source category. (For new and existing
pressurized refiners, we determined that MACT is based on the use of
incineration-based control or a biofilter, and for new and existing
atmospheric refiners, we determined that MACT is no emissions
reductions.)
We removed all references to ``plant site'' from the final rule and
replaced references to ``plant site'' with the term ``facility'' to
eliminate confusion regarding which emission sources constitute the
affected source and which emission sources would be considered when
making a major source determination. The term ``plant site'' was used
only in the proposed definitions of ``affected source'' and ``plywood
and composite wood products manufacturing facility.'' Inclusion of the
term ``plant site'' in the proposed definition of affected source
unintentionally broadened the definition such that emission sources not
related to PCWP manufacturing could be construed as being part of the
affected source. For example, under the proposed definitions of
``affected source'' and ``plant site,'' if a company operated both a
PCWP manufacturing facility and a wood building products surface
coating facility at the same site, both operations might be considered
to be part of the PCWP affected source because the ``plant site'' would
encompass both operations, even though these two operations are
regulated under separate NESHAP. We removed the term ``plant site''
from the final rule to clarify that the requirements in the final rule
would only apply to the affected source, which is the PCWP
manufacturing facility. However, we note that any major source
determination would be based on total emissions from both operations
since the two operations are colocated and under common control. (See
definition of major source in the General Provisions (40 CFR part 63,
subpart A).)
We did not incorporate the commenters' suggestion to specifically
exclude boilers from the definition of ``affected source'' because it
is possible for a boiler to be subject to both the PCWP NESHAP and the
Industrial/Commercial/Institutional Boilers and Process Heaters NESHAP
(e.g., if a portion of the boiler exhaust is used to direct fire dryers
while the remaining portion of the boiler exhaust is vented to the
atmosphere). However, in most cases, combustion units would only be
subject to one MACT. The overlap between the PCWP NESHAP and the
Industrial/Commercial/Institutional Boilers and Process Heaters NESHAP
is also discussed in this preamble.
2. Process Definitions
Comment: Commenters recommended that a number of definitions
included in the proposed rule be revised to better distinguish between
particleboard, MDF and hardboard and/or to be consistent with
definitions developed by the American National Standards Institute
(ANSI).
Response: We made changes to several of the proposed process-
related definitions including the definitions of particle, fiber,
hardboard, MDF, and particleboard. These minor changes incorporate some
of the wording in similar definitions used by ANSI but do not affect
the scope or applicability of the final rule. We also added a
definition of agricultural fiber recommended by commenters because the
term ``agricultural fiber'' appears in the definition of plywood and
composite wood products facility.
Comment: Several commenters requested that the proposed definition
of tube dryer be changed so that stages in multistage tube dryers would
be considered as separate tube dryers. With this change, different
control options could be applied to different dryer stages.
Response: Under the proposed definition of tube dryer, a multistage
tube dryer with more than one control
[[Page 45962]]
device and emissions point would be considered one process unit. In
developing the proposed rule, we noted that the function of tube dryers
is the same regardless of single-or multistage configuration and that
distinguishing between dryer configurations would not change the
results of the MACT floor analysis, despite the fact that the majority
of the HAP emissions exhaust from the primary stage. Therefore, we made
no distinction between single-stage and multistage tube dryers at
proposal. However, we agree with the commenters that defining the
stages of multistage tube dryers separately would allow facilities the
flexibility of choosing different compliance options for each stage of
the tube dryer, and we have included separate definitions of primary
tube dryer and secondary tube dryer in the final rule. The MACT floor
for both primary tube dryers and secondary tube dryers is the same
(e.g., 90 percent reduction in emissions), but facilities may choose
different control options for the primary and secondary tube dryers.
For example, a facility with a multistage tube dryer could use an add-
on control device to reduce emissions from the primary tube dryer only
and then use emissions averaging to offset the uncontrolled emissions
from the secondary tube dryer.
3. Lumber Kilns
Comment: We received comments from representatives of sawmills and
wood treating facilities disagreeing with the inclusion of lumber kilns
in the PCWP source category. The commenters stated that owners and
operators of kilns that are not located at a PCWP facility may be
subject to other requirements of the rule, as proposed, that do not
truly apply to them, including costly monitoring, recordkeeping, and
reporting. One commenter was concerned that the owners and operators of
non-colocated lumber kilns could find themselves in violation of the
May 15, 2002, case-by-case ``MACT Hammer'' deadline even though they
did not anticipate being included in the rule, as proposed, and thus
did not apply for the case-by-case consideration.
Response: At proposal, we broadened the PCWP source category to
include non-colocated lumber kilns (i.e., lumber kilns located at
stand-alone kiln-dried lumber manufacturing facilities or at any other
type of facility). In the preamble to the proposed rule, we noted that
if non-colocated lumber kilns were not included in the PCWP NESHAP,
then kiln-dried lumber manufacturing could be listed as a major source
category under section 112(c) of the CAA in the future, requiring a
separate CAA section 112(d) rulemaking and potentially becoming
separately subject to the provisions of section 112(g) of the CAA as
well. We felt it was reasonable to include non-colocated lumber kilns
in the PCWP source category because the design and operation of lumber
kilns are essentially the same regardless of whether the kilns are
located at a sawmill or are colocated with PCWP or other types of
manufacturing operations. At proposal, we noted that there are no
currently applicable controls at any lumber kilns and that it would be
both more efficient and expeditious to include all lumber kilns in the
MACT analysis for the final PCWP rule than to separately address them
in a rulemaking that likely would not result in meaningful emissions
reductions from lumber kilns. In addition, we noted that including all
lumber kilns in the final PCWP MACT results in placing them on a faster
schedule for purposes of future residual risk analysis under CAA
section 112(f).
In an attempt to better understand the concerns of the commenters,
we met with wood products industry representatives who requested that
lumber kilns be included in the PCWP source category and with the
commenters who disagreed that non-colocated lumber kilns should be
included in the PCWP source category. After consideration of concerns
expressed by all of the commenters on this issue, we maintain that it
is more efficient for EPA, State regulators, and lumber kiln operators
for EPA to include all lumber kilns in the final PCWP NESHAP. Because
the MACT floor determination for lumber kilns is no emission reduction
(as explained in the proposal preamble), there will not be a
significant monitoring, recordkeeping, and reporting burden for
facilities with only non-colocated lumber kilns. Only those facilities
that are major sources of HAP emissions are subject to the final PCWP
NESHAP. Facilities with non-colocated lumber kilns that are classified
as major sources of HAP must submit an initial notification form
required by the final PCWP NESHAP and the Part 1 ``MACT Hammer''
application required by section 112(j) of the CAA. We note that both of
these forms simply ask the facilities to identify themselves to EPA. We
acknowledge that operators of non-colocated lumber kilns were not aware
that they were included in the PCWP source category until the proposed
PCWP NESHAP was printed in the Federal Register on January 9, 2003, and
therefore, would not have known to submit a Part 1 application by May
15, 2002.
4. Regulated HAP
Comment: One commenter objected to the fact that the proposed rule
only set standards for six HAP. The commenter asserted that, according
to the CAA and National Lime Ass'n v. EPA, 233 F.3d 625, 633-634 (D.C.
Cir. 2000), we are required to set standards for every HAP listed in
CAA section 112(b)(1) emitted by PCWP operations, not just the ones
that are the easiest to measure. Other commenters disagreed and noted
that a requirement that EPA impose an emission standard for every
listed HAP, without regard to whether or not there are applicable
methods for reducing HAP emissions or whether the MACT floor sources
actually use such method, contradicts the plain language of the
statute. These commenters contended that the statute specifically
frames the inquiry in terms of degrees of reduction.
Response: Today's final PCWP rule contains numerical emission
limits in terms of methanol, formaldehyde, THC, or total HAP (which is
defined in the final rule as the sum of six HAP including acrolein,
acetaldehyde, formaldehyde, methanol, phenol, and propionaldehyde). The
nationwide PCWP emissions of total HAP are 18,190 tons/yr, which is 96
percent of the nationwide emissions of all HAP (19,000 tons/yr) emitted
by PCWP facilities. The six HAP that comprise total HAP are found in
emissions from all PCWP product sectors that contain major sources and
in emissions from most process units. At proposal, when we stated that
other HAP are emitted ``in low quantities that may be difficult to
measure,'' we were referring to HAP that are often emitted at levels
below test method detection limits (68 FR 1276, January 9, 2003). Our
data clearly show that these other HAP are difficult or impossible to
measure because they are either emitted in very low quantities or are
not present. Such low quantities are not detectable by the applicable
emission testing procedures (which are sensitive enough to detect HAP
at concentrations below 1 part per million (ppm)). Many of these other
HAP were detected in less than 15 percent of test runs, or for only one
type of process unit.
Based on our emissions data, we determined that methanol,
formaldehyde, THC, or total HAP are appropriate surrogates for
measuring all organic HAP measurably-emitted by the PCWP source
category. The PBCO and emissions averaging compliance options in
today's final PCWP rule are based on total HAP. Review of the emission
[[Page 45963]]
factors used to develop the emissions estimates for the PCWP source
category indicates that uncontrolled emissions of HAP (other than the
six HAP) are always lower than emissions of the six HAP for every
process unit with MACT control requirements. Thus, process units
meeting the PBCO based on total HAP also would have low emissions of
other organic HAP. The emissions averaging provisions and add-on
control device compliance options involve use of add-on APCD. The
available data show that a reduction in one predominant HAP (or THC)
correlates with a reduction in other HAP if the other HAP is present in
detectable quantities and at sufficient concentration. The data also
show that the mechanisms in RTO, RCO, and biofilters that reduce
emissions of formaldehyde and methanol reduce emissions of the
remaining HAP. In addition, an analysis of the physical properties of
the organic HAP emitted from PCWP processes indicates that nearly all
of the HAP would be combusted at normal thermal oxidizer operating
temperatures. Today's standards are based on the use of add-on control
devices because the available emissions data do not reveal any process
variables that could be manipulated (without altering the product) to
achieve a quantifiable reduction in emissions. Furthermore, nothing in
the data suggests that process variables could be manipulated in a way
that would alter the relationship between formaldehyde and methanol
reduction and reduction of other HAP. We determined that it is
appropriate for the final PCWP rule to contain compliance options in
terms of total HAP, THC, formaldehyde, or methanol because the same
measures used to reduce emissions of these pollutants also reduce
emissions of other organic HAP.
B. Overlap With Other Rules
1. Overlap With Industrial/Commercial/Institutional Boilers and Process
Heaters NESHAP
Comment: Commenters expressed support for our proposal to regulate
emissions from combustion units used to direct fire dryers and to
exclude these emissions from the requirements of the Industrial/
Commercial/Institutional Boilers and Process Heaters NESHAP. However,
the commenters expressed concern about potential NESHAP applicability
questions that could arise during short periods when the exhaust gases
from these combustion units are not exhausting through the dryers and
would bypass any controls applied to these dryers. The commenters noted
that in some of the combustion units associated with direct-fired
dryers, a small percentage of combustion gas is routed to indirect heat
exchange and then is normally and predominantly routed to direct-fired
gas flow. According to the commenters, in these hybrid units, typically
only a small fraction of combustion gas (e.g., less than 10 percent of
total capacity) is routed to indirect heat exchange for hot oil/steam
generation. This fraction of the combustion unit exhaust then generally
exhausts through the direct-fired dryers and the emissions are treated
by the add-on control device at the dryers' outlet. However, under
certain circumstances (e.g., during startups, shutdowns, emergencies,
or periods when dryers are down for maintenance but steam/thermal oil
is still needed for plant and/or press heat), some systems may exhaust
directly to the atmosphere without passing through the direct-fired
dryers and the associated control systems. The commenters recommended
that this small subset of combustion units be assigned a primary
purpose (based on the predominant allocation of British thermal units
per hour (Btu/hr) capacity and/or predominant mode of operation) and
regulated accordingly. In the above example, the commenters assumed
that the primary purpose is as a direct-fired dryer, such that the
equipment would be subject to the final PCWP MACT and not to the
Industrial/Commercial/Institutional Boilers and Process Heaters NESHAP.
Response: In considering the commenters' request, we reviewed
available information on direct-fired dryers and the associated
combustion units at PCWP facilities. The available information
indicates that there are many configurations of combustion units,
dryers, and thermal oil heaters in the PCWP industry. While some
systems have the hybrid configurations described by the commenters
whereby a portion of the combustion gas is routed to indirect heat
exchange, other systems retain all of the combustion gas within the
direct-fired system. We do not have sufficient information (and no such
information was provided by the commenters) to fully evaluate the need
for a primary purpose designation for PCWP combustion units, to
establish the percentage-of-operating-time or British thermal unit
(Btu) limits for such a primary purpose designation, or to determine
MACT for combustion units that would meet the primary purpose
designation. For example, we do not know how many combustion units are
configured to incorporate both indirect and direct heat exchange, and
for these units we do not know the amount of time or the percentage of
Btu allocation that is devoted to indirect heat exchange or the
controls used to reduce emissions during indirect heat exchange. We
expect that all of these factors vary substantially from facility to
facility for those facilities that have these hybrid combustion units.
We also lack information on the emissions reduction techniques (e.g.,
control devices) applied to combustion units associated with direct-
fired PCWP dryers that may bypass the dryers for some unknown
percentage of time. Therefore, we feel it would be inappropriate for us
to establish a primary purpose designation which could inadvertently
allow facilities to configure their systems to direct a portion of
their uncontrolled emissions to the atmosphere without these emissions'
being subject to the Industrial/Commercial/Institutional Boilers and
Process Heaters NESHAP. Also, we wish to clarify that the final PCWP
rule regulates only that portion of emissions from a combustion unit
that are routed through the direct-fired dryers. Any emissions from a
combustion unit that are not routinely through the direct-fired dryers
would be subject to the Industrial/Commercial/Institutional Boilers and
Process Heaters NESHAP. Therefore, if the emissions from a combustion
unit are split such that only a portion of the emissions are routed
through a direct-fired dryer, then the combustion unit would be subject
to both rules.
For those occasions when a facility must shut down its direct-fired
dryers but still wants to operate the combustion unit to heat oil for
the press, the facility could propose in its startup, shutdown, and
malfunction (SSM) plan to route exhaust through the thermal oil heater
(and then to the atmosphere) during these periods. The permitting
authority would then decide on a facility-specific basis if heating of
the thermal oil heater (and the associated uncontrolled emissions)
should be allowed during dryer SSM considering the amount of time that
this condition occurs, the fraction of combustion unit Btu used to heat
the thermal oil heater, and the type of control used to reduce
combustion unit emissions.
2. Overlap With Wood Building Products (WBP) NESHAP
Comment: Commenters on the proposed Wood Building Products (Surface
Coating) rule (subpart QQQQ to 40 CFR part 63) asserted that neither
asphalt-coated fiberboard nor ceiling tiles are coated with HAP-
containing
[[Page 45964]]
materials and that regulating such products would be burdensome. These
commenters requested that we include asphalt coating of fiberboard and
ceiling tiles in today's final PCWP rule by including these coating
operations under the definition of miscellaneous coating operations
(for which the proposed MACT was no emissions reductions), so that
these operations would be subject to the final PCWP rule and not the
WBP rule, as proposed.
Response: In the proposed rule, we addressed overlap between the
WBP and PCWP NESHAP by including specific surface coating activities
(which occur onsite at a PCWP manufacturing facility) in the definition
of ``miscellaneous coating operations.'' Inclusion of these activities
in the definition of miscellaneous coating operations means that these
activities are subject to the final PCWP rule and not to the WBP rule,
as proposed. We made changes to the definition of miscellaneous coating
operations in today's final rule in response to the public comments we
received on the proposed WBP rule relating to asphalt-coated fiberboard
and ceiling tiles.
We evaluated the types of coatings and processes used to make
asphalt-coated fiberboard and found that only a few facilities in the
United States make these products, with varying manufacturing and
coating processes. An asphalt emulsion can be added during the
fiberboard forming process, or asphalt can be applied to the fiberboard
substrate. Information we collected on asphalt coatings suggests that
they contain no HAP. Depending on the company and the process, the
coating can be applied before or after the final dryer with the product
allowed to air dry. Ceiling tiles are usually coated using non-HAP
slurries of titanium dioxide and various clays, and no organic solvents
are used. Most of the coatings associated with these types of products
are applied during the substrate forming process (i.e., to the wet mat
being formed) or prior to the final substrate drying operation,
fiberboard coating operations (including those used in the manufacture
of asphalt-coated fiberboard and ceiling tiles). Because no HAP are
contained in the above-mentioned coatings, the coatings are applied as
part of the manufacturing process, and MACT for these coating processes
is no emissions reductions, we changed the definition of miscellaneous
coating operations to include ``application of asphalt, clay slurry, or
titanium dioxide coatings to fiberboard at the same site of fiberboard
manufacture.'' These products are not subject to the final WBP surface
coating rule.
C. Amendments to the Effluent Guidelines for Timber Products Processing
Comment: Several commenters requested that we address potential
conflicts between the PCWP rule as proposed and the effluent guidelines
for the Timber Products Processing Point Source Category. These
commenters noted that the effluent guidelines state that ``there shall
be no discharge of process wastewater pollutants into navigable
waters.'' However, according to the commenters, at the time that
statement was written, air pollution controls were not common, and EPA
was not aware of the large volumes of water that can be produced by
APCD. The commenters recommended that we address this issue by revising
the effluent guidelines at 40 CFR part 429. Specifically, these
commenters asked us to amend the definition of process wastewaters at
40 CFR part 429.11(c) so that the discharge prohibition in 40 CFR part
429 would not apply to wastewaters associated with APCD operation and
maintenance when installed to comply with the final PCWP MACT rule.
These commenters asserted that effluent limitations for these
wastewaters should be developed by permit writers on a case-by-case
basis based upon best professional judgment. These commenters noted
that the language we included in the preamble to the proposed rule
would generally accomplish this purpose with some minor changes (see 68
FR 1276, January 9, 2003). The commenters also provided rationale and
data to support their recommendation. The commenters contended that we:
(1) Underestimated the volume of wastewater that would be generated by
the application of MACT and as a result, underestimated the associated
costs of disposing of this wastewater; (2) failed to address the
achievability/feasibility of MACT if the discharge of air pollution
control wastewaters is prohibited; and (3) did not consider wastewater
from air pollution control devices when the Timber Products zero
discharge effluent guidelines were originally developed. The commenters
submitted several case studies to demonstrate the variability in the
volume of wastewater generated at various PCWP facilities and to show
how each facility currently recycles, reuses, and disposes of
wastewater generated from the operation and maintenance of RTO, WESP
and biofilters. The commenters also argued that the available data do
not support a conclusion that wastewaters generated from MACT control
devices can, with Best Available Technology (BAT), be managed in a way
that does not involve a discharge.
Response: At the time we proposed the PCWP rule, we indicated that
we would consider amending the definition of process wastewater in 40
CFR part 429 to exclude those wastewaters generated by APCD operation
and maintenance when installed to comply with the proposed PCWP NESHAP.
We indicated in the preamble to the proposal that we would amend the
definition of process wastewaters if information and data were
submitted to support the industry's assertions that PCWP facilities in
certain subcategories would not be able consistently to achieve the
effluent limitations guidelines and standards applicable to them if
they were to comply with the proposed PCWP NESHAP. As part of the PCWP
proposal, we described with specificity how we would revise 40 CFR part
429 if we were convinced that such revisions were appropriate and
solicited data and information.
Based on the data and information submitted by the commenters, we
have concluded that facilities subject to 40 CFR part 429, subpart B
(Veneer subcategory), subpart C (Plywood subcategory), subpart D (Dry
Process Hardboard subcategory), and subpart M (Particleboard
Manufacturing subcategory) are unable to comply consistently with the
existing 40 CFR part 429 effluent limitations guidelines and standards,
which prohibit the discharge of process wastewater pollutants, because
of the volume of wastewaters generated by APCD that are installed to
comply with the final PCWP NESHAP and because the technology basis for
those effluent limitations guidelines and standards is insufficient, in
light of that wastewater volume and the pollutant content, to achieve
the prohibition on process wastewater discharges for these NESHAP-
related APCD wastewaters. Therefore, we are excluding from the
definition of process wastewaters in 40 CFR 29.11(c) the following
wastewaters associated with APCD used by PCWP facilities covered by
subparts B, C, D, and M to comply with 40 CFR 63.22: wastewater from
washout of thermal oxidizers and catalytic oxidizers, wastewater from
biofilters, and wastewater from WESP used upstream of thermal oxidizers
or catalytic oxidizers.
In addition, we agree with comments that we will need considerably
more data and information to promulgate new effluent limitations
guidelines and standards for the process wastewaters at issue today. In
particular, we will need
[[Page 45965]]
information to adequately characterize the quantity and quality of
wastewater that would be generated as result of compliance with the
MACT standards. The volume and pollutant content of wastewater
generated at these facilities are related to production processes, air
pollution control equipment that generate wastewater, the extent of
opportunities for internal recycling of wastewater, and the
availability of other process uses for wastewater. Until we promulgate
effluent limitations guidelines and standards for pollutants in these
process wastewaters, Best Practicable Technology (BPT) and BAT effluent
limitations should be established on a case-by-case basis under 40 CFR
125.3. Thus, individual facilities seeking a discharge permit will have
the opportunity, on a case-by-case basis, to characterize and obtain
discharge allowances for their wastewaters from APCD installed to
comply with the final PCWP NESHAP. The permit writer would be expected
to determine, based upon best professional judgment (BPJ), the
appropriate effluent limitations for these APCD wastewaters. (See 40
CFR 125.3.) The permit writer can take into account facility-specific
information on wastewater volumes and pollutants, available wastewater
control and treatment technologies, costs and effluent reduction
benefits, receiving water quality, and any applicable State water
quality standards. At a later date, we expect to consider whether to
amend the existing effluent limitations guidelines and standards for
the Timber Processing Industry to cover these process wastewaters. Such
an effort would involve gathering and analyzing the information and
data necessary to establish revised categorical effluent limitations
affecting subparts B, C, D, and M of 40 CFR part 429 for these APCD
wastewaters generated in complying with the final PCWP NESHAP.
Today's amendment to the final rule is based on regulatory language
included in the preamble accompanying the proposed NESHAP for PCWP
facilities (68 FR 1276, January 9, 2003). The preamble described the
relationship of the proposed MACT rule to the amendment to 40 CFR part
429 under consideration. The preamble explained that the entities
affected by the proposed MACT rule would also be affected by the
proposed amendment to 40 CFR part 429; presented both the terms and
substance of the amendment under consideration; and described the
subjects and issues involved. In addition, we solicited comments on
whether to amend 40 CFR 429.11(c) and information relevant to that
decision. While at that time we indicated that we were considering
employing a direct final rule to promulgate any such amendment, we have
concluded with support from commenters that that procedure was
unnecessary and instead are taking final action on the amendment today
without further process.
D. Existing Source MACT
1. OSB Strand Dryers
Comment: One commenter requested that further consideration be
given to the emission standards for low-temperature OSB conveyor strand
dryers. The commenter stated that because these conveyor strand dryers
emit less HAP than rotary strand dryers and have been recognized as
best available control technology (BACT) in Minnesota, they should be
exempted from control requirements in the final PCWP rule. The
commenter noted that the 12 conveyor strand dryers used by their
company have three drying zones, each with its own heating system and
exhaust vent(s). When drying hardwoods, no VOC control is required;
however, when drying pine the company controls emissions from zones 1
and 2. Zone 3 serves as a final conditioning zone and is exhausted to
the atmosphere without need for VOC control. The proposed PCWP rule
would have required the sum of the emissions from all three zones to be
reduced to MACT levels (e.g., 90 percent reduction).
Response: The MACT analysis we conducted at proposal treated
conveyor strand dryers as a separate equipment group from rotary strand
dryers. We noted that rotary strand dryers operate at much higher inlet
temperatures (e.g., often greater than or equal to 900[deg]F) than
conveyor strand dryers (e.g., typically less than 400[deg]F) and that
rotary dryers provide greater agitation of the wood strands than
conveyor strand dryers. As a result, the emissions from conveyor strand
dryers are lower than the emissions from rotary strand dryers. The
emissions test data we have for conveyor strand dryers (only
formaldehyde and THC data are available) indicate that formaldehyde
emissions from conveyor strand dryers are 1 to 2 orders of magnitude
lower than for rotary strand dryers. The THC emissions are also lower
for conveyor strand dryers than for rotary dryers. Our MACT analysis
for conveyor strand dryers at proposal concluded that three of the
eight conveyor strand dryers used in the U.S. operated with process
incineration. Because there are less than 30 conveyor strand dryers,
the MACT floor was based on the control level achieved by the third
best-controlled dryer. Thus, at proposal, we determined that the MACT
floor control system for new and existing conveyor strand dryers was
the emissions reductions achievable with incineration-based control. We
included one definition of ``strand dryers'' in the proposed PCWP rule
since MACT for both rotary and conveyor strand dryers was represented
by incineration-based control.
As pointed out by the commenter, conveyor strand dryers have
distinct zones, with each zone having its own heating system and
exhaust. We reviewed our MACT survey data and learned that all of the
conveyor strand dryers in the U.S. have three zones. Upon further
scrutiny of the MACT analysis at proposal, we learned that the three
conveyor strand dryers that formed the basis for the MACT floor at
proposal were routing the emissions from zone 1 only to an onsite
combustion unit for incineration. The remaining five conveyor strand
dryers have no HAP control. Thus, our conclusions regarding the MACT
floor for conveyor strand dryers at proposal were overstated. The third
best-controlled conveyor strand dryer has incineration-based control
only on zone 1 as opposed to controls on all zones. Therefore, we
revised our analysis to reflect that the MACT floor for existing
conveyor strand dryers is the emissions reduction achievable with
incineration-based control on zone 1. To implement this change, we
added definitions for ``conveyor strand dryer'' and ``conveyor strand
dryer zone'' to the final rule.
The commenter mentioned operating 12 conveyor strand dryers. Six of
these conveyor strand dryers are located at new plants that were not
included in our pre-proposal MACT floor analysis. These six conveyor
strand dryers route emissions from zones 1 and 2 to a closed-loop
incineration system for emissions control. Given that newer facilities
are incinerating conveyor strand dryer exhaust from zones 1 and 2, we
determined that the MACT floor for conveyor strand dryers at new
sources is the emissions reductions achievable with incineration-based
control for exhausts from zones 1 and 2.
As described in the promulgation BID and supporting documentation,
we determined that the environmental benefit of controlling additional
conveyor dryer zones would not justify the cost for existing or new
conveyor strand dryers.
[[Page 45966]]
2. Wood Products Press Enclosures
Comment: Many commenters argued that EPA Method 204 compliance
should not be a part of the PCWP MACT floor for presses because most of
the press enclosures that were described in the industry survey data as
having permanent total enclosures (PTE) were never certified by Method
204 criteria. The commenters noted that most of these enclosures were
designed according to Method 204 design criteria; however, the permits
for these facilities never required them to comply fully with Method
204 certification. The commenters contended that, of the 26 presses
identified as having PTE, only 2 had actually undergone Method 204
certification.
The commenters also argued that Method 204 cannot be applied
practically to the hot presses that are used at PCWP facilities. The
commenters stated that Method 204 was developed for applications where
the emissions have consistent properties; however, the temperature and
density of emissions from a typical multiple-opening batch wood
products press are constantly changing as the press opens and closes,
which creates layers of gases with different physical properties within
the enclosure. According to the commenters, instead of mixing and
exiting the enclosure, the layers of gases can accumulate. The layers
of gas in the upper region of the enclosure have a higher temperature
and pressure than the air outside the press, and the lower layers of
gas have a lower temperature and pressure than the air outside the
press. The commenters maintained that to force the gases outside the
enclosure, the operator would have to increase the airflow through the
system to a rate that is three to four times higher than would be
necessary for an enclosure operating at a homogenous temperature and
pressure. The commenters contended that, while many of the wood
products presses were designed to follow the Method 204 design
criteria, they were not designed to overcome this phenomenon and may
not be able to certify that all of the emissions are captured and
contained.
The commenters recommended that we address the press capture
efficiency issue by implementing work practice requirements for
enclosures. The commenters suggested that we replace the proposed
definition of PTE with a definition that includes four of the five
design criteria found in EPA Method 204, and replaces the requirement
that ``all VOC emissions must be captured and contained for discharge
through a control device'' with a requirement that ``fugitive emissions
shall be minimized through appropriate operation and maintenance
procedures applied to the PTE system.''
Response: At proposal, we stated that the MACT floor determination
for reconstituted wood products presses was based, in part, on the
assumption that a sufficient number of these presses had enclosures
that had been certified as PTE according to EPA Method 204. Presses
equipped with Method 204 certified PTE would be allowed to claim 100
percent capture efficiency, and thus, the rule requirements (e.g., 90
percent emissions reductions) would effectively apply only to the
captured emissions.
Based on our review of available permit information, we agree with
the commenters' assessment that few permits have required full Method
204 certification for reconstituted wood products press enclosures,
even though many of these press enclosures were constructed based on
the Method 204 design criteria. We also agree that the nature of the
batch pressing operations in the PCWP industry can make Method 204
certification difficult. Unlike in the printing and publishing
industry, for which Method 204 was originally developed, batch PCWP
presses are heated, cyclical operations. Because of the internal
pressurization within PCWP press enclosures, small amounts of fugitive
emissions may appear around the outside of these enclosures. The
percentage of press emissions that may be escaping from some of these
enclosures has not been quantified but is expected to be small based on
available information. We understand the commenters' concern that, due
to the presence of these small amounts of fugitive emissions,
facilities cannot certify that their Method 204 designed press
enclosure can achieve all the Method 204 criteria, in particular the
criteria in Method 204 section 6.2 which states that ``All VOC
emissions must be captured and contained for discharge through a
control device.'' While we feel that PCWP press enclosures should be
designed to capture emissions under normal operating conditions, we do
not feel it is necessary for PCWP facilities to increase the flow rate
from their press enclosures (and the size of their APCD) three to four
times to overcome the pressurization within the press enclosure. For
the PCWP industry, we feel it would be particularly inappropriate to
require such a large increase in exhaust flow to the APCD because the
exhaust flows from PCWP process equipment, including presses, are
already high volume, low concentration emission streams. High volume,
low concentration exhaust streams generally are more costly to treat
than low volume, high concentration emission streams. The best-
performing press enclosures that defined the MACT floor surround heated
presses and are all expected to have pressurization within the press
enclosure. In addition, we note that board cooler exhaust is sometimes
directed into press enclosures and that enclosures around board coolers
have not been certified according to EPA Method 204.
Therefore, instead of requiring EPA Method 204 certification of
PCWP press and board cooler enclosures as proposed, today's final rule
sets forth slightly different criteria for press and board cooler
enclosures. These criteria are based on the design criteria for PTE
included in EPA Method 204, as recommended by the commenters; however,
the criterion to capture and contain all VOC emissions has been
replaced with a requirement that the enclosure be ``designed and
maintained to capture all emissions for discharge through a control
device.'' To effect this change, we removed references to PTE in the
final rule and replaced the proposed definition of PTE with a new
definition of ``wood products enclosure'' that lists the design
criteria that must be met to comply with MACT. Enclosures that meet the
definition of wood products enclosure do not have to test to determine
the capture efficiency of these enclosures, but can assume 100 percent
capture, such that the control requirements (e.g., 90 percent
reduction) apply only to the captured emissions (i.e., the small amount
of fugitive emissions outside the enclosure is disregarded).
We also replaced the proposed definition of ``partial enclosure''
with a slightly revised definition of ``partial wood products
enclosure'' to eliminate any references to PTE in the final rule.
Because the capture efficiency of partial wood products enclosures is
unknown, today's final rule requires facilities to test the capture
efficiency of partial wood products enclosures using EPA Methods 204
and 204A-F (as appropriate), or using the alternative tracer gas
procedure included in appendix A to subpart DDDD of 40 CFR part 63. In
addition, facilities have the option of using other methods for
determining capture efficiency subject to the approval of the
Administrator. As was proposed and suggested by the commenters, today's
final rule requires facilities using partial wood products enclosures
to demonstrate a combined 90 percent capture and control efficiency for
those facilities showing
[[Page 45967]]
compliance with the percent reduction requirements for APCD. If the
partial wood products enclosure does not achieve high capture
efficiency, then facilities must offset the needed capture efficiency
by achieving a higher destruction efficiency or with emissions
averaging (with the press being an under-controlled process unit).
Comment: One commenter objected to the proposed MACT floor for
continuous presses and questioned the applicability of EPA Method 204
to continuous presses. The commenter requested that we divide
continuous and batch presses into two different process unit groups for
the purpose of determining the MACT floor. The commenter provided
information from environmental engineering firms and press
manufacturers regarding the fundamental differences between the two
types of presses. The commenter noted that continuous presses are much
longer than batch presses, reaching lengths of 200 feet (ft), which
makes them difficult to completely enclose. The commenter was unaware
of any continuous presses that have Method 204 certified PTE. The
commenter stated that enclosing a continuous press would cause
operational problems, such as heat build-up and impaired visibility,
which can lead to mechanical failures and unscheduled downtime. The
commenter also cited potential safety concerns, such as increased fire
risk and the possibility of unhealthy levels of HAP trapped inside the
enclosure. The commenter further noted that the capital and operating
costs of PTE applied to continuous presses would exceed those
associated with batch presses due to the large size of the enclosure
and the increased maintenance costs resulting from heat build-up within
the enclosure. In addition, the commenter provided VOC emissions data
based on measurements made at different points along the length of one
of their continuous presses to demonstrate that emissions from the
front stages are minimal and that the majority of emissions are from
the last 40 percent of the press length, referred to as the
``decompression zone.'' The commenter contended that gathering the
emissions from all stages of the continuous press will result in a more
dilute stream, which will be less cost-effective to treat, and that the
large volume of exhaust to be treated would likely preclude the use of
biofilters, which are more practical for treating smaller volumes of
air.
To remedy the situation, the commenter recommended that we divide
batch and continuous presses into two different process unit groups for
the purpose of determining the MACT floor. Because there are fewer than
30 continuous presses, the MACT floor for existing continuous presses
would be determined based on the average emissions limitation achieved
by the five best-performing continuous presses. The commenter provided
information to support the commenter's contention that none of the
continuous presses achieved 100 percent capture and suggested that the
MACT floor for capture efficiency is 80 percent capture of emissions
from the decompression stages.
Response: As explained in the proposal preamble, we based the MACT
floor determinations for PCWP equipment on process units that are
similar with respect to design, operation, and emissions. We
acknowledge that continuous presses have a different design than
multiopening batch presses. However, continuous presses have emissions
that are within the same range as those from batch presses on a lb/MSF
of board basis. Therefore, we feel it is reasonable to group batch and
continuous presses together for purposes of determining the MACT floor.
The MACT floor for continuous presses would be the same as the MACT
floor for batch presses regardless of whether batch and continuous
presses were placed in separate equipment groups. As explained below,
we disagree that the MACT floor capture efficiency for continuous
presses is 80 percent, as suggested by the commenter.
The commenter was incorrect in suggesting that there are no
continuous presses with Method 204 certified PTE. The two existing
press enclosures in the PCWP industry identified as being Method 204
certified surround continuous presses. The lengths of these two
continuous presses are 41.5 ft and 110 ft. Due to the presence of these
presses plus additional continuous presses equipped with total
enclosures not certified via Method 204, the MACT floor for new and
existing continuous presses is still a total enclosure and
incineration-based control or biofilter, regardless of whether or not
batch and continuous presses are treated as separate equipment groups.
In addition, there is a Method 204 certified PTE around a 181-ft
continuous press at a newer PCWP facility (which was not included in
original data collection efforts and the pre-proposal MACT floor
determination); however, this press has had some operational problems
associated with its PTE. It is not clear if the operational problems
experienced by this 181-ft-long press are the result of poor PTE design
or inherent technical difficulties associated with enclosing long
continuous PCWP presses.
Long continuous presses are generally being installed at new PCWP
facilities, as opposed to being retrofit at existing facilities. Given
that there is at least one long continuous press (110 ft) with a Method
204 certified PTE that has not experienced operational problems with
its press enclosure, we feel that wood products enclosures (as defined
in today's final rule) can be designed around long continuous presses.
We recognize that higher cost may be associated with wood products
enclosures around long continuous presses than for batch presses, but
the CAA does not allow us to consider cost at the MACT floor control
level.
We note that enclosures greater than 200 ft in length are common in
the printing/publishing industry. However, we do recognize there are
differences in the enclosures used in the printing/publishing industry
and those in the PCWP industry. Although not cyclical in operation like
batch presses, continuous presses are heated operations and may also
have internal pressurization issues similar to those raised by the
commenters for batch presses. Therefore, we feel it is appropriate for
the same definition of wood products enclosure promulgated for batch
presses to apply to long continuous presses as well (as opposed to
Method 204 certification).
3. MACT Floor Determinations of No Emissions Reductions
Comment: Industry commenters supported our proposed MACT floor
determinations of no emissions reductions for some process units,
arguing our approach was fully consistent with applicable case law in
the U.S. Court of Appeals for the D.C. Circuit. EPA properly determined
that the average of the best-performing 12 percent of certain existing
PCWP process units did not reflect the use of any control technology,
and that no other universally applicable variables would affect HAP
emissions, industry commenters stated. The commenters also claimed that
EPA looked at pollution prevention (P2) measures and other approaches
to determining the MACT floor, found none that are universally
applicable, and therefore was permitted to base a no emissions
reduction floor on the PCWP record.
Response: As explained in the proposal preamble and supporting
documentation, for those process units not required to meet the control
requirements in the PCWP rule as proposed, we determined that: (1) the
MACT floor level of control is no
[[Page 45968]]
emissions reductions, and beyond-the-floor control options are too
costly to be feasible; or (2) insufficient information is available to
conclude that the MACT floor level of control is represented by any
emissions reductions. We based our MACT floor determinations for PCWP
emission sources on the presence or absence of an add-on air pollution
control device because we are not aware of any demonstrated P2
techniques that can be universally applied across the industry, and we
have no information on the degree of emissions reduction that can be
achieved through P2 measures. Therefore, to our knowledge the use of
add-on controls is the only way in which PCWP sources can currently
limit HAP emissions, and the only way to identify the MACT floor for
these sources is to identify a level that corresponds to that achieved
by the use of add-on controls. When determining the MACT floor, we
ranked the process units by control device rather than by actual unit-
specific emissions reductions because we have limited inlet/outlet
emissions data. Based on the available information, we are not aware of
any significant design or operational differences among each type of
control system evaluated that would affect the ranking of process
units. Furthermore, we are not aware of factors other than the type of
control system used that would significantly affect the ranking of
process units. An analysis of the available emissions data does not
reveal any process variables that can be manipulated (without altering
the product) to achieve a quantifiable reduction in emissions. Ranking
process units according to control device, we determined that the MACT
floor is no emissions reductions for several process unit groups
including press predryers, fiberboard mat dryers, and board coolers at
existing affected sources; and dry rotary dryers, veneer redryers,
softwood plywood presses, hardwood plywood presses, engineered wood
products presses, hardwood veneer dryers, humidifiers, atmospheric
refiners, formers, blenders, rotary agricultural fiber dryers,
agricultural fiber board presses, sanders, saws, fiber washers,
chippers, log vats, lumber kilns, storage tanks, wastewater operations,
miscellaneous coating operations, and stand-alone digesters at new and
existing affected sources. As explained in the promulgation BID and
supporting documentation, we also determined that beyond-the-floor
control options are too costly for these process unit groups.
At proposal, we requested comment on whether no emissions
reductions for miscellaneous coating operations and for wastewater
operations is appropriate (68 FR 1276, January 9, 2003). We also
requested that commenters on this issue submit any information they
might have on HAP or VOC emissions from miscellaneous coating
operations and wastewater operations. However, no additional
information on these operations was received from any of the commenters
on the proposed rule. Following proposal, we reviewed our MACT analyses
for miscellaneous coating and wastewater operations, as described in
the following paragraphs and in the promulgation BID and supporting
documentation. For miscellaneous coating operations, we gathered some
additional information and were able to revise our conclusions
regarding MACT in the absence of specific information on the emissions
reduction achieved. However, we have no more reason to feel now than we
did at proposal that PCWP wastewater operations are in fact subject to
any emission control measures.
Based on the available information, we have no basis to conclude
that the MACT floor for new or existing sources is represented by any
emission reductions for several of miscellaneous coating processes
(i.e., anti-skid coatings, primers, wood patches applied to plywood,
concrete forming oil, veneer composing, and fire retardants applied
during forming), and we determined that there are no cost-effective
beyond-the-floor measures to reduce HAP from these coating processes.
However, some facilities reported use of water-based (non-HAP) coatings
in their MACT survey responses for other types of coatings (including
edge seals, nail lines, logo paint, shelving edge fillers, and
trademark/gradestamp inks). Other facilities reported use of solvent-
based coatings for these processes. In some instances, a few
respondents provided information on the percent HAP content of a
solvent-based coating. Solvent-based coatings do not always contain HAP
(e.g., the solvent may be mineral oil which does not contain HAP), and
water-based coatings typically do not contain HAP. Thus, many of the
coatings reported in the MACT survey responses are non-HAP coatings.
While the emission reduction achieved as a result of coating
substitutions cannot be determined, it is clear that use of non-HAP
coatings represents the MACT floor because of the large number of
facilities reporting use of non-HAP coatings. Beyond-the-floor options
were not considered for edge seals, nail lines, logo paint, shelving
edge fillers, and trademark/gradestamp inks because no further
emissions reductions can be achieved than through use of non-HAP
coatings. Based upon our revised MACT analysis, the final PCWP rule
requires use of non-HAP coating for processes identified as group 1
miscellaneous coating processes.
The definition of non-HAP coating included in the final rule was
based on the description of non-HAP coatings in the final WBP NESHAP
(subpart QQQQ to 40 CFR part 63). This definition allows for
unavoidable trace amounts of HAP that may be contained in the raw
materials used to produce certain coatings. Through the definition of
group 1 miscellaneous coatings in the final rule, kiln-dried lumber is
excluded from the requirement to use non-HAP coatings because
application of coatings used at kiln-dried lumber manufacturing
facilities is not part of the PCWP source category. Although
trademarks/gradestamps are applied to kiln-dried lumber, lumber kilns
are the only processes at kiln-dried lumber manufacturing facilities
covered under the PCWP source category.
For wastewater operations, we concluded that we had insufficient
information to conclude that the MACT floor level of control is
represented by any emissions reductions. The available information on
wastewater operations collected as part of the MACT survey of the PCWP
industry and information contained in State permits indicated that
these sources of emissions were not the subject of control requirements
and were not expected to be significant sources of HAP or VOC
emissions. As stated above, we received no comments containing
additional information on emissions reduction measures or HAP/VOC
emissions from wastewater operations. Thus, we have no more reason to
feel now than we did at proposal that PCWP wastewater operations are in
fact subject to any control measures. As a result, since no information
shows that these PCWP operations use add-on controls, there is no
identifiable numerical emissions level that would correspond to a MACT
floor level reflecting the use of controls, and the only floor level
demonstrable based on current data is no emissions reduction.
Furthermore, given that our best data show that the emissions from
wastewater operations are less than 1 ton/yr, we concluded that
application of the control measures mentioned above would not be cost
effective beyond-the-floor options. In response to the commenter's
objection to the incompleteness of the data set for these PCWP
operations, we note that the D.C. Circuit does not require EPA to
obtain complete data as long as we are able to otherwise estimate the
MACT floor
[[Page 45969]]
(Sierra Club v. EPA, 167 F.3d 658,662 (D.C. Cir. 1999)). Unlike dryers
and presses at PCWP plants, wastewater operations have not been
subjected by permitting authorities to controls for HAP emissions. We
expended much effort in the early stages of the project gathering
complete and accurate information on the PCWP processes with the most
potential for HAP emissions and the greatest potential for emission
control (i.e., the processes that have been the focus of permit
requirements limiting HAP/VOC emissions) and the final PCWP rule
addresses emissions from these process units.
Had we been given reason to feel that there were emissions control
measures associated with wastewater operations, we would have gathered
more information for these processes earlier in the project. Even
though we have determined that the current MACT floor for these PCWP
operations is no emission reduction, since available information
indicates they are not controlled, the HAP emissions from wastewater
operations (and other PCWP sources with MACT determinations reflecting
no emissions reductions) will be considered further when we review
residual risk as required under section 112(f).
E. New Source MACT
Comment: One commenter objected to our determination that MACT is
the same degree of control for new and existing sources for many
process units based on the fact that the best technology is the same
for new and existing sources (i.e., incineration-based controls or
biofilters). The commenter pointed out that, according to the proposal
BID, the maximum percent control efficiency is in the upper 90s for
THC, formaldehyde, and methanol. The commenter noted that the CAA
requires the MACT floor to be based on the degree of emissions
reduction achieved in practice by the best-controlled similar source.
Thus, the commenter requested that we revise the new source MACT
requirements for process units based upon the greatest reductions
recorded.
Response: As explained in the preamble to the proposed rule and
supporting documentation, the MACT floor for both new and existing
sources is based on the estimate of the performance achieved through
application of RTO, RCO, or biofilters. We acknowledge that some
incineration-based controls and biofilters can achieve greater than 90
percent reduction in HAP or THC during a single performance test or a
test run within a performance test. However, we also recognize that the
percent reduction achieved can vary according to pollutant inlet
concentration, a factor that is not directly controllable from a
process or control device standpoint. Other unknown factors may also
cause variability in control system performance. For example, we have
THC percent reduction data for an RTO used to control emissions from
three tube dryers and a press at an MDF plant for two emission tests
conducted at different times. In 1996, the RTO achieved 92.7 percent
reduction of THC, and in 1998 the same RTO achieved 98.9 percent
reduction of THC. In addition, we have emissions test data for the same
process unit and control system for multiple years, and these data show
different emission factors, indicating that variability is inherent
within each process unit and control system combination. Thus, we
estimate that the best MACT technology achieves 90 percent HAP
reductions when variations in operations and measurements are
considered.
F. Definition of Control Device
Comment: Several commenters requested that we add scrubbers and
adsorbers to the proposed definition of ``control device'' and that
condensers be omitted from the definition. One of the commenters
operates a particleboard press that is equipped with a condenser that
condenses steam from the press exhaust and then routes the condensate
to an onsite wastewater treatment system. The remaining noncondensed
gases are combusted in an onsite boiler as supplemental fuel. This
commenter would like to be able to comply with the PBCO for
reconstituted wood products presses rather than demonstrate compliance
with one of the add-on control system compliance options (e.g., 90
percent emissions reduction) or emissions averaging provisions;
however, the commenter noted that PBCO only apply to uncontrolled
emission sources. Therefore, the commenter requested that the
definition of control device be limited only to those add-on control
systems that were designed with HAP removal as the primary goal.
Response: We disagree with the commenters that the proposed
definition of control device should be changed. The definition in the
final rule does not include scrubbers or absorbers but does include
condensers and combustion units that incinerate process unit exhausts.
For purposes of MACT standards development, the reason a control device
is installed is immaterial. All control devices or techniques that
reduce HAP emissions are considered when setting MACT standards. We
note that the PBCO were developed and included in the PCWP rule for
inherently low-emitting process units or process units with P2
techniques and not for process units with add-on control systems.
Therefore, the particleboard press equipped with the condenser and
combustion unit described by the commenter cannot comply using the
PBCO.
In the proposed PCWP rule, we intentionally omitted absorbers
(e.g., wet scrubbers) from the list of potential control devices
because these technologies generally are not reliable for reducing HAP
emissions. These wet systems may achieve short-term reductions in THC
or gaseous HAP emissions; however, the HAP and THC control efficiency
data, which range from slightly positive to negative values, indicate
that the ability of these wet systems to absorb water-soluble compounds
(such as formaldehyde) diminishes as the recirculating scrubbing liquid
becomes saturated with these compounds. We wished to limit the examples
included in the definition of control device to those devices for which
we have data to demonstrate that they are effective in reducing HAP
emissions from PCWP facilities. However, we note that the definition
includes the phrase ``but not limited to'' and does not exclude other
types of controls. We are aware that new technologies (some of which
may be adsorption-based or absorption-based) may be developed that
effectively reduce HAP emissions from PCWP sources. The definition of
control device does not prevent their development or use.
Facilities using wet scrubbers or WESP to meet the add-on APCD or
emissions averaging compliance options can petition the Administrator
for approval of site-specific operating requirements to be used in
demonstrating continuous compliance. Alternatively, facilities using a
wet scrubber or WESP may use a THC CEMS to show that the THC
concentration in the APCD exhaust remains below the minimum
concentration established during the performance test. In addition,
facilities using wet control devices (e.g., wet scrubber or WESP) as
the sole means of reducing HAP emissions must submit with their
Notification of Compliance Status a plan for review and approval to
address how organic HAP captured in the wastewater from the wet control
device are contained or destroyed to minimize re-release to the
atmosphere such that the desired emission reduction is obtained.
Because wet scrubbers or WESP are add-on
[[Page 45970]]
APCD and have variable effects on HAP emissions, today's final rule
specifies that sources cannot use add-on control systems or wet control
devices to meet PBCO. As part of this change, we added a definition of
``wet control device'' to today's final rule. We note that PCWP
facilities demonstrating compliance with the PBCO for process units
equipped with any wet control device that effects HAP emissions must
test prior to the wet control device.
G. Compliance Options
1. Add-On Control System Compliance Options
Comment: We received a number of comments related to the six add-on
control systems compliance options and how these options might be
implemented at an actual PCWP facility. One commenter argued that the
use of multiple compliance options for add-on control systems will make
it difficult for State agencies to determine if a facility is actually
in compliance. The commenter pointed out that, if a facility tested for
two options but passed only one, it would still be in compliance.
However, the commenter stated that the rule as proposed was unclear
whether a facility would be in violation if the facility chose to test
for one option, failed that test, and then conducted another test to
determine compliance with a different option. The commenter contended
that this would constitute a violation of the standard, and any
retesting to determine compliance with a different option would not
reverse the initial violation. Therefore, the commenter requested that
we clarify that the option to use the most beneficial results of two or
more test methods applies only when these tests are conducted during a
single performance test. According to the commenter, any facility that
chose to use only one test method during the compliance test would have
to accept the results of that test.
Other commenters argued that a facility should be able to switch
among the six add-on control options as needed to maintain compliance.
To illustrate the necessity of the ability to switch from one add-on
control option to another, the commenters provided an example whereby
the operator of a veneer dryer might want to demonstrate compliance
with the 90 percent THC reduction option (option 1 in Table 1B to the
final rule) under certain operating conditions and with the 20 parts
per million by volume (ppmv) THC option (option 2 in Table 1B to the
final rule) under other operating conditions. One of the commenters
also noted that production starts and stops and minor malfunctions are
common at PCWP facilities, and most of them do not affect the
performance of the air pollution control device. However, frequent SSM
events resulting in a low concentration to the inlet of the control
device could affect a facility's ability to comply with the percent
reduction option. In this case, the commenter stated that the freedom
to switch compliance options would be valuable. For these reasons, the
commenters requested that we explicitly state in the final PCWP rule
that ``a facility only need comply with any one of the six options at
any one time, and that it can change between them as needed to fit
process operating conditions.''
Response: We understand the commenters' concerns on this issue and
have written the final rule to clarify our intentions regarding how the
add-on control system compliance options should be implemented at PCWP
facilities. The proposed rule states at 40 CFR 63.2240 that ``You
cannot use multiple compliance options for a single process unit.'' We
included this provision to prevent PCWP sources from partitioning
emissions from a single process unit and then applying different
control options to each portion of the emissions stream. The MACT floor
determinations and compliance options were all based on the full flow
of emissions from process units, and therefore, compliance options
should be applied to the same mass of emissions to ensure that the
required MACT floor emissions reductions are achieved. When including
this restriction, we did not intend necessarily to limit PCWP
facilities to only one of the six options for add-on control systems.
We did assume that each source would likely select only one option, and
that at any point in time for purposes of assessing compliance, the
given compliance option would have been pre-selected and reflected as
applicable in the source's permit. In fact, in discussions with
industry representatives prior to proposal, they expressed concern that
the final rule be written to make it clear that a source would only
have to comply with one option and not all six.
Based on available data, we expect that most facilities will be
able to demonstrate compliance with more than one of the compliance
options for add-on control systems. When developing the six compliance
options for add-on control systems, we felt that PCWP facilities would
conduct emissions testing (e.g., inlet and outlet testing for THC,
methanol, and formaldehyde over a range of APCD operating temperatures)
and then, based on the results of testing, select the option that
provides them with the most operating flexibility as well as an
acceptable compliance margin (i.e., select the option that they feel
will be easiest for them to meet on a continuous basis under varying
conditions). The operating parameter limit to be reflected in the
source's permit (e.g., minimum temperature) would be based on the
measurements made during the compliant test runs. For example, if test
results show that a facility can achieve 90 percent reduction for
formaldehyde, 92 percent reduction for methanol, and 94 percent
reduction for THC, then the facility may decide to reduce THC emissions
by 90 percent, since this option appears to provide the greatest
compliance margin. The corresponding operating parameter level measured
during the testing (e.g., minimum 15-minute RTO temperature during a
three-run test) would then be set as the operating limit in the permit
for that source. In this example, if the RTO operating temperature
drops below the operating limit, that would be a deviation, and any
subsequent retesting done by the facility would presumably be done
based on the chosen compliance option (e.g., reduce THC emissions by 90
percent). Determining compliance in this case is relatively
straightforward. However, we are aware that State agencies may simply
refer to a NESHAP as part of a permit and not stipulate which
compliance option the facility must meet. In these cases, we agree with
the commenter who was concerned that compliance can be complicated when
the referenced NESHAP contains multiple options, and that such a broad
reference would not be adequate to identify the particular option (and
parameter operating limits) applicable to the source. We also agree
that, if a facility selects multiple options under the compliance
options for add-on control systems, it should be required to conduct
all necessary testing associated with compliance with the selected
options concurrently. In addition the facility should obtain permit
terms reflecting these options as alternate operating scenarios that
clearly identify at what points and under what conditions the different
options apply, such that compliance can be determined during a single
time frame. For example, if the source wishes to include options 1, 3,
and 5 in their permit, then it must perform inlet and outlet testing
for THC, methanol, and formaldehyde any time the State agency has
reason to require a repeat performance test (if all three options are
simultaneously applicable) or test for the single applicable option
[[Page 45971]]
that corresponds to the given time and condition (if the options apply
as alternate operating scenarios under different conditions). With this
approach, we would avoid situations where a facility retests to
determine compliance with a compliance option, fails to demonstrate
compliance with that option, and then conducts additional testing to
determine compliance with other options that are not pre-established as
applicable at a later date.
The final rule clarifies our intentions regarding the use of
multiple control options with respect to add-on control systems versus
the combining of control options for a single process unit. The
language in 40 CFR 63.2240 of the final rule has been modified to
remove the proposed text stating that a source ``cannot use multiple
compliance options for a single process unit'' and replace it with a
statement that a source ``cannot combine compliance options in
paragraphs (a) [PBCO], (b) [add-on control systems compliance options]
or (c) [emissions averaging provisions] for a single process unit.'' We
feel that this wording change clarifies our intention to prevent
sources from applying different control options to different portions
of the emissions from a single process unit, while leaving open the
potential for PCWP facilities to be able to include multiple compliance
options for add-on control systems (i.e., one option per defined
operating condition) in a State permit. Although add-on controls are
used in emissions averaging plans to achieve full or partial control of
emissions from a given process unit, the emissions from a single
process unit cannot be parceled such that a portion of the emissions
meets one of the add-on control system compliance options and another
portion is used as part of an EAP. The final rule continues to state
that sources must meet at least one of the six options for add-on
control systems.
2. PBCO Limits
Comment: Several commenters requested that PCWP facilities be
allowed to use add-on control methods to achieve the PBCO limits. The
commenters argued that allowing compliance with the PBCO using APCD is
consistent with other MACT rules and P2 approaches. According to the
commenters, numerous NESHAP allow emissions limits to be reached using
add-on controls, P2 techniques, or a combination of both. The
commenters stated that there was no legal or policy basis for imposing
restrictions on the use of PBCO in the PCWP MACT. The commenters also
stated that using add-on controls to comply with PBCO will benefit
facilities that have process units that emit low levels of HAP.
According to the commenter, some companies have already implemented P2
strategies that have been established as BACT in a prevention of
significant deterioration (PSD) permit. Because these P2 strategies may
fall short of the PBCO, companies implementing these strategies would
be unable to achieve compliance with the proposed rule without
abandoning the P2 strategy and installing full control. The commenters
also stated that incorporating add-on controls in the PBCO would
provide incentives to find low-energy pollution control equipment. The
commenters gave an example whereby part of the emission unit exhaust
could be used as combustion air for an onsite boiler. The commenters
noted that in most cases, the boiler could only handle a portion of the
exhaust from multiple dryer stacks. The commenters stated that by
combining this type of partial control approach with low-temperature
drying, a facility may be able to meet the applicable dryer PBCO limit.
According to the commenters, in this case, allowing for partial control
would exclude the need for RTO technology and would provide a net
benefit to the environment with a reduction of collateral oxidizer
emissions. The commenters gave another example in which a facility with
a conveyor strand dryer could send the exhaust from the first dryer
section to a burner and then send the heat back to the dryer; the
emissions from the remaining dryer sections would be uncontrolled if
the total emissions were below the PBCO limit. In a third example
provided by the commenters, a facility would remove enough HAP to
comply with the PBCO limit using a scrubber, which would require less
energy than incineration.
Response: As in the proposed rule, the final rule does not allow
sources to comply with the PBCO through the use of add-on control
systems. Our intention for including the PBCO was to provide an
alternative to add-on controls (e.g., allow for and encourage the
exploration of P2, which currently has not been demonstrated as
achieved by PCWP sources) and not to create another compliance option
for sources equipped with add-on control systems that could
inadvertently allow add-on control equipped systems to not perform to
expected control efficiencies. Sources equipped with add-on control
systems already have six different compliance options from which to
choose, in addition to the emissions averaging compliance option. We
note that the six options for add-on control systems are based on
emissions reductions achievable with MACT control devices and thus are
a measure of the performance of MACT control devices. This might not be
true if a source combined PBCO and add-on controls, as explained below.
At proposal, we established PBCO limits for 10 process unit groups.
Initially, we felt that we needed total HAP data for at least one
process unit in each process unit group that was equipped with a
control system in order to establish the PBCO limits. However, we had
to discard this approach because controlled total HAP data are not
available for half (5 of 10) of the process unit groups. We developed a
number of other approaches to establishing PBCO, and then compared the
results of these approaches, where possible, with actual emissions in
the outlet of MACT control devices. The approach that yielded results
closest to actual emissions in the control device outlets was an
approach based on a 90 percent reduction from the average emissions
each process unit group. Thus, this approach was the one that resulted
in limits that would most closely represent an alternative to the six
compliance options for add-on control systems. However, our intention
was not to develop an alternative limit to the six limits already
established for add-on control devices. Our intention was to develop an
alternative for P2 techniques. We decided to select an approach that
allows sources that develop P2 techniques (or are otherwise inherently
low-emitting sources) to comply and that reduces HAP emissions without
generating the NOX emissions associated with incineration-
based controls. As a result, we selected a 90 percent reduction from
the highest data point within each process unit group, because the
results appeared to be at levels that would not preclude the
development of environmentally beneficial P2 options as MACT.
If PBCO were allowed as another option for measuring the
performance of add-on control devices, operators could run the APCD so
that the APCD would not achieve MACT level emissions reductions, but
would meet the PBCO. We note that we did not develop the methanol and
formaldehyde add-on control options (options 4 and 6 in Table 1B to the
final rule) based on typical or maximum levels of methanol and
formaldehyde found in the outlet of the control devices, but instead
looked at the performance of the MACT control devices in reducing these
HAP, set the levels based on the method detection limits for these
compounds, and
[[Page 45972]]
included a minimum inlet concentration requirement for the use of the
outlet concentration options to ensure that HAP emissions reductions
are achieved. Allowing the use of APCD to comply with PBCO could allow
circumvention of such optimization, which could render the MACT control
itself to be less effective than MACT.
Regarding the other MACT standards referenced by the commenters, we
agree that these other rules may allow facilities more flexibility in
meeting a production-based option (e.g., ``lb/ton'' emission limit);
however, we cannot allow add-on controls to be used to meet the PBCO in
the final PCWP rule because doing so would render these limits not
equivalent to the other compliance options. For example, consider a
typical wood products press with an annual production rate of 100
million square feet of board per year and a total HAP emission rate of
1.0 pound per thousand square feet of board on a \3/4\-inch basis (lb/
MSF \3/4\''). On an annual basis, the example press emits 50 tons of
HAP per year. If the example press complies with the 90 percent HAP
reduction requirement, then the HAP emissions reductions achieved will
be at least 45 tons/yr. However, if this same press were allowed to
comply with the applicable PBCO limit (0.30 lb/MSF \3/4\'') using an
APCD (e.g., RTO), then the emissions reductions achieved could be as
little as 35 tons/yr if the APCD is only applied to a portion of the
press' emissions or if the APCD is not operated at MACT-level
efficiency. Not only would a significantly lower HAP emission reduction
be achieved in this situation, but there also would not be any net
benefit to the environment to justify the lower HAP reduction (i.e.,
NOX emissions would still be created). Therefore, we feel it
is appropriate and in keeping with the MACT floor to require PCWP
process units with uncontrolled HAP emissions above the PBCO thresholds
to achieve the full 90 percent reduction in emissions. We also wish to
clarify that a PCWP facility may use any number of compliance options,
as long as these options are not combined for an individual process
unit. For example, a facility may choose to meet the applicable PBCO
limit for one dryer, control emissions from a blender to avoid
controlling emissions on the remaining two dryers as part of an
emissions average, and comply with one of the add-on control systems
compliance options for the press.
Regarding the examples cited by the commenter as candidates for a
PBCO if add-on controls were allowed, we note that the final rule
includes a revised MACT floor for existing conveyor strand dryers, such
that existing conveyor strand dryers that send the emissions from the
first dryer section back to the combustion unit that heats the dryer
should be able to meet the rule requirements without additional
controls. In addition, partial control (e.g., routing part of the
emission stream from a process unit to an onsite combustion unit for
incineration) is allowed as part of an EAP as long as the actual
emissions reductions achieved are greater than or equal to the required
emissions reductions. When partial control is used as part of an EAP,
the overall reductions are equivalent to what would be achieved if a
source elected to comply using the add-on control system compliance
options; however, the same would not be true if partial control were
used to comply with a PBCO limit. Therefore partial incineration
control is not allowed in the PBCO.
Regarding the use of scrubbers to comply with a PBCO, as stated
earlier in this preamble, the PCWP industry's own data do not support
wet scrubbers as a reliable control technology for HAP, and sources
equipped with wet control devices will be required to test prior to the
wet control device if they elect to comply with a PBCO.
Comment: Several commenters stated that PCWP facilities should be
allowed to neglect nondetect HAP measurements for PBCO calculations.
The commenters argued that if a facility is forced to use values of
one-half the detection limit for nondetect HAP, that facility may be
unable to use PBCO because the mass of emissions attributed to
undetected compounds may consume 50 percent or more of the PBCO limit.
The commenters also noted that the detection levels measured in the
field by the NCASI test method, NCASI IM/CAN/WP-99.01, generally range
between 0.35 and 1 ppm, and the detection levels of the FTIR method
averages about 1 ppm. According to the commenters, even at these low
concentrations, using one-half the detection limit for nondetect
compounds can put the PBCO out of reach for a high-flow-rate PCWP
stream. The commenters also provided a sample calculation to
demonstrate the effect that the detection level has on the compliance
calculation.
Response: In responding to this request, we reviewed the
information supplied by the commenters and analyzed the potential
effects of making the requested change using available emissions data.
After reviewing the total HAP data used to establish the PBCO limits,
we decided that sources should be able to treat nondetect measurements
for an individual HAP as zero for the sole purpose of determining
compliance with the PBCO, if, and only if, the following two conditions
are met: (1) The detection limit for that pollutant is set at a value
that is less than or equal to 1 ppmvd, and (2) emissions of that
pollutant are nondetect for all three test runs. We included the first
condition to prevent test contractors from setting the detection limits
too high, and thus generating false zeroes. We selected 1 ppmvd as the
maximum detection limit value because it matches the detection limits
achievable with the test methods included in the final PCWP rule. We
included the second condition to ensure that the source is truly low-
emitting, as evidenced by three nondetect test runs. If emissions of
the HAP are detected during any one test run, then any nondetect runs
must be treated as being equal to one-half the detection limit. The
option to treat nondetect measurements as zero does not apply to the
compliance options for add-on control systems because treating the
outlet emissions from a control device as zero would artificially
increase the calculated control efficiency for that pollutant to 100
percent.
To ensure that the PBCO limits were developed in a manner
consistent with how they would be applied, the PBCO limits were
recalculated using zero for nondetect measurements when all test runs
were nondetect. As a result, the PBCO limit for reconstituted wood
product board coolers changed from 0.015 to 0.014 lb/MSF \3/4\''. No
other PBCO limits changed as a result of using zero for nondetects when
calculating the PBCO limits.
We added a new PBCO limit to the final rule for secondary tube
dryers. This new limit corresponds to our decision to treat primary and
secondary tube dryers as separate process units, as discussed
previously in this preamble. The final rule also differentiates between
rotary strand dryers and conveyor strand dryers, as discussed
previously in this preamble; however, no new PBCO limits have been
added for these two process units groups. The final PBCO limit for
rotary strand dryers is the same as the proposed limit for strand
dryers because the data used to establish the proposed PBCO limit was
based on data from rotary strand dryers exclusively. We do not have the
necessary data to establish a PBCO for conveyor strand dryers, and thus
the final rule does not include a PBCO limit for that process unit
group.
3. Emissions Averaging Provisions
Comment: Industry commenters generally expressed support for the
[[Page 45973]]
inclusion of an emissions averaging program in the PCWP rule as
proposed, but requested that the proposed provisions be modified to
allow for broader use of emissions averaging at PCWP facilities.
Requested modifications include allowing sources to receive credit for
achieving emissions reductions greater than 90 percent; basing
compliance on a single pollutant; allowing sources to combine emissions
averaging with PBCO; and allowing sources to receive credit for P2
alternatives as part of an EAP.
Response: We included an emission averaging compliance option in
the proposed rule as an equivalent, more flexible, and less costly
alternative to the compliance options for add-on control systems.
Unlike previous MACT standards with emissions averaging, the proposed
(and final) emissions averaging provisions in the PCWP rule do not
include (1) limits on the number of sources that can be included in an
emissions average, (2) requirements for a hazard or risk analysis, or
(3) application of a 10 percent discount factor to emissions credit
calculations. In addition, the emissions averaging provisions in the
final PCWP rule require that credits for emissions reductions be
achieved using APCD, and that the EAP be based on emissions of the six
predominant HAP emitted from PCWP process units, referred to as total
HAP. Also, the emissions averaging provisions do not allow credit for
reductions beyond 90 percent.
We disagree with the commenters' request to allow credit for
achieving greater than 90 percent control of HAP as part of an EAP. We
note that the 90 percent MACT floor level (upon which the emissions
averaging provisions are based) reflects the inherent variability in
uncontrolled emissions from PCWP process units and the decline in
performance of control devices applied to these process units. The data
set used to establish the MACT floor is composed of point-in-time test
reports, some of which show a greater than 90 percent control
efficiency; however, we selected 90 percent as the MACT floor level of
control to reflect inherent performance variability. Therefore, it
would be inappropriate to allow PCWP facilities to receive credit for
similar point-in-time performance tests showing greater than 90 percent
control, considering that the same types of control technologies would
be used.
Regarding the commenters' request to allow credit for greater than
90 percent control for those sources with no MACT control requirements,
we maintain that this would be inappropriate because the same issues of
emissions variability and control device performance apply to those
emission sources, and they likely would share control devices with PCWP
process units that do have MACT control requirements.
We have rejected the commenters' suggestion to base the emissions
averaging provisions on a single pollutant (e.g., THC, methanol or
formaldehyde), and retained the requirement in the final rule that the
EAP must be based on total HAP. The predominant HAP emitted from a
given process unit varies, with some process units emitting methanol as
the predominant HAP and others emitting formaldehyde or acetaldehyde as
the predominant HAP. However, the predominant HAP will always be one of
the six we have identified in the definition of total HAP in the final
PCWP rule. If we based the EAP on only one pollutant, process units
that emit the target HAP in small quantities will not be correctly
accounted for in the EAP, resulting in potentially less stringent
control and greater potential risk than would result with other control
options. As noted above, we did not include a hazard/risk study as part
of the proposed EAP because we were requiring that the emissions
reductions be based on total HAP, and PCWP process units generally emit
the same six primary HAP, although in different quantities and ratios.
Basing the EAP on a single pollutant would eliminate our rationale for
not requiring a risk analysis. We also note that, while THC emissions
are an acceptable surrogate for monitoring the performance of an add-on
control device (same control device mechanisms that reduce THC
emissions reduce HAP emissions), THC emissions are not an accurate
surrogate for establishing baseline HAP emissions for uncontrolled
process units, and thus the EAP should not be based solely on THC
emissions. Although all PCWP process units emit THC, uncontrolled THC
emissions from softwoods are substantially higher than from hardwoods
due to non-HAP compounds (e.g., pinenes) present in softwoods.
Therefore, allowing sources without add-on controls to focus on THC
reductions achieved by increasing hardwood usage might reduce THC
emissions but would have a minimal impact on HAP emissions. For these
reasons, we feel that, for the purpose of the final rulemaking, THC
should only be used as a surrogate for HAP when assessing the
performance of an add-on control device, and should not be used as a
surrogate for establishing the required and actual mass removal of HAP
as part of an EAP.
We disagree with the commenters that combining the emissions
averaging option and PBCO will result in equivalent emissions
reductions. As we stated in our response to previous comments in this
section regarding PBCO, we developed the PBCO limits to provide an
option for sources that develop P2 techniques. The PBCO limits
represent applicability cutoffs such that sources with emissions below
the applicable PBCO thresholds are not required to further reduce those
emissions below MACT levels. By combining PBCO limits with the EAP, as
proposed by the commenter, we would be allowing higher-emitting sources
(i.e., those that cannot meet a PBCO and which should be controlled) to
escape controls by artificially lowering their emissions (using the
credits from the EAP) to levels that would qualify as low-emitting
(below PBCO limits). This is counter to the intent of the PBCO and
would result in lower emissions reductions than would be achieved
without combining these two compliance options; therefore, this does
not represent an option that is equivalent to the MACT floor and is not
allowed in the final rule.
We also disagree with the commenters' suggestion to modify the
emissions averaging provisions to allow sources to receive credit for
P2 projects because: (1) Compliance options (i.e., PBCO) already exist
for any P2 projects that prove feasible, and (2) inclusion of currently
undemonstrated P2 projects within EAP would unnecessarily complicate
these plans and hamper enforcement. As we noted previously in this
preamble, the final rule allows PCWP facilities to use both P2 (i.e.,
the PBCO) and emissions averaging at the same facility; sources are
only limited in that they cannot apply both options to the same process
unit. We also disagree with the commenters' assertion that quantifying
the emissions reductions from P2 projects would not be difficult.
Quantifying the emissions reductions associated with P2 projects has
historically been a contentious issue, especially when a baseline
emission level must be established from which to calculate the
emissions reduction. We feel that the same issues apply for PCWP
facilities, especially given the fact that P2 techniques have not been
widely used or documented in the PCWP industry. In contrast, emissions
reductions achieved through the use of add-on control systems are
easily documented. The PBCO were established to address the future
development and implementation of P2 techniques; however, the resultant
[[Page 45974]]
PBCO limits do not require that emissions reductions be determined.
Instead, sources simply demonstrate that they are below the PBCO limit
and will continue to operate in a manner that ensures they will remain
below the PBCO limit.
Regarding the suggested P2 option of increasing a facility's use of
hardwood species, in addressing other issues, commenters stressed the
difficulties associated with maintaining a consistent wood material
flow in terms of species, moisture content, etc., which would suggest
that an operating condition based on maintaining a set level of wood
species would be unworkable. Furthermore, for veneer dryers, where
species identification (hardwood vs. softwood), and thus enforcement,
is fairly straightforward from the standpoint of both visual inspection
and end-product, we have already established separate MACT floors for
softwood and hardwood veneer dryers (and require no further emissions
reductions from hardwood veneer dryers). When the end product is
particleboard or MDF, and the raw material is in the form of wood
chips, planer shavings, or sawdust, determining how much of that
material is softwood versus hardwood would be very difficult, and
likely unenforceable. Because of commenters' concerns that an operating
condition based on wood species is technically unworkable and the
associated enforcement issues, we feel this option is not viable.
Regarding process changes such as reformulation, lowering dryer
temperature, and routing process unit exhaust to existing combustion
devices, the final rule already includes compliance options that would
accommodate all of these strategies. For example, product reformulation
and lowering dryer temperature are potential P2 options, and the PBCO
limits would apply if the P2 efforts sufficiently lower emissions. The
final PCWP rule distinguishes between green (high temperature, high
moisture) rotary dryers and dry (low temperature, low moisture) rotary
dryers and requires no further emissions reductions from dry rotary
dryers. Regarding the use of existing combustion units as control
devices, the final rule allows sources to route emissions to onsite
combustion units for incineration. The final rule also allows sources
to control a portion of a process unit's emission stream as part of an
emissions average. However, we disagree that incineration of emissions
in onsite process units is a P2 measure. Therefore, compliance with the
PBCO using process incineration is not allowed in the final rule. The
add-on control system and emissions averaging compliance options are
available for process units controlled by routing exhaust to an onsite
combustion unit.
The final PCWP rule does not allow production curtailment to be
counted as part of an EAP. As stated in the preamble to the proposed
rule (68 FR 1276, January 9, 2003), we do not have facility-wide
uncontrolled emissions data and facility-wide controlled emissions data
for each PCWP facility to determine the baseline emissions and percent
reduction in HAP achieved by each facility. Therefore, the MACT floor
is not based on facility-wide emissions and emissions reductions
achieved during year ``x.'' Instead, the MACT floor is based on (1) the
presence or absence of certain MACT controls (in place as of April
2000) on certain types of process units and (2) test data showing that
these controls reduce emissions by greater than or equal to 90 percent.
We applied the MACT floor methodology at the process unit level because
we had the most accurate data at the process-unit level, making this
approach the most technically and legally sound. The PCWP industry is
very dynamic, with frequent shutdowns of equipment for maintenance, and
occasionally longer shutdowns (e.g., month-long), if demand drops. The
final PCWP rule requires emissions from specified process units at
impacted PCWP facilities to be reduced by 90 percent, regardless of
what the levels of emissions are for those facilities in a particular
year. Therefore, implementation of the final PCWP rule at individual
PCWP facilities will result in greater emissions reductions in years of
greater production and lesser emissions reductions during years of
lower production. As mentioned in the response to the previous comment,
the emissions averaging provisions must achieve emissions reductions
that are greater than or equal to those that would be achieved using
the add-on control system compliance options, which specify which
process units must be controlled. If we allowed credit for production
curtailments, the overall emissions reductions achieved through the
emissions averaging provisions would not be equivalent to what would be
achieved through the use of the add-on control system compliance
options, and therefore, the EAP would not be a MACT-equivalent
alternative. For example, if we allowed production curtailments to
count toward an emissions average, then a facility that shuts down one
of two parallel production lines (each of which includes dryers and a
press, plus HAP-emitting equipment that does not have associated
control requirements) may not be required to control the emissions from
any of the dryers or press on the remaining production line. However,
if the same facility opted to comply with the add-on control system
compliance options, then it would be required to control the press and
dryer emissions from the remaining production line by 90 percent
regardless of whether or not the other production line was shut down.
In order to maintain equivalency between the emissions averaging
provisions and the add-on control system compliance options and to
preserve the required HAP emissions reductions, the final PCWP rule
does not allow production curtailment to be counted as part of an EAP.
Comment: One commenter objected to the inclusion of the emissions
averaging option in the rule primarily because of the lack of a
requirement to conduct a hazard or risk study. This commenter asserted
that removing a certain mass of HAP regardless of identity is not
equivalent to the other compliance options, and when the dose-response
and exposure data are examined, it should be obvious that trading one
HAP for another to meet a RMR is not an acceptable option. The
commenter noted that there are currently no methods for weighting the
toxicity of HAP and that the effects of simultaneous exposure to
several HAP also are unknown.
Response: We disagree with commenter's assertion that inclusion of
the emissions averaging provisions will potentially increase toxic
emissions at certain PCWP process units. As stated in the preamble to
the proposed rule (68 FR 1289, January 9, 2003), PCWP facilities have
fewer pollutants of concern (as compared to HON facilities) and are
likely to have similar HAP emissions from the emission points (process
units) that would be used to generate debits and credits. The PCWP
facilities emit six primary HAP, whereas HON facilities may emit over
140 different HAP. The PCWP facilities choosing to comply through
emission averaging must account for the emissions of the six primary
HAP (total HAP), which represent greater than 96 percent of the mass of
HAP emitted from PCWP process units. Because the MACT control
technologies are effective in reducing the emissions of all six of
these HAP, and the emissions averaging provisions require the use of
add-on control technologies for credit-generating sources in an EAP, we
feel that the emissions averaging provisions will achieve a hazard/risk
benefit
[[Page 45975]]
comparable to what would be achieved through point-by-point compliance.
Although the final rule does not require a hazard/risk study, States
will still have the discretion to require a PCWP facility that
requested approval of an EAP to conduct a hazard/risk study (or could
preclude the facility from using emissions averaging altogether).
Comment: Several commenters requested that we write the definitions
of some of the variables used in the emissions averaging equations in
the final rule to clarify that sources can take credit for emission
reductions achieved through partial control of debit-generating process
units.
Response: We agree with the commenters' request and have written
the definitions of some of the variables used in the emissions
averaging equations in today's final rule to clarify that partial
credits generated from debit-generating process units that are
undercontrolled can be included in the calculation of the AMR. For
example, a PCWP facility may decide to control 30 percent of the
emissions from a green rotary dryer and 80 percent of the emissions
from a blender as part of an EAP in order to achieve a HAP reduction
that is the same as or greater than what the facility would have
achieved by controlling the green dryer emissions alone by 90 percent.
In this example, the green rotary dryer is a debit-generating unit
because it has MACT control requirements; however, the green dryer can
receive credit in the AMR calculation for any partial emissions
reductions that are achieved.
H. Testing and Monitoring Requirements
1. Test Methods
Comment: Several commenters noted that one of the NCASI test
methods, NCASI IM/CAN/WP-99.01, has been updated, and requested that
the final rule refer to the revised version. One of the commenters
provided a revised version of the method, identified as NCASI IM/CAN/
WP-99.02. This commenter noted that the trained NCASI sampling team was
able to get good consistent results with the original version of the
method both in the laboratory and in the field, but that sampling
contractors had difficulty obtaining valid results. The commenter
maintained that the revised version is easier to understand, includes
more details, and reflects the comments of the contractors that have
experience with the original method. The commenter also stated that the
quality assurance requirements were strengthened in the revised version
to ensure good results. Several commenters also noted that NCASI is
currently developing a new method for measuring the six HAP (total HAP)
listed in the PCWP rule as proposed. Therefore, the commenters
requested that we include language in the final rule that would allow
PCWP facilities to use future methods once they have been reviewed by
EPA and have passed Method 301 validation at a PCWP plant.
Response: We reviewed the revised NCASI method IM/CAN/WP-99.02
supplied by the commenter and agree that the revised method is
appropriate for measurement of the six HAP that comprise ``total HAP;''
therefore, we have included NCASI IM/CAN/WP-99.02 in the today's final
rule. Regarding the development of future test methods, if and when a
new method for measuring HAP from PCWP sources is developed and
validated via EPA Method 301, we will issue an amendment to the final
rule to include the use of that method as an alternative to the methods
included in the final rule for measuring total HAP (i.e., NCASI Method
IM/CAN/WP/99.02 and EPA Method 320--Measurement of Vapor Phase Organic
and Inorganic Emission by Extractive FTIR). In the meantime, if the new
method is validated using Method 301, then the Method 301 results can
be used to request approval to use the new method on a site-specific
basis.
Comment: Several commenters noted that the tracer gas method for
determining capture efficiency, developed by a PCWP company and
included in the proposed rule (68 FR 1276, appendix A to 40 CFR part
63), is a work in progress. These commenters included with their
comments a copy of field validation tests conducted at a PCWP facility.
The commenters noted that future tests are planned using the tracer gas
method and that the results of these tests should help EPA improve the
use and application of the proposed tracer gas test.
Response: We have reviewed the results of the first field
validation test of the tracer gas method and note that the commenters
did not provide any specific recommendations for modifying the tracer
gas method as it was proposed. Therefore, other than a few minor
wording changes, we did not make any substantive changes to the tracer
gas method in the final rule. If the results of subsequent field tests
demonstrate a need to (further) modify the tracer gas method, we will
issue an amendment to the final rule to incorporate the necessary
changes.
2. Sampling Locations
Comment: Several commenters recommended that the final rule be
reworded to clearly state that inlet sampling should take place at the
functional inlet of a control device sequence or at the primary HAP
control device inlet. For example, the commenters noted that the final
rule needs to clarify that sampling should take place at the inlet of a
WESP that precedes an RTO instead of between the two devices. The
commenters noted that many WESP-RTO control systems are too closely
coupled to allow for a sampling location in between that meets the
requirements of Method 1 or 1A, 40 CFR 60, appendix A.
Response: We agree with the commenters and have written the final
PCWP rule to indicate that, for HAP-altering controls in sequence, such
as a wet control device followed by a thermal oxidizer, sampling sites
must be located at the functional inlet of the control sequence (e.g.,
prior to the wet control device) and at the outlet of the control
sequence (e.g., thermal oxidizer outlet) and prior to any releases to
the atmosphere. In addition, as discussed previously in this preamble,
the final rule also clarifies that facilities demonstrating compliance
with a PBCO limit for a process unit equipped with a wet control device
must locate the sampling site prior to the wet control device.
3. Testing Under Representative Operating Conditions
Comment: Several commenters objected to the proposed requirement to
test process units under representative operating conditions. The
commenters argued that, because the initial compliance tests determine
the outer limits of compliance, those tests should be conducted at the
boundaries of expected performance for the process and control units.
These commenters noted that testing at representative conditions would
not accurately simulate true operating conditions, and thus, the
operating parameter limits would be too narrow. Therefore, the
commenters contended that the final rule should specify that initial
compliance tests should be conducted at the extremes of the expected
operating range for the parameter and control device function. In
addition, one of the commenters noted that the testing provisions
should also address potential conflicts with traditional State
requirements to test at maximum or design conditions.
Response: The proposed rule defined representative operating
conditions as
[[Page 45976]]
those conditions under which ``the process unit will typically be
operating in the future, including use of a representative range of
materials[* * *] and representative temperature ranges.'' We disagree
that the proposed requirement to test under representative operating
conditions will conflict with State requirements and result in
operating parameter limits/ranges that are too narrow. We wish to
clarify that the definition of representative operating conditions
refers to the full range of conditions at which the process unit will
be operating in the future. We expect that facilities will test under a
variety of conditions, including upper and/or lower bounds, to better
define the minimum or maximum operating parameter limit or broaden
their operating limit ranges (where applicable). For example, if a
facility generally operates a process unit (equipped with an RTO) under
conditions that require the RTO to be operated at a minimum temperature
of 1450[deg]F to ensure compliance with the standards, but at other
times operates that process unit under conditions such that the minimum
RTO operating temperature must be 1525[deg]F to ensure compliance, then
the facility has two options. One option is for the facility to
incorporate both of these operating conditions into their permit such
that they are subject to two different operating parameter limits
(minimum temperatures), one for each (defined) operating condition. As
an alternative, the facility could decide to comply with the parameter
limit associated with the worst-case operating conditions (most
challenging conditions for the RTO), which in this example would
correspond to maintaining a minimum RTO operating temperature of
1525[deg]F, and thus, they could demonstrate continuous compliance
regardless of the operating condition as long as they maintained the
RTO temperature at or above 1525[deg]F. We have revised the monitoring
requirements for process units without control devices to allow these
sources to establish a range of compliant parameter values. In
addition, those PCWP facilities operating biofilters must maintain
their biofilter bed temperature within the range established during the
initial performance test and, if available, previous performance tests.
If the final PCWP rule required testing at maximum operating
conditions, there would be no way for facilities to identify their
operating parameter ranges. For these reasons, we maintain that the
requirement to test at representative operating conditions is
appropriate for the PCWP rule.
4. Process Incineration Monitoring Requirements
Comment: Several commenters expressed approval for the proposed
exemption from testing and monitoring requirements for those process
units with emissions introduced into the flame zone of an onsite
combustion unit with a capacity greater than or equal to 44 megawatts
(MW) (150 million Btu/hr). In addition, several of these commenters
requested that we expand upon this exemption in the final rule. First,
the commenters requested that we extend the exemption to include
situations where the process unit exhaust is introduced into the
combustion unit with the combustion air. The commenters noted that we
had included such exemptions in the HON (40 CFR part 63, subpart G) and
in the Pulp and Paper Cluster Rule (40 CFR part 63, subpart S) in
recognition of the fact that boilers greater than 44 MW typically had
greater than \3/4\-second residence time, ran hotter than 1,500[deg]F,
and usually had destruction efficiencies greater than 98 percent (see
65 FR 3909, January 25, 2000, and 65 FR 80762, December 22, 2000, at
Sec. 63.443(d)(4)(ii)). The commenters stated that the design and
construction of PCWP boilers follow the same principles that would
allow for these operating conditions. Second, the commenters requested
that we also exempt smaller combustion units (less than 44 MW, or 150
million Btu/hr) from the testing and monitoring requirements if the
process unit exhaust is introduced into the flame zone of the
combustion unit. The commenters noted that most of the combustion units
associated at PCWP facilities are smaller units and that testing of
these units can be complicated by their configuration and integration
with other process units.
Response: After reviewing available information on process
incineration at PCWP facilities, we decided to include smaller
combustion units in the exemption from testing and monitoring
requirements if the process exhaust enters into the flame zone. As part
of this change, we have included definitions of ``flame zone'' and
``combustion unit'' in the final rule. However, we decided not to
include an exemption for PCWP combustion units that introduce the
process exhaust with the combustion air. As noted by the commenters,
the HON and the final pulp and paper MACT I rule exempt from testing
and monitoring requirements combustion devices with heat input capacity
greater than or equal to 44 MW. The HON also exempts from testing and
monitoring combustion devices with capacity less than 44 MW if the
exhaust gas to be controlled enters with the primary fuel. If the
exhaust gas to be controlled does not enter with the primary fuel, then
testing and continuous monitoring of firebox temperature is required by
the HON. Similarly, the final pulp and paper MACT I rule exempts from
testing and monitoring requirements combustion devices (including
recovery furnaces, lime kilns, boilers, or process heaters) with
capacity less than 44 MW if the exhaust stream to be controlled enters
into the flame zone or with the primary fuel. Similar to the HON and
pulp and paper MACT I rules, the final PCWP rule extends the exemption
from testing and monitoring requirements to combustion units with heat
input capacity less than 44 MW, provided that the exhaust gas to be
treated enters into the combustion unit flame zone. If the exhaust gas
enters into the combustion unit flame zone, the required 90 percent
control efficiency may be assumed. If the exhaust gas does not enter
into the flame zone, then the testing and monitoring requirements for
thermal oxidizers will apply.
As noted by the commenter, the HON and the final pulp and paper
MACT I rule exempted boilers (and recovery furnaces at pulp and paper
mills) with heat input capacity greater than 44 MW from testing and
monitoring requirements because performance data showed that these
large boilers achieve at least 98 percent combustion of HAP when the
emission streams are introduced with the primary fuel, into the flame
zone, or with the combustion air. Lime kilns at pulp and paper mills
were excluded from this provision because we did not have any data to
show that lime kilns can achieve the required destruction efficiency
when the HAP emission stream is introduced with the combustion air.
Therefore, lime kilns at pulp and paper mills that accept HAP emission
streams must introduce the stream into the flame zone or with the
primary fuel. We do not have the data to show that the design and
construction of large (greater than 44 MW) combustion units at PCWP
plants would be similar to boilers found at pulp and paper mills.
Furthermore, combustion units at PCWP plants with heat input capacity
of greater than 44 MW are less prevalent than smaller (i.e., less than
44 MW) PCWP combustion units, and many of these smaller combustion
units are not boilers. As stated above, the final rule exempts these
smaller combustion units from the testing and monitoring requirements
[[Page 45977]]
provided that the HAP emission stream is introduced into the flame
zone. For these reasons, the final PCWP rule does not extend the
exemption from testing and monitoring to those boilers greater than 44
MW that introduce the HAP emission stream with the combustion air.
5. Selection of Operating Parameter Limits for Add-On Control Systems
Comment: Several commenters stated that the inlet static pressure
to a thermal or catalytic oxidizer is not a reliable indicator of the
flow through the oxidizer, the destruction efficiency, or the capture
efficiency. The commenters also noted that the preamble to the PCWP
rule stated that monitoring the static pressure can indicate to the
operator when there is a problem such as plugging. However, the
commenters stated that static pressure is usually the last indicator of
these types of control device problems. As discussed in the
promulgation BID, the commenters agreed that measuring those parameters
helps to assess the overall condition of the oxidizer but provided
reasons why setting limits on these parameters is inappropriate. The
commenters further noted that monitoring the static pressure helps to
control the speed of the fan or the oxidizer dampers so that all the
air flows are balanced. According to the commenters, static pressure is
adjusted to avoid vacuum conditions in the ductwork of multiple-dryer
systems treated by one control device when one dryer is shut down, to
improve emission collection efficiency and prevent fugitive emissions,
and to adjust the pressure drop across a bag filter as it fills with
particulates, among other reasons. However, the commenters stated that,
if operators are required to keep the static pressure within an
operating range, it will limit their ability to maintain capture
efficiency. The commenters expressed similar concerns regarding air
flow rate monitoring and noted that numerous factors affect the air
flow through the control device, including the rate of water removal in
dryers, leakage of tramp air into the process, the number of processes
operating for control units that receive emissions from multiple
production units, and the overall production speed due to process
adjustments. The commenters noted that, in those cases where air flow
to the oxidizer is not constant, monitoring the air flow through the
oxidizer will not be an accurate measure of capture efficiency.
Response: After reviewing the information provided by the
commenters, we agree that, while monitoring the static pressure or air
flow rate helps to assess the overall condition of the oxidizer and
provides an indication that emissions are being captured, setting
operating limits on these parameters is not appropriate for the reasons
given by the commenters. Therefore, today's final rule does not include
the proposed requirement to monitor the static pressure or air flow
rate for thermal and catalytic oxidizers.
Comment: Several commenters requested that we modify the procedures
for determining the minimum operating temperature (operating limit) for
thermal and catalytic oxidizers. The commenters stated that, due to the
normal variation in combustion temperatures, a facility will have to
perform the initial compliance test at lower-than-normal temperature
conditions to ensure that the minimum combustion temperature will be
set at a level that they can continuously meet. The commenters
requested that we allow facilities to operate the thermal oxidizers up
to 50[deg]F lower than the average obtained by the performance test and
allow facilities to operate RCO at a level that is 100[deg]F above the
minimum operating temperature of the catalyst. The commenters also
noted that, when the THC concentration in the inlet is high, the RCO
will not need any additional heat and it can operate at temperatures
higher than the set point. Therefore, if the initial compliance tests
are conducted under these conditions, the operating temperature limit
will be too high for production rates at less than full capacity.
Commenters also stated that, for RCO, the thermocouple should be
placed in a location to measure the temperature of the gas in the
combustion chamber between the catalyst beds instead of in a location
to measure the gas stream before it reaches the catalyst bed. The
commenters noted that, because the gas flow reverses direction in RCO,
the inlet temperature monitor will not consistently measure the gas at
the same point in the process such that sometimes the gas temperature
will be recorded after the catalyst beds instead of before. The
commenters further noted that placement of the monitor inside the
combustion chamber would eliminate the need for multiple monitors and
avoid problems such as overheating and burnout of the catalyst media
caused by the temperature delay between the burner and the RCO inlet.
Response: We disagree with the commenters' request to include a
50[deg]F margin around the minimum operating temperature established
during the thermal oxidizer compliance test. In general, selection of
the representative operating conditions for both the process and the
control device for conducting the performance test is an important, and
sometimes complex, task. We maintain that establishing the add-on
control device operating limit at the level demonstrated during the
performance test is appropriate. We note that the PCWP rule as proposed
allows a facility to select the temperature operating limits based on
site-specific operating conditions, and the facility is able to
consider the need for temperature fluctuations in this selection. The
PCWP rule as proposed requires that the operating limit be based on the
average of the three minimum temperatures measured during a 3-hour
performance test (rather than on the average temperature over the 3-
hour period, for example) to accommodate normal variation during
operation and ensure that the minimum temperature established
represents the lowest of the temperatures measured during the compliant
test. For example, during a 3-hour, three-run performance test, the
operating limit would be determined by averaging together the lowest
15-minute average temperature measured during each of the three runs.
However, continuous compliance with the operating limit is based on a
3-hour block average. For a typical 3-hour set of data, this means that
the 3-hour block average will be higher than the average of the three
lowest 15-minute averages, so the temperature monitoring provisions
already have a built-in compliance margin. In addition, the final rule
allows PCWP facilities to conduct multiple performance tests to set the
minimum operating temperature for RCO and RTO, so PCWP sources would
have the option to conduct their own studies (under a variety of
representative operating conditions) in order to establish the minimum
operating temperature at a level that they could maintain and that
would provide them with an acceptable compliance margin. We feel these
provisions allow sufficient flexibility, and an additional tolerance
for a 50[deg]F temperature variation is not necessary. Therefore, the
final rule does not allow facilities to operate thermal oxidizers
50[deg]F lower than the average temperature during testing.
With regard to RCO, we agree with the commenters that when the THC
concentration in the inlet is high, the RCO will not need any
additional heat and it can operate at temperatures higher than the set
point. Therefore, if the initial compliance tests are conducted under
these conditions, the operating temperature limit will be too
[[Page 45978]]
high for production rates at less than full capacity. However, the
final rule requires emissions testing under representative operating
conditions and not maximum operating conditions. In addition, we do not
agree with the commenter's solution to set the operating limit at
100[deg]F above the minimum operating (design) temperature of the
catalyst. As with RTO, we feel it is incumbent upon the facility to
demonstrate performance and establish the operating limits during the
compliance demonstration test. Therefore, the final rule requires the
facility to establish the minimum catalytic oxidizer operating
temperature during the compliance test. However, as noted below, we
have provided more flexibility to the facility regarding temperature
monitoring for RTO and RCO.
We recognize that in a typical RTO and RCO the combustion chamber
contains multiple burners, and that each of these burners may have
multiple thermocouples for measuring the temperature associated with
that burner. The final rule requires establishing and monitoring a
minimum firebox temperature for RTO. In an RTO, the minimum firebox
temperature is actually represented by multiple temperature
measurements for multiple burners within the combustion chamber. Thus,
the final rule clarifies that facilities operating RTO may monitor the
temperature in multiple locations within the combustion chamber and
calculate the average of the temperature measurements to use in
establishing the minimum firebox temperature operating limit.
Regarding RCO, we agree with the commenters that, because the gas
flow reverses direction in RCO, the inlet temperature monitor will not
consistently measure the gas at the same point in the process, such
that sometimes the gas temperature will be recorded after the catalyst
beds instead of at the inlet to the beds. We did not intend to require
the separate measurement of each inlet temperature by switching the
data recording back and forth to coincide with the flow direction into
the bed. The intention is to monitor the minimum temperature of the gas
entering the catalyst to ensure that the minimum temperature is
maintained at the operating level during which compliance was
demonstrated. This can be accomplished by measuring the temperature in
the regenerative canisters at one or more locations. Measuring the
inlet temperatures of each catalyst bed and then determining the
average temperature for all catalyst beds is one approach. Even though
some of the beds are cooling and others are heating, the average across
all of the catalyst beds should not vary significantly. Another
acceptable alternative is monitoring the combustion chamber
temperature, as suggested by the commenters. The monitoring location(s)
selected by the facility may depend on the operating conditions (i.e.,
THC loading to the unit) during the performance test and how the unit
is expected to be operated in the future. The objective is to establish
monitoring and operating limits that are representative of the
conditions during the compliance demonstration test(s) and
representative of the temperature to which the catalyst is exposed. We
recognize the need for flexibility in selecting the temperature(s) to
be monitored as operating limits for RCO. Therefore, the final rule
provides flexibility by allowing facilities with RCO to choose between
basing their minimum RCO temperature limit on the average of the inlet
temperatures for all catalyst beds or the average temperature within
the combustion chamber. If there are multiple thermocouples at the
inlet to each catalyst bed, then we would expect facilities to average
the measurements from each thermocouple to provide a representative
catalyst bed inlet temperature for each individual catalyst bed.
Finally, the final rule also includes an option (in lieu of
monitoring oxidizer temperature) for monitoring and maintaining the
oxidizer outlet THC concentration at or below the operating limit
established during the performance test. Use of the THC monitoring
option would eliminate the concerns regarding establishing and
monitoring oxidizer operating temperatures (in effect, it provides
facilities complete flexibility in operation of the control device, as
long as the THC outlet concentration remains below the operating
limit).
Comment: One commenter recommended that we require sampling and
testing of the catalyst activity level for RCO. The commenter stated
that the proposed requirement to monitor inlet pressure may not be
sufficient to detect catalyst problems such as poisoning, blinding, or
degradation.
Response: We agree with the commenter that a catalyst activity
level check is needed because catalyst beds can become poisoned and
rendered ineffective. An activity level check can consist of passing an
organic compound of known concentration through a sample of the
catalyst, measuring the percentage reduction of the compound across the
catalyst sample, and comparing that percentage reduction to the
percentage reduction for a fresh sample of the same type of catalyst.
Generally, the PCWP facility would remove a representative sample of
the catalyst from the catalytic oxidizer bed and then ship the sample
to a testing company for analysis of its ability to oxidize organic
compounds (e.g., by a flame ionization detector).
In response to this comment, we added to the final rule a
requirement for facilities with catalytic oxidizers to perform an
annual catalyst activity check on a representative sample of the
catalyst and to take any necessary corrective action to ensure that the
catalyst is performing within its design range. Corrective actions may
include washing or baking out the catalytic media, conducting an
emissions test to ensure the catalytic media is resulting in the
desired emissions reductions, or partial or full media replacement.
Catalysts are designed to have an activity range over which they will
reduce emissions to the desired levels. Therefore, the final rule
specifies that corrective action is needed only when the catalyst
activity is outside of this range. It is not our intention for
facilities to replace catalyst if the catalytic media is not performing
at the maximum level it achieved when the catalyst was new. Also, the
final rule specifies that the catalyst activity check must be done on a
representative sample of the catalyst to ensure that facilities that
may have recently conducted a partial media replacement do not sample
only the fresh catalytic media for the catalyst activity check.
Comment: Several commenters stated that the proposed operating
requirements for pressure drop across the biofilter bed should be
removed from the final PCWP rule. The commenters contended that
pressure drop is a good parameter to monitor voluntarily because it
indicates the permeability and age of the biofilter bed, helping to
determine maintenance and replacement needs; however, it is not an
indicator of destruction efficiency. The commenters noted that, because
of normal wear and tear, the pressure drop gradually increases over the
2- to 5-year life span of the biofilter, so it would not be possible to
maintain a constant operating pressure. The commenters further noted
that the supporting materials in the project docket did not provide any
information or data that would support the idea that pressure drop is
an indication of HAP destruction efficiency, but only indicated that
pressure drop was an indication of the age of the biofilter. For these
reasons, the commenters argued
[[Page 45979]]
that setting an absolute limit on pressure drop was inappropriate.
The commenters also requested that the proposed requirements to
monitor the pH of the biofilter bed effluent be removed from the final
PCWP rule. The commenters noted that pH is a good parameter to monitor
voluntarily because it indicates the environmental conditions inside
the biofilter bed and can indicate the presence of organic acids and
THC decomposition products, but it is not a reliable indicator of
destruction efficiency. According to the commenters, small fluctuations
of pH are expected and have little effect on the biofilter performance;
therefore, the narrow range of pH values that would be established as
an operating range by the initial compliance tests should not be used
alone to determine biofilter performance. The commenters also noted
some problems associated with continuous measurement of pH. According
to the commenters, some biofilter units operate with periodic
irrigation of the bed, such that the effluent flow is not constant and
continuous monitoring is not possible. The commenters also pointed to
an NCASI survey that confirmed that continuous pH monitoring would be
impractical for the facilities surveyed. The commenters stated that,
because none of the PCWP facilities surveyed could find a link between
pH alone and biofilter performance, none of those facilities currently
have continuous pH monitors on their biofilters.
In addition, several commenters requested changes to the proposed
requirement to monitor the inlet temperature of the biofilter. These
commenters agreed that temperature is a parameter that should be
monitored for biofilters, but argued that the location of the
temperature monitor should be changed from the biofilter inlet to the
biofilter bed or biofilter outlet. The commenters noted that the
biofilter bed temperature has the greatest impact on biological
activity. According to the commenters, the biofilter inlet temperature
is not a good indicator of bed temperature and can change very rapidly
depending upon the operating rate of the press, the humidity, and the
ambient temperature.
Response: We agree with the commenters that increases in pressure
drop will occur over time and will not necessarily equate to a
reduction in control efficiency, making an absolute limit on pressure
drop ineffective in demonstrating continuous compliance. Therefore, we
have not included the requirement to monitor pressure drop in the
operating requirements for biofilters in the final PCWP rule. We have
also removed the requirement to monitor pH from the final rule.
Although pH is an indicator of the health of the microbial population
inside the biofilter, we agree with the commenters that including
continuous pH monitoring as an operating requirement for biofilters may
not be appropriate.
We also agree with the commenters that the biofilter bed
temperature has the greatest impact on biological activity and that the
location for monitoring the biofilter temperature should be changed. We
did not propose monitoring of biofilter bed temperature because we
thought that monitoring of biofilter inlet temperature would be simpler
because only one thermocouple would be required. The temperature inside
the biofilter bed can change in different areas of the bed, and
therefore, depending on the biofilter, multiple thermocouples may be
necessary to get an accurate picture of the temperature conditions
inside the biofilter bed. Prior to proposal we rejected the idea of
monitoring the biofilter exhaust temperature because temperature
measured at this location can be affected by ambient temperature
(especially for biofilters with short stacks) more than the temperature
inside the biofilter bed. We now conclude that there is no better, more
representative way to monitor the temperature to which the biofilter
microbial population is exposed than to directly monitor the
temperature of the biofilter bed. According to our MACT survey data,
most facilities with biofilters are already monitoring biofilter bed
temperature. Therefore, the final rule requires continuous monitoring
of the temperature inside the biofilter bed.
The proposed rule would have allowed facilities to specify their
own monitoring methods, monitoring frequencies, and averaging times for
the proposed biofilter operating parameters (i.e., inlet temperature,
effluent pH, and pressure drop). However, monitoring of temperature is
not as subjective as monitoring biofilter effluent pH and pressure
drop; therefore, as an outgrowth of our decision to not require
monitoring of biofilter effluent pH and pressure drop, the final rule
specifies the monitoring method, frequency, and averaging time for
biofilter bed temperature monitoring. The final rule requires that each
thermocouple be placed in a representative location and clarifies that
multiple thermocouples may be used in different locations within the
biofilter bed. The temperature data (i.e., average temperature across
all the thermocouples located in the biofilter bed if multiple
thermocouples are used) must be monitored continuously and reduced to a
24-hour block average. A 24-hour block average was selected for
biofilter temperature monitoring because we recognize that there may be
some diurnal variation in temperature. Facilities wishing to reflect a
diurnal temperature variation when establishing their biofilter
temperature may wish to perform some test runs during peak daily
temperatures and other test runs early in the morning, when
temperatures are at their lowest.
Facilities may choose to observe parameters other than biofilter
bed temperature, but will not be required to record or control them for
the final PCWP rule. We feel that many factors can affect biofilter
performance, either alone (e.g., a media change) or in concert with one
another (e.g., a loss of water flow results in a sharp change in
temperature and pH). The factors that have the greatest effect on
biofilter performance are likely to be site-specific. However, based on
the comments we have received, we conclude that extensive biofilter
parameter monitoring is not the best method for ensuring continuous
compliance. To promote enforceability of the final PCWP rule, we have
added a requirement to perform periodic testing of biofilters. The
final rule requires facilities to conduct a repeat test at least every
2 years and within 180 days after a portion of the biofilter bed is
replaced with a new type of media or more than 50 percent (by volume)
of the biofilter media is replaced with the same type of media. Each
repeat test must be conducted within 2 years of the previous test
(e.g., 2 years after the initial compliance test, or 2 years after the
test following a media change). We are requiring repeat testing after a
partial or wholesale change to another media type (considered a
modification of the biofilter) because such a modification can impact
the performance of the biofilter. Facilities that replace biofilter
media with a new type of media (e.g., bark versus synthetic media) must
also re-establish the limits of the biofilter bed temperature range. We
feel that substantial replacement of the biofilter media (e.g.,
replacement of more than 50 percent of the media) with the same type of
media may affect short-term performance of the biofilter while the
replacement media becomes acclimated, and therefore, the final rule
requires a repeat performance test following this type of media
replacement. However, PCWP facilities that replace biofilter media with
the same type of media are not required to re-establish the biofilter
[[Page 45980]]
bed temperature range. In the case of same-media replacements, we feel
it is appropriate for PCWP facilities to be able to use data from
previous performance tests to establish the limits of the temperature
range. During repeat testing following replacement with the same type
of media, facilities can verify that the biofilter remains within the
temperature range established previously or establish a new compliant
temperature range. Facilities using a THC CEMS that choose to comply
with the THC compliance options (i.e., 90 percent reduction in THC or
outlet THC concentration less than or equal to 20 ppmvd) may use the
data from their CEMS in lieu of conducting repeat performance testing.
Comment: Several commenters requested that the final rule allow new
biofilters a longer period than 180 days to establish operating
parameter levels. These commenters suggested a 1-year period, because
that would be long enough to observe the full seasonal variation in
parameters and find the true operating maxima and minima.
Response: We disagree that more than 180 days is necessary to
establish operating parameter limits for biofilters. As mentioned
previously, we have eliminated the proposed requirement to establish
operating limits for pH and pressure drop. Today's final rule contains
two options for biofilter operating parameter limits: biofilter bed
temperature range and outlet THC concentration. While allowing 1 year
to establish the biofilter bed temperature operating range is
reasonable due to seasonal temperature variations, 1 year is not
necessary for establishing an outlet THC concentration limit.
Furthermore, the final rule already allows facilities to expand their
operating ranges (see Sec. 63.2262(m)(3)) through additional emissions
testing.
The compliance date for existing facilities is 3 years after
promulgation of the final PCWP rule, and existing facilities are
allowed 180 days following the compliance date to conduct performance
testing and establish the operating parameter limits. If there is
concern that 180 days is not long enough for a new biofilter
installation to operate under the full range of biofilter bed
temperatures, then existing facilities should begin operation of their
biofilter well before the compliance date (e.g., 180 days prior to the
compliance date if 1 year is needed). Facilities also have the option
of testing their biofilter prior to the compliance date to establish
one extreme of their biofilter bed temperature range. The compliance
date for new PCWP facilities is the effective date of the rule (if
startup is before the effective date) or upon initial startup (if the
initial startup is after the effective date of the rule), and
biofilters installed at new PCWP facilities would have up to 180 days
following the compliance date to establish the operating parameter
limits. To address situations where a new biofilter is installed at an
existing facility more than 180 days after the compliance date (e.g.,
to replace an existing RTO), we have included section Sec.
63.2262(m)(2) to the final PCWP rule, which allows existing sources
that install new biofilters up to 180 days following the initial
startup date of the biofilter to establish the operating parameter
limits. Thus, new biofilter installations are given time for
establishment of operating parameter limits regardless of where they
are installed at new or existing sources.
Comment: Multiple commenters supported the option to continuously
monitor THC at control device outlets to demonstrate compliance, but
suggested that either the procedure for determining the operating
limits or the length of the averaging periods be altered. The
commenters stated that THC concentration at a control device outlet is
not a parameter that can be easily adjusted by operators over short
periods of time. The commenters stated that 3 hours is not a long
enough block to avoid deviations from compliance given the variability
of the process. The commenters provided an analysis of THC data from a
biofilter outlet that showed multiple deviations occurring over a two
month period when a 3-hour block average was used and few to zero
deviations when a 24-hour or 7-day block average was used for the
operating limits. The commenters stated that because HAP destruction
efficiency of biofilters does not vary much with time, the longer block
average would not be environmentally harmful.
Response: While THC emissions at the outlet of a biofilter may
vary, the THC emissions at the outlet of a thermal or catalytic
oxidizer should not vary greatly. Although, as stated by the
commenters, the HAP destruction efficiency of biofilters is not subject
to large short-term variations, the same is not true for thermal and
catalytic oxidizers (e.g., a sudden significant decrease in temperature
could result in a sudden decrease in HAP reduction). Therefore, we feel
it is appropriate to maintain the 3-hour block averaging requirement
for THC monitoring for thermal and catalytic oxidizers. However, we
have expanded the THC averaging requirement for biofilters to a 24-hour
block average to provide more flexibility. The THC operating limit for
biofilters would be established as the maximum of three 15-minute
recorded readings during emissions testing. We also note the continuous
monitoring of THC is not required for all APCD, but is an alternative
to continuous monitoring of temperature. Furthermore, facilities can
conduct multiple performance tests at different operating conditions to
increase their maximum THC concentration operating limit.
6. Selection of Monitoring Requirements for Uncontrolled Process Units
Comment: Several commenters recommended that we change the title of
proposed Sec. 63.2262(n) (How do I conduct performance tests and
establish operating requirements?--Establishing uncontrolled process
unit operating requirements) to ``Establishing operating requirements
for production-based compliance option process units'' for the final
rule. The commenters stated that the proposed title implied that no
controls of any kind are being applied to these process units, when in
fact facilities may be using P2 techniques to reduce emissions. The
commenters also objected to wording within the proposed section that
suggests that temperature is the only parameter affecting HAP emissions
from the process units. The commenters suggested that the requirements
be revised in the final rule to give sources more flexibility in
identifying and documenting those process unit operating parameters
that are critical to maintaining compliance with the PBCO limits.
Response: At proposal, our intention was to establish operating
requirements for those process units complying with rule requirements
without the use of an APCD. There are two situations in the PCWP rule
as proposed where process units may not have an add-on control device:
(1) When process units meet the PBCO, or (2) when process units used to
generate emissions averaging debits do not have an add-on APCD that
partially controls emissions. To clarify this for the final rule and to
address the commenters' concern regarding applicability of Sec.
63.2262(n), we changed the title of the section to ``Establishing
operating requirements for process units meeting compliance options
without a control device.''
We agree with the commenters that temperature alone is not
necessarily the sole factor affecting HAP emissions from some process
units. A variety of factors can affect HAP emissions, and the
controlling parameter for one process unit may be different than the
controlling parameter for another process unit. Therefore, the final
rule
[[Page 45981]]
gives sources more flexibility in selecting and establishing operating
limits for process units without add-on controls. The final rule
requires facilities to identify and document the operating parameter(s)
that affect HAP emissions from the process unit and to establish
appropriate monitoring methods and monitoring frequencies. We recognize
that it is not practical to continuously monitor every process-unit-
specific factor that could affect uncontrolled emissions (e.g., there
is no way to monitor and determine a 3-hour block average of wood
species mix for a particleboard plant). However, some parameters are
suitable for continuous monitoring (e.g., process operating
temperature, furnish moisture content) and are already monitored as
part of normal operation but not for compliance purposes. We feel that
daily records of most parameters would be sufficient to ensure ongoing
compliance (e.g., daily average process operating temperature, furnish
moisture, resin type, wood species mix) if the parameters do not
deviate from the ranges for these parameters during the initial
compliance test. Therefore, in the final PCWP rule, we have replaced
the proposed 3-hour block average temperature monitoring requirements
for process units without control devices with a requirement to
maintain, on a daily basis, the process unit operating parameter(s)
within the ranges established during the performance test. This gives
facilities the flexibility to decide which parameters they will monitor
and control, while providing enforcement personnel with records that
can be used to assess and compare the day-to-day operation of the
process unit to the controlling operating parameters. Facilities are
also allowed to decide for each parameter the appropriate monitoring
methods, monitoring frequencies, and averaging times (not to exceed 24
hours for continuously monitored parameters such as temperature and
wood furnish moisture). Also, to ensure that the HAP emissions measured
during the compliance tests are representative of actual emissions, the
final rule requires testing at representative operating conditions, as
defined in the rule.
7. Data Collection and Handling
Comment: Several commenters requested clarifications and changes to
the proposed requirements related to data collection and handling for
CPMS. The commenters stated that the requirement that a valid hour of
data must include at least three equally spaced data values for that
hour is ambiguous and should be revised. The commenters recommended
that the final rule require facilities to average at least three data
points taken at constant intervals, provided the interval is less than
or equal to 15 minutes. The commenters further noted that a better
approach would be to drop the concept of an hourly average altogether
and simply calculate the block average as the average of all evenly
spaced measurements in the block period with a maximum measurement
interval of 15 minutes. The commenters also noted that the proposed
rule did not specify how to calculate the 3-hour block average when one
or more of the individual hours does not contain at least three valid
data values.
Commenters also requested that the final rule consolidate and
clarify the requirements in proposed Sec. Sec. 63.2268 and 63.2270
regarding data that should be excluded from block averages. The
commenters recommended that the final rule explicitly state that any
monitoring data taken during periods when emission control equipment
are not accepting emissions from the production processes should be
excluded from hourly or block averages. The commenters also noted
inconsistencies in the proposed rule language that seemed to imply that
data collected during production downtime and SSM events would be
included in the hourly averages but not in the block averages. The
commenters stated that, because SSM events occur when the process is
not in operation, there is no need to collect data from these periods.
Response: We agree with the commenters that the proposed rule
language regarding acceptable data and data averaging was somewhat
ambiguous and have revised the language accordingly. Following the
commenters' recommendation, we removed the concept of an hourly average
from the final rule to allow block averages to be calculated as the
average of all evenly spaced measurements in the 3-hour or 24-hour
block period with a maximum measurement interval of 15 minutes. In
place of the requirement for a valid hourly average to contain at least
three equally spaced data values for that hour, we added a minimum data
availability requirement. The minimum data availability requirement
specifies that to calculate data averages for each 3-hour or 24-hour
averaging period, you must have at least 75 percent of the required
recorded readings for that period using only recorded readings that are
based on valid data. The minimum data availability requirement appears
in Sec. 63.2270(f) of today's final rule. To clarify what constitutes
valid data and how to calculate block averages, we rearranged proposed
Sec. Sec. 63.2268 and 63.2270. We moved proposed Sec. 63.2268(a)(3)
and (4) to final Sec. 63.2270 (now Sec. 63.2270(d) and (e)) of
today's final rule. Rather than repeating which data should be excluded
from data averages in Sec. 63.2270(d) and (e), these new sections now
refer to Sec. 63.2270(b) and (c) when discussing data that should not
be included in data averages. We also added data recorded during
periods of SSM to the list of data that should be excluded from data
averages in Sec. 63.2270. We feel these changes to the structure and
wording of the rule should fully address the commenters' concerns.
Comment: Several commenters noted that the proposed PCWP rule does
not provide any alternatives to the definition of a 1-hour period found
in the MACT general provisions (40 CFR 63.2), which states that a 1-
hour period is any 60-minute period commencing on the hour. These
commenters requested that facilities be given the option of beginning a
1-hour period at a time that is convenient depending on shift changes,
employee duties at the end of a shift, and settings on the systems that
record data.
Response: We agree with the commenters and have included a
definition of 1-hour period in today's final rule that omits the phrase
``commencing on the hour.''
8. Performance Specifications for CPMS
Comment: Several commenters requested that we write sections of the
final rule language that address temperature measurement. The
commenters stated that the phrase ``minimum tolerance of 0.75
percent,'' found in proposed sections 63.2268(b)(2), 63.2268(c)(3), and
63.2268(e)(2), should be revised to read ``accurate within 0.75 percent
of sensor range.'' The commenters argued that, because tolerances
usually refer to physical dimensions, this revision more accurately
reflects the intent of the final PCWP rule. Commenters also recommended
that the sensitivity for chart recorders be changed from a sensitivity
in the minor division of at least 20[deg]F to minor divisions of not
more than 20[deg]F. The commenters noted that the wording in the
proposed rule means that minor divisions could be 30[deg]F or 50[deg]F,
but assumed that we probably meant that 20[deg]F is the largest minor
division that a facility can use, and therefore, stated that the
suggested revision is more accurate.
Response: We agree that the proposed temperature measurement
requirements should be clarified. In today's final rule,
[[Page 45982]]
we wrote the requirement in Sec. 63.2269(b)(2) (formerly proposed
Sec. 63.2268(b)(2)) to read ``minimum accuracy of 0.75 percent of the
temperature value.'' We eliminated proposed sections Sec. Sec.
63.2268(c) and 63.2268(e) from the final rule because we removed the
requirements for monitoring of pressure or flow. We also wrote proposed
Sec. 63.2268(b)(3) to state that ``If a chart recorder is used, it
must have a sensitivity with minor divisions of not more than
20[deg]F.''
Comment: Several commenters requested changes to the proposed work
practice requirements for dry rotary dryers and veneer redryers related
to moisture monitoring. The commenters noted that the proposed
requirement to use a moisture monitor with a minimum accuracy of 1
percent was appropriate for rotary dry dryers in the 25 to 35 percent
moisture content range. However, the commenters stated that less
stringent accuracy requirements should be included for veneer redryers
to better correspond with current practices at softwood plywood and
veneer facilities. Specifically, the commenters requested that the
final rule revise the proposed performance specifications for moisture
monitors for veneer redryers to allow the use of monitors with an
accuracy of 3 percent in the 15 to 25 percent moisture
range. Several commenters also requested that the proposed calibration
procedures for moisture monitors be revised in the final rule to
eliminate grab sampling and to allow facilities to follow the
calibration procedures recommended by the manufacturer. The commenters
argued that the proposed grab sampling procedure is impractical and
that obtaining a representative grab sample would be difficult.
Response: We agree with the commenters that the proposed moisture
monitoring requirements should be adjusted in the final rule and have
made the requested changes to the accuracy requirements for moisture
monitors used with rotary dry dryers and veneer redryers. We have also
adjusted the calibration procedures in the final rule to eliminate grab
sampling and to allow facilities to follow the manufacturer's
recommended calibration procedures for moisture monitors.
I. Routine Control Device Maintenance Exemption (RCDME)
Comment: Several commenters requested that the proposed
requirements for the RCDME be modified in the final rule to give PCWP
facilities more flexibility. First, the commenters requested that the
proposed RCDME allowances (expressed as a percentage of the process
unit operating hours) be increased. The commenters argued that the
proposed downtime allowance periods are too short to allow for proper
maintenance. The commenters noted that the NCASI survey that was used
to set the downtime allowance only included data from 1999, and many
facilities may have conducted nonannual maintenance and repairs in the
years preceding or following that year. According to the commenters,
the 1999 survey was also limited in that the majority of the RTO
included in the survey were less than 5 years old, and as the equipment
ages over a lifetime of 5 to 15 years, performance will degrade below
the levels seen in the 1999 survey. Therefore, the commenters suggested
that we reexamine the NCASI downtime data and use the 79th percentile
instead of the 50th percentile to select downtime allowances that
represent the time needed for nonannual events.
Response: After reviewing our previous analysis of the downtime
data, we maintain that the percentage downtime we proposed (3 percent
for some process units and 0.5 percent for others) calculated on an
annual basis is appropriate for the final PCWP rule. The downtime
allowance allowed under the RCDME is intended to allow facilities
limited time to perform routine maintenance on their APCD without
shutting down the process units being controlled by the APCD. We
included the downtime allowance in the proposed rule because we
recognize that frequent maintenance must be performed to combat
particulate and salt buildup in some RTO and RCO for PCWP drying
processes. The downtime allowance is not intended to cover every APCD
maintenance activity, only those maintenance activities that are
routine (e.g., bakeouts, washouts, partial or full media replacements)
and do not coincide with process unit shutdowns. Most APCD maintenance
should occur during process unit shutdowns; the RCDME is a downtime
allowance in addition to the APCD maintenance downtime that occurs
during process unit shutdowns. We note that most PCWP plants do not
operate 8,760 hours per year without shutdowns. For example, the MACT
survey responses indicate that softwood plywood plants operate for an
average 7,540 hours per year, which would allow 1,220 hours for control
device maintenance without the RCDME. Furthermore, the RCDME is allowed
in addition to APCD downtime associated with SSM events covered by the
SSM plan (e.g., electrical problems, mechanical problems, utility
supply problems, and pre-filter upsets). For these reasons, the final
rule retains the RCDME allowances included in the proposed rule.
Comment: Several commenters objected to the proposed requirement
that the maintenance be scheduled at the beginning of the semiannual
period. The commenters argued that scheduling maintenance activities at
the beginning of each semiannual period is neither consistent with
industry practice nor practical. The commenters noted that downtime for
maintenance is scheduled as the need arises, and downtime schedules
change with need and production requirements. The commenters stated
that most facilities have a general idea of when they intend to conduct
routine maintenance activities and will schedule those activities
whenever possible to coincide with process downtime as it approaches.
The commenters further noted that the proposed PCWP rule does not
clarify what would happen if maintenance were necessary before the
scheduled date. Therefore, the commenters concluded that deleting the
requirement to set the maintenance schedule at the beginning of each
semiannual period would eliminate confusion and better represent
industry practice.
Response: We agree with the commenters and have removed the
requirement to record the control device maintenance schedule for the
semiannual period from the final rule. We agree that the proposed
requirement would be impractical because process unit shutdowns are not
scheduled semiannually. Also, the SSM provisions do not require
scheduling of maintenance, and therefore, requiring scheduling of
routine maintenance covered under the RCDME would be more restrictive
than the requirements for SSM. To the extent possible, APCD maintenance
should be scheduled at the same time as process unit shutdowns. Thus,
today's final rule retains the requirement that startup and shutdown of
emission control systems must be scheduled during times when process
equipment is also shut down.
Comment: Commenters also requested that the proposed RCDME
requirement that facilities must minimize emissions to the greatest
extent possible during maintenance periods be revised to require that
facilities make reasonable efforts to minimize emissions during
maintenance. The commenters stated that this revision is necessary
because the proposed wording could be interpreted to mean that sources
should limit production or shut down entirely
[[Page 45983]]
during maintenance periods, which is contrary to the intent of the
RCDME.
Response: We agree with the commenters and have modified the
referenced requirement as suggested by the commenters.
J. Startup, Shutdown, and Malfunction (SSM)
Comment: Several commenters noted inconsistencies between the
proposed rule and the NESHAP General Provisions (40 CFR part 63,
subpart A) and requested that these inconsistencies be resolved by
making the final PCWP rule consistent with the latest version of the
General Provisions.
Response: Approximately 1 month prior to publication of the
proposed PCWP rule, we published proposed amendments to the NESHAP
General Provisions concerning SSM procedures (67 FR 72875, December 9,
2002) and promulgated them in May 2003 (68 FR 32585, May 30, 2003). Due
to the timing of the these rulemakings, the proposed PCWP rule language
did not reflect our most recent decisions regarding SSM. To avoid
confusion and promote consistency, we have written the final rule to
reference the NESHAP General Provisions directly, where applicable, and
to be more consistent with other recently promulgated MACT standards.
Although the amendments to the NESHAP General Provisions regarding SSM
plans are currently involved in litigation, the rule requirements
promulgated on May 30, 2003, apply to the final PCWP NESHAP unless and
until we promulgate another revision. In response to suggestions made
by commenters, we also consolidated several sections to clarify the
requirements related to SSM and to eliminate redundancies in the final
rule. Specifically, we combined proposed Sec. 63.2250(d) with proposed
Sec. 63.2250(a) and revised the resulting Sec. 63.2250(a) to clarify
that the SSM periods mentioned in proposed Sec. 63.2250(a) apply to
both process units and control devices and to clarify when the
compliance options, operating requirements, and work practice
requirements do and do not apply. We also removed proposed Sec.
63.2250(e) from the final rule because it was a duplication of proposed
Sec. 63.2251(e) regarding control device maintenance schedules. In
addition, we removed proposed Sec. 63.2250(f) related to RCO catalyst
maintenance because this section was misplaced and is not consistent
with the RCO monitoring requirements in today's final rule.
K. Risk-Based Approaches
1. General Comments
Risk-Based Approaches
Comment: Numerous commenters encouraged EPA to incorporate risk-
based options which would exclude facilities that pose no significant
risk to public health or the environment. Commenters stated that
inclusion of risk provisions has the potential to achieve overall
environmentally superior results in a cost-effective manner,
particularly in cases where criteria pollutants from control devices
(i.e., incinerators) may result in greater impacts that the HAP
emissions that they control. In particular, the commenter referred to
EPA's projection that adoption of MACT floor level controls would
result in increased emissions of NOX, a precursor to ozone
and PM. According to the commenter, the proposed rule (without risk
provisions) would work against the industry's voluntary commitment to
reduce the emissions of greenhouse gases by 12 percent over the next 10
years. The commenter concluded that, in its proposed form, the rule
would impose significant additional cost with virtually no gain to
either the environment or the health. The commenter stated that
facilities wishing to take advantage of the risk-based exemption would
take a federally-enforceable permit limit that would guarantee that
their emissions remain below the risk-based emission standard. This
would constitute an emission limitation, within the statutory
definition of the term, and it would allow facilities to forego the
installation of incinerators where they are not warranted by public
health and environmental considerations, the commenter claimed.
Some commenters argued that the risk-based options are legally
justified, protective of human health and the environment, and
economically sensible. These commenters stated that the risk-based
options are supported under the CAA, through EPA's authority under
sections 112(d)(4) and 112(c)(9) to set emission standards other than
MACT for certain low-risk facilities and delist technology-defined low-
risk subcategories, respectively, and through what they claimed is
EPA's inherent de minimis authority to avoid undertaking regulatory
action in the absence of meaningful risk. One commenter pointed out
that, by meeting the stringent health benchmarks necessary to qualify
for the risk-based compliance approaches, facilities already would have
satisfied the residual risk provisions 8 years ahead of the statutory
requirements set forth in section 112(f) of the CAA.
Two commenters believed that the risk-based approach would
particularly benefit small mills located in rural areas with timber-
dependent economies. One commenter stated that, by offering
manufacturers an opportunity to apply for subcategorization on a site-
specific basis, facilities that are remotely located, or which were
originally planned and sited with thorough consideration of airshed
impacts, would not be unduly burdened with MACT requirements which
yield little or no public health benefits.
Some commenters argued that such low-risk facilities should not be
burdened with the requirements of MACT. One commenter noted that the
regulatory framework exists within their State to implement a risk-
based approach. Another commenter agreed with the concept of a risk-
based approach but stated that it would not be appropriate for State
and local programs to determine which facilities should be exempted
from MACT. Another commenter suggested that exemptions be provided on a
case-by-case basis to individual facilities that are able to
demonstrate that they pose no significant risk to public health or the
environment.
Several commenters opposed the risk-based exemptions. Two
commenters stated that the use of risk-based concepts to evade MACT
applicability is contrary to the intent of the CAA and is based on a
flawed interpretation of section 112(d)(4) written by an industry
subject to regulation. One commenter added that the CAA requires a
technology-based floor level of control and does not provide exclusions
for risk or secondary impacts in applying the MACT floor. The other
commenter was concerned about industry's unprecedented proposal to
include de minimis exemptions and cost in the MACT standard process.
The commenter stated that including case-by-case risk-based exemptions
would jeopardize the effectiveness of the national air toxics program
to adequately protect public health and the environment and to
establish a level playing field. A third commenter noted that
subcategorization and source category deletions under CAA section
112(c) have been implemented several times since the MACT program
began.
Some commenters pointed out that they have not been able to comment
on the technical merit of the risk analysis employed by the EPA. They
argued that, until the residual risk analysis procedures have been
implemented via the CAA section 112(f) process, risk
[[Page 45984]]
analysis should not be used in making MACT determinations pursuant to
CAA section 112(d)(4). Also, risk analysis could never be used to
establish a MACT floor.
One commenter pointed out that, in separate rulemakings and
lawsuits, EPA adopted legal positions and policies that they claimed
refute and contradict the very risk-based and cost-based approaches
contained in the proposal. In these other arenas, EPA properly rejected
risk assessment to alter the establishment of MACT standards. The EPA
also properly rejected cost in determining MACT floors and in denying a
basis for avoiding the MACT floor.
Response: We feel that the assertions by one commenter about the
environmental disbenefits of the PCWP rule as proposed are overstated.
We disagree that the PCWP industry as a whole poses a small-to-
insignificant risk to human health and the environment. However, we
acknowledge that there are some PCWP affected sources that pose little
risk to human health and the environment. Consequently, we have
included an option in today's final PCWP rule that would allow
individual affected sources to be found eligible for membership in a
delisted low-risk subcategory if they demonstrate that they do not pose
a significant risk to human health or the environment. The low-risk
subcategory delisting in today's final PCWP rule is based on our
authority under CAA sections 112(c)(1) and (9). The statute requires
that categories or subcategories meet specific risk criteria in order
to be delisted. To determine whether source categories and
subcategories, and their constituent sources, meet these criteria, risk
analyses may be used. We disagree with the commenter that we must wait
for implementation of CAA section 112(f) before utilizing risk analysis
in this manner. Section 112(d)(1) of the CAA gives us the authority to
distinguish among classes, types, and sizes of sources within a
category, and CAA section 112(c)(1) does not restrict our authority to
base categories and subcategories on other appropriate criteria. As
discussed in more detail elsewhere in this notice, we feel these
provisions of the CAA allow us to define a subcategory of sources in
terms of risk. Thus, the low-risk subcategory of PCWP affected sources
is defined in terms of risk, not cost. We are not subcategorizing or
determining MACT floors based on cost. Furthermore, because most
affected sources will make their low-risk demonstrations following
promulgation of today's final PCWP rule, the MACT level of emissions
reduction required by today's final rule is not affected by affected
sources becoming part of the low-risk subcategory.
We are not pursuing the risk-based exemptions based on CAA section
112(d)(4). We do not feel that a risk-based approach based on section
112(d)(4) is appropriate for the PCWP industry because PCWP facilities
emit HAP for which no health thresholds have been established and
because the legislative history of the 1990 Amendments to the CAA
indicates that Congress considered and rejected allowing us to grant
such source-specific exemptions from the MACT floor. We also are not
relying on de minimis authority. Legal issues associated with the risk-
based provisions are addressed elsewhere in this preamble.
In today's final PCWP rule, we are identifying the criteria we will
use to identify low-risk PCWP affected sources and requesting that any
candidate affected sources, in addition to the affected sources already
identified as low risk in today's action, submit information to us
based on those criteria so that we can evaluate whether they might be
low-risk. Today's final PCWP rule also establishes a low-risk PCWP
subcategory based on the criteria (and including several identified
affected sources) and delists the subcategory based on our finding that
no source that would be eligible to be included in the subcategory
based on our adopted criteria emits HAP at levels that exceed the
thresholds specified in section 112(c)(9)(B) of the CAA. To be found
eligible to be included in the delisted source category, affected
sources will have to demonstrate to us that they meet the criteria
established by today's final PCWP rule and assume federally enforceable
limitations that ensure their HAP emissions do not subsequently
increase to exceed levels reflected in their eligibility
demonstrations.
The criteria defining the low-risk subcategory of PCWP affected
sources are included in appendix B to subpart DDDD of 40 CFR part 63.
The criteria in the appendix were developed for and apply only to the
PCWP industry and are not applicable to other industries. Today's final
PCWP rule provides two ways that an affected source may demonstrate
that it is part of the low-risk subcategory of PCWP affected sources.
First, look-up tables allow affected sources to determine, using a
limited number of site-specific input parameters, whether emissions
from their sources might cause a hazard index (HI) limit for
noncarcinogens or a cancer benchmark of one in a million to be
exceeded. Second, a site-specific modeling approach can be used by
those affected sources that cannot demonstrate that they are part of
the low-risk subcategory using the look-up tables.
The low-risk subcategory delisting that is included in today's
final PCWP rule is intended to avoid imposing unnecessary controls on
affected sources that pose little risk to human health or the
environment. Facilities will have to select controls or other methods
of limiting risk and then demonstrate, using appendix B to subpart DDDD
of 40 CFR part 63 and other analytical tools, such as the ``Air Toxics
Risk Assessment Reference Library,'' if appropriate in a source's case,
that their emissions qualify them to be included in the low-risk
subcategory, and, therefore, to not be subject to the MACT compliance
options included in today's final PCWP rule.
Comment: Several commenters objected to EPA using the preambles of
individual rule proposals as the forum for introducing significant
changes in the way that MACT standards are established. The commenter
believed that allowing risk-based exemptions requires statutory
changes. A third commenter expressed concern that other parties may
miss commenting on the risk-based exemptions because they are contained
within six separate proposals. The commenter added that to give the
issue full consideration, the risk provisions should not be adopted
within any of the final rules but should be addressed in one place,
such as in revisions to the General Provisions of 40 CFR part 63,
subpart A.
Response: The discussion of risk-based provisions in MACT was
included in individual proposals for several reasons. First, we
recognize that such provisions might only be appropriate for certain
source categories, and our decision-making process required source
category-specific input from stakeholders. Second, the 10-year MACT
standards, which are now being completed, are the last group of MACT
standards currently planned for development, and for any risk
provisions to be useful, the provisions must be finalized in a timely
manner. We do not agree that statutory changes are necessary because of
the discretion provided to the Administrator under CAA section
112(d)(1) to distinguish among classes, types, and sizes of sources
within a category and under CAA section 112(c)(1) to base categories
and subcategories on any appropriate criteria. We consider low-risk
affected
[[Page 45985]]
sources to be an appropriate subcategory of sources within the PCWP
source category.
Comment: Several commenters stated that the risk-based exemption
proposal removes the level playing field that would result from the
proper implementation of technology-based MACT standards. According to
the commenters, establishing a baseline level of control is essential
to prevent industry from moving to areas of the country that have the
least stringent air toxics programs, which was one of the primary goals
of developing a uniform national air toxics program under section 112
of the 1990 CAA amendments. The commenters argued that risk-based
approaches would jeopardize future reductions of HAP in a uniform and
consistent manner across the nation. One commenter stated that National
Air Toxics Assessment (NATA) data show that virtually no area of the
country has escaped measurable concentrations of toxic air pollution.
The NATA information indicates that exposure to air toxics is high in
both densely populated and remote rural areas.
One commenter disagreed with the assertion that the level playing
field would be removed. The commenter pointed out that the argument
that EPA should impose unnecessary and potentially environmentally
damaging controls for the sole purpose of equalizing control costs
across facilities would be at odds with the stated purpose of the CAA.
According to the commenter, the claim that the risk-based approach
would favor facilities located away from population centers is
incorrect. As contemplated, the risk-based approaches to the NESHAP
would be keyed to the comparison of health benchmarks with reasonable
maximum chronic and acute exposures. According to the commenter, the
presence or absence of human populations would have no effect on
whether facilities would qualify.
Response: We agree that one of the primary goals of developing a
uniform national air toxics program under section 112 of the 1990 CAA
amendments was to establish a level playing field. We do not feel that
defining a low-risk subcategory in today's final PCWP rule does
anything to remove the level playing field for PCWP facilities. Today's
final PCWP rule and its criteria for demonstrating eligibility for the
delisted low-risk subcategory apply uniformly to all PCWP facilities
across the nation. Today's final PCWP rule establishes a baseline level
of emission reduction or a baseline level of risk (for the low-risk
subcategory). All PCWP affected sources are subject to these same
baseline levels, and all facilities have the same opportunity to
demonstrate that they are part of the delisted low-risk subcategory.
The criteria for the low-risk subcategory are not dependent on local
air toxics programs. Therefore, concerns regarding facilities moving to
areas of the country with less-stringent air toxics programs should be
alleviated.
Although NATA may show measurable concentrations of toxic air
pollution across the country, these data do not suggest that PCWP
facilities that do not contribute to the high exposures and risk should
be included in MACT regulations, notwithstanding our authority under
CAA section 112(c)(9).
Comment: One commenter stated that the dockets for the MACT
proposals that contain the risk approaches make it clear that the White
House Office of Management and Budget (OMB) and industry were the
driving forces behind the appearance of these unlawful approaches in
EPA's proposals. The commenter condemned the industry-driven agenda
that it claimed is being promoted by the White House OMB.
A second commenter stated that the accusations that EPA succumbed
to industry lobbying and internal pressures are entirely unfounded.
Response: We are required by Executive Order 12866 to submit to OMB
for review all proposed and final rulemaking packages that would have
an annual effect on the economy of $100 million or more. The comments
we received from OMB reflect their position that low-risk facilities do
not warrant regulation. However, the commenter is incorrect in implying
that we have not exercised our independent judgment in addressing these
issues. Our rationale for adopting the risk-based approach in this PCWP
rulemaking is that such an approach is fully authorized under the CAA.
This rule reflects the EPA Administrator's appropriate use of
discretion to use CAA section 112(c)(9) to delist a low-risk
subcategory.
Effects on MACT Program
Comment: Several commenters expressed concern about the impact of a
risk-based approach on the MACT program. Some commenters stated that
the proposal to include risk-based exemptions is contrary to the 1990
CAA Amendments, which calls for MACT standards based on technology
rather than risk as a first step. The commenters pointed out that
Congress incorporated the residual risk program under CAA section
112(f) to follow the MACT standards, not to replace them. One commenter
added that risk-based approaches would be used separately to augment
and improve technology-based standards that do not adequately provide
protection to the public.
Another commenter believed that CAA section 112(d)(4) and the
regulatory precedent established in over 80 MACT standards reject the
inclusion of risk in the first phase of the MACT standards process. The
commenter argued that the use of risk assessment at this stage of the
MACT program is, in fact, directly opposed to title III of the CAA.
Response: We disagree that inclusion of a low-risk subcategory in
today's final PCWP rule is contrary to the 1990 CAA Amendments. The
PCWP MACT rule is a technology-based standard developed using the
procedures dictated by section 112 of the CAA. The only difference
between today's final PCWP rule and other MACT rules is that we used
our discretion under CAA sections 112(c)(1) and (9) to subcategorize
and delist low-risk affected sources, in addition to fulfilling our
duties under CAA section 112(d) to set MACT. The CAA requires that
categories or subcategories meet specific risk criteria, and to
determine this, risk analyses may be used. We disagree with the
commenter that we must wait for implementation of CAA section 112(f)
before utilizing risk analysis in this manner. We feel that today's
final PCWP rule is particularly well-suited for a risk-based option
because of the specific pollutants that are emitted by PCWP sources.
For many affected sources, the pollutants are emitted in amounts that
pose little risk to the surrounding population. However, the cost of
controlling these pollutants is high, and may not be justified by
environmental benefits for these low-risk affected sources. Only those
PCWP affected sources that demonstrate that they are low risk are
eligible for inclusion in the delisted low-risk subcategory. The
criteria included in today's final PCWP rule defining the delisted low-
risk subcategory are based on sufficient information to develop health-
protective estimates of risk and will provide ample protection of human
health and the environment.
Inclusion of a low-risk subcategory in today's final PCWP rule does
not alter the MACT program or affect the schedule for promulgation of
the remaining MACT standards. We recognize that such provisions are
only appropriate for certain source categories, and our decision-making
process required source category-specific input from stakeholders. The
10-year MACT standards, which are now being completed, are the last
group
[[Page 45986]]
of MACT standards currently planned for development, and for any risk
provisions to be useful, the provisions must be finalized in a timely
manner.
Comment: Several commenters stated that the inclusion of a risk-
based approach would delay the MACT program and/or promulgation of the
PCWP MACT standard. If the proposed approaches are inserted into
upcoming standards, the commenters feared the MACT program (which is
already far behind schedule) would be further delayed.
One commenter stated that they were strongly opposed to returning
to the morass of risk-based analysis in an attempt to preempt the
application of technology-based MACT standards and exempt facilities.
The commenter stated that designing a risk-based analysis procedure
would also take significant resources, as evidenced by the fact that it
took five plus pages in the Federal Register to discuss just the basic
issues to be considered in the analysis. The commenter indicated that
the demand on government resources could cause a delay in the
application of MACT nationwide. The commenter stated that EPA should
also consider the issue of fairness since the rest of the industrial
sector whose NESHAP have already been promulgated did not have a risk-
based option.
Another commenter stated that it is evident that the proposed risk-
based exemptions would require extensive debate and review in order to
launch, which would further delay promulgation of the remaining MACT
standards. The commenter stated that delays could be exacerbated by
litigation following legal challenges to the rules, and such delays
would trigger the CAA section 112(j) MACT hammer provision, which would
unnecessarily burden the State and local agencies and the industries.
The commenter concluded that, obviously, further delay is unacceptable.
Another commenter agreed, stating that it is imperative that EPA meet
the new deadlines for promulgating the final MACT standards.
Two commenters stated that EPA's proposal to improperly incorporate
risk assessment into the technology-based standard process would
cripple a MACT program already in disarray. The commenters argued that
the risk-based approach could exacerbate the delay in HAP emissions
reductions required by CAA section 112. One commenter noted that EPA's
Office of Inspector General recently found that EPA is nearly 2 years
behind in fulfilling its statutory responsibilities for implementing
Phase 1 MACT standards. According to the commenter, this delay
potentially harms the public and environment. The inclusion of risk-
based exemptions in 10-year MACT standards would only further delay
this process. The other commenter noted that EPA lacks adequate
emissions and exposure data, source characterization data, and health
and ecological effects information to conduct this process anyway. This
commenter believed that the air toxics program is flawed and failing to
protect public health and the environment and argued that it was
irresponsible for EPA to pursue a deregulatory agenda that would
further weaken the effectiveness of the air toxics program. The
commenter noted that EPA acknowledged the complexity and delays
associated with the proposed risk-based approaches in deciding not to
adopt the approaches in the final BSCP rule.
Response: We disagree that identification and delisting of a low-
risk subcategory in today's final PCWP rule will alter the MACT program
or affect the schedule for promulgation of the remaining MACT
standards, especially the PCWP MACT rule. In fact, it has not caused
such a delay for the final rule. We do not anticipate any further
delays in completing the remaining MACT standards. The delisting of a
low-risk subcategory in today's final PCWP rule affects only the PCWP
rule, and not any other MACT standards.
We feel that the final PCWP rule is particularly well-suited for a
risk-based option because of the specific pollutants that are emitted.
For many affected sources, the pollutants are emitted in amounts that
pose little risk to the surrounding population. However, the cost of
controlling these pollutants is high and may not be justified by
environmental benefits for these low-risk facilities. Only those PCWP
affected sources that demonstrate that they are low risk are eligible
for inclusion in the delisted low-risk subcategory. The criteria
defining the delisted low-risk subcategory are based on sufficient
information to develop health-protective estimates of risk and will
provide ample protection of human health and the environment.
The final PCWP NESHAP is being promulgated by the February 2004
court-ordered deadline. Any delays in implementation of the final PCWP
NESHAP caused by legal challenges, which could and often do occur for
any MACT standard we promulgate without a risk-based approach, are
beyond our control.
2. Legal Authority
Section 112(d)(4) of the CAA
Comment: We received multiple comments stating that CAA section
112(d)(4) provides EPA with authority to exclude sources that emit
threshold pollutants from regulation. We also received multiple
comments disagreeing that CAA section 112(d)(4) can be interpreted to
allow exemptions for individual sources. Several commenters supported
the use of a CAA section 112(d)(4) applicability cutoffs for both
threshold and non-threshold pollutants.
Response: We feel that section 112(d)(4) does not give us the
authority to exempt affected sources or emission points from MACT
limitations on non-threshold pollutant emissions. All PCWP facilities
emit carcinogens (e.g., formaldehyde), that are currently considered
non-threshold pollutants. Therefore, we are not using section 112(d)(4)
authority to create risk-based options for PCWP.
We are not setting a risk-based emission limit, but, rather, we are
using our CAA section 112(c)(9) authority to delist affected sources
that demonstrate they meet the risk and hazard criteria for being
included in this low-risk subcategory.
De minimis
Comment: Some commenters attempted to identify a source of
authority for risk-based approaches under the de minimis doctrine
articulated by appellate courts. The commenters cited case law which
they believe holds EPA may exempt de minimis sources of risk from MACT-
level controls because the mandate of CAA section 112 is not
extraordinarily rigid and the exemption is consistent with the CAA's
health-protective purpose. The commenters argued that CAA sections
112(c)(9) and 112(f)(2) indicate that Congress considered a cancer risk
below one in a million to be de minimis and, therefore, insufficient to
justify regulation under section 112. The commenters stated that EPA's
exercise of de minimis authority has withstood judicial challenge, and
that application of de minimis authority is based on the degree of risk
at issue, not on the mass of emissions to be regulated.
Other commenters argued that de minimis authority does not exist to
create MACT exemptions on a facility-by-facility or category-wide
basis. The commenters stated that EPA lacks de minimis authority to
delist subcategories based on risk. The commenters further noted that
EPA has not revealed any administrative record
[[Page 45987]]
justifying a de minimis exemption, to demonstrate that compliance with
MACT would yield a gain of trivial or no value.
Response: We are not relying on de minimis principles for today's
action, and therefore, do not need to respond to these comments.
Section 112(c)(9) of the CAA
Comment: Two commenters opposed using subcategorization as a
mechanism to exempt facilities. One of the commenters stated that
subcategorization is a tool that should be used in the standard setting
process, and using it to exempt facilities would have a detrimental
effect on the stringency of the MACT floor and would generally degrade
the standard. According to the commenter, the two-step
subcategorization proposal is inconsistent with how subcategorization
has been done in numerous previous NESHAP.
The other commenter argued that EPA's subcategorization theories
are unlawful. According to the commenter, CAA section 112(c)(9) does
not authorize EPA to separate identical pollution sources into
subcategories that are regulated differently to weed out low-risk
facilities or reduce the scope/cost of the standard. The commenter
stated that subcategories based solely on risk do not bear a reasonable
relationship to Congress' technology-based approach or the statutory
structure and purposes of CAA section 112, and are not authorized by
the CAA. According to the commenter, categories and subcategories are
required to be consistent with the categories of stationary sources in
CAA section 111. The commenter was not aware of any instance in which
EPA has established categories or subcategories based on risk. The
commenter stated that EPA routinely defines subcategories based on
equipment characteristics (e.g., technical differences in emissions
characteristics, processes, control device applicability, or
opportunities for P2). According to the commenter, EPA has not offered
any explanation for why reinterpreting the statute to ignore nearly 12
years of settled practices and expectations under the MACT program is
reasonable, nor why reducing the applicability of HAP emission
standards serves Congress's goals in enacting the 1990 CAA Amendments.
The commenter noted that EPA's discussion of the risk-based
exemptions was contained in a preamble section entitled, ``Can We
Achieve the Goals of the Proposed Rule in a Less Costly Manner,'' which
strongly suggests that EPA's motivation for considering these risk-
based approaches is consideration of cost. The commenter cited prior
EPA documentation and stated that EPA in the past has rejected the
notion that cost should influence MACT determination, and this prior,
consistently applied interpretation better serves the purposes of CAA
section 112. The commenter argued that subcategorizing to set a no-
control MACT floor is the same as refusing to set a MACT standard
because the benefits would be negligible, which is unlawful.
The commenter also stated that CAA section 112(c)(9)(B)(i) does not
authorize EPA to delist subcategories. According to the commenter,
section 112(c)(9)(B) contains two subsections: subsection (i) refers
only to categories, and subsection (ii) refers to both categories and
subcategories. The commenter argued that the absence of the term
``subcategories'' in section 112(c)(9)(B)(i) indicates a Congressional
choice not to permit the Administrator to delist subcategories of
sources under section 112(c)(9)(B). The commenter stated that this is
consistent with Congress' decision to require a higher standard to
delist categories that emit carcinogens. According to the commenter,
the section 112(c)(9)(B)(ii) requirement of less than one in a million
lifetime cancer risk for the most exposed individual is a higher and
more specific standard than the standard for other HAP.
To the contrary, two commenters stated that EPA has ample authority
under CAA sections 112(c)(1) and 112(c)(9) to create and delist low-
risk categories or subcategories. According to the commenters, section
112(c)(1) provides the Administrator with significant flexibility to
create categories and subcategories as needed to implement CAA section
112. One commenter stated that there is nothing in the statute that
limits the criteria the Administrator can use in establishing
categories and subcategories. The commenter added that there is also
nothing in the history of EPA's interpretation of section 112(c) that
precludes subcategorization based on risk. In addition, EPA has stated
that emission characteristics are factors to be considered when
defining categories.
The commenter stated that application of statutory authority to
exclude sources from regulation under section 112(d)(3) is also
supported by relevant case law, e.g., in the Vinyl Chloride case. (NRDC
v. EPA, 824 F.2D 1126 (D.C. Cir. 1987)) According to the commenter, the
court in that case established a range of acceptable levels of risk in
establishing limits under prior language in section 112, and the
establishment of an acceptable level of risk could be used to create a
low-risk subcategory that could be delisted. The commenter stated that
technological or operational differences among sources may also help
discriminate between low-risk and high-risk sources. The commenter
stated that effective use of section 112(c)(1) authority to create
risk-based subcategories would significantly improve the cost-
effectiveness of the section 112 program without undermining its role
in protecting public health and the environment.
Both commenters noted that CAA section 112(c)(9)(B) provides EPA
with broad authority to remove from MACT applicability those categories
and subcategories of facilities whose HAP emissions are sufficiently
low as to demonstrate a cancer risk less than one in a million to the
most exposed individual in the population (for non-threshold
carcinogens) and no adverse environmental or public health effect (for
threshold HAP). (The commenter asserted that Congress used the terms
category and subcategory interchangeably, indicating that either one
can be delisted.) One commenter suggested that sources able to
demonstrate a basis for inclusion in the delisted category on a case-
by-case basis would then be exempted from the MACT, subject to possible
federally-enforceable conditions designed by EPA. The commenter stated
that the new category could include the following: all low-risk
facilities, facilities producing wood products found to pose no
expected risk to human health (i.e., fiberboard, medium density
fiberboard and plywood), facilities with acrolein emissions below a
certain threshold, or facilities selected on the basis of some other
risk criterion. The commenter suggested that the low-risk category be
included in the final rule and delisted within 6 months following
publication of the final rule. The delisting notices would designate
health benchmarks and facilities would be required to submit evidence
(e.g., tiered dispersion modeling) demonstrating that their emissions
result in exposures that fall below the benchmarks. Following delisting
of the category, an affected source could apply to EPA for a
determination that it qualifies for inclusion in the low-risk category.
After evaluating the source's petition, EPA would issue a written
determination of applicability based on the petition that would be
binding on the permitting authority (unless the petition was found to
contain significant errors or omissions) and appealable by the affected
source or interested parties.
[[Page 45988]]
The EPA could require all facilities that qualify for inclusion in the
delisted category to comply with federally-enforceable conditions,
similar to the conditions established in permits for synthetic minor
sources (e.g., limits on potential to emit, production limits).
The commenter also responded to objections regarding the
subcategorization and delisting of low-risk facilities. The commenter
stated that the contrasting of the terms category and subcategory
offered a distinction that in no way limited EPA's authority to delist
low-risk facilities. According to the commenter, the argument that EPA
cannot create subcategories based on risk is contradicted by the
statutory language, which expressly states that the categories and
subcategories EPA creates under CAA section 112 need not match those
created under CAA section 111. Furthermore, prior EPA statements do
nothing to detract from EPA's broad discretion to establish categories
and subcategories. The subcategorization factors previously discussed
by EPA justify subcategorization based on risk. The authority cited by
one commenter does not establish that EPA's discretion to alter
subcategorization is limited in any way, and even if it were, EPA is
not bound by any prior position. The arguments that EPA may not delist
subcategories for carcinogens (or sources emitting carcinogens) rest on
a formalistic distinction that EPA previously has rejected as
meaningless, and that, at any rate, can be remedied with a simple
recasting of a subcategory as a category. The commenter stated that
doing so is undisputedly within EPA's authority.
Three commenters addressed the issue of subcategorizing PCWP
facilities based on characteristics other than risk. One commenter
stated that the only option that appears consistent with the CAA, does
not create excessive work for State and local agencies, and may be able
to be based on science, is the subcategorization and delisting
approach. However, the commenter added that the subcategories should be
based on equipment or fuel use, not risk. The commenter stated that a
subcategory based on site-specific risk creates a circular definition
and does not make sense. The commenter also stated that subcategory
delisting should occur before the compliance date so that facilities do
not put off compliance in the hope or anticipation of delisting.
The second commenter stated that EPA requested comment on the
establishment of PCWP subcategories ostensibly based on physical and
operational characteristics, but in reality based on risk. According to
the commenter, this indirect approach is just a variation on the
approach (direct reliance on risk) that it claims EPA itself notes
would disrupt and weaken establishment of MACT floors, and is
accordingly unlawful. The commenter stated that, even if these
approaches were lawful, to the extent that EPA's proposal could be read
to suggest that facilities could be allowed to become part of the
allegedly low-risk subcategory in the future without additional EPA
rulemaking, this too would be unlawful. According to the commenter, CAA
section 112(c)(9) provides the EPA Administrator alone the authority to
make delisting determinations, and such authority may not be delegated
to other government authorities or private parties. The commenter
stated that EPA's proposal suggests an approach entirely backward from
the statute-allowing sources to demonstrate after-the-fact that they
belong in a subcategory that has been delisted under section 112(c)(9),
when the statute requires that EPA determine that no source in the
category emits cancer-causing HAP above specified levels, or that no
source in the category or subcategory emit non-carcinogenic HAP above
specified levels, by the time EPA establishes the standard. The
commenter stated that EPA has provided no explanation of how the
suggested approaches would be lawful or workable.
The third commenter indicated that low risk is an adequate and
appropriate criterion for categorization. The commenter disagreed that
EPA should create and delist categories on a technology basis when the
intent is delisting of low-risk facilities. The commenter believed that
seeking a technology-based surrogate for risk is unnecessary within the
statutory framework. The commenter noted that the Congressional intent
was ``to avoid regulatory costs which would be without public health
benefit.'' (S. Rep. No. 228, 101st Cong., 1st. Sess. 175-6 (1990))
Nevertheless, the commenter described some technology-based criteria
that they believed could be used to develop low-risk groups of PCWP
facilities.
Four commenters addressed the impact that creation of a low-risk
subcategory under CAA section 112(c)(9) could have on the establishment
of MACT floors for the PCWP category. Two commenters argued that such
subcategorization would have a negative effect. One commenter stated
that this situation provided a valid reason for EPA not to mix risk-
based and technology-based standards development. The commenter added
that EPA also did not address how the ``once in, always in'' policy
would apply in such a situation. The other commenter stated that this
situation was another compelling reason why the suggested section
112(c)(9) subcategorization approach was unlawful and arbitrary. The
commenter stated that the flaw was so obvious, inherent, and contrary
to the MACT floor provisions of CAA section 112 and its legislative
history, that it proves the undoing of the suggested section 112(c)(9)
exemption. According to the commenter, EPA cannot simultaneously
exercise its source category delisting authority consistent with
section 112(c)(9), establish appropriate MACT floors under CAA section
112(d), and establish subcategory exemptions in the manner suggested by
EPA, because the latter approach contravenes both section 112(c)(9) and
the section 112(d) floor-setting process. The commenter stated that CAA
section 112's major source thresholds and statutory deadlines make
clear that sources meeting MACT by the time EPA is required to issue
MACT standards must install MACT controls and may not subsequently
throw them off or be relieved from meeting the MACT-level standards.
While the CAA section 112(f) residual risk process allows EPA to
establish more stringent emissions standards, there is nothing in the
CAA that suggests EPA possesses authority to relax promulgated MACT
standards.
The third commenter indicated that dilution of the MACT floor would
not occur if low-risk category delisting occurred as follows: (1)
Propose low-risk category with final PCWP rule, (2) promulgate low-risk
category 6 months after proposal, and (3) delist facilities prior to
MACT compliance deadline. If EPA issued the final PCWP rule-thereby
setting the MACT floor-before it allowed affected sources to apply for
inclusion in the low-risk category to be delisted, then every affected
source would be considered in the establishment of the MACT floor.
Thus, as a result of this timing, the MACT floor could not be diluted
because no sources would be exempted from MACT before the MACT floor is
set.
The fourth commenter believed that a MACT floor reevaluation would
be appropriate and would further ensure that only facilities posing
significant risk are required to install expensive controls.
Response: We feel that establishing a low-risk PCWP subcategory
under CAA section 112(c)(1) and deleting that subcategory under CAA
section 112(c)(9) best balances Congress' dual
[[Page 45989]]
concerns that categories and subcategories of major sources of HAP be
subject to technology-based (and possible future risk-based) emission
standards, but that undue burdens not be placed on groups of sources
within the PCWP source category whose HAP emissions are demonstrated to
present little risk to public health and the environment. We do not
contend that the CAA specifically directs us to establish categories
and subcategories of HAP sources based on risk, and we recognize that,
at the time of the 1990 CAA Amendments, Congress may have assumed that
we would generally base categories and subcategories on the traditional
technological, process, output, and product factors that had been
considered under CAA section 111. However, when properly considered, it
becomes apparent that Congress did not intend the unduly restrictive-
and consequently over-regulatory-reading of the CAA that some
commenters urge regarding low-risk PCWP facilities.
Numerous CAA section 112 provisions evidence Congress' intent that
we be able to find that sources, such as those in the PCWP category
whose HAP emissions are below identified risk levels, should not
necessarily be subject to MACT. These provisions, together with other
indications of Congressional intent regarding the goals of section 112,
must all be considered in determining whether we may base a PCWP
subcategory on risk and delist that group of sources, without requiring
additional HAP regulation that would be redundant for purposes of
meeting Congress' risk-based goals.
While it is true that CAA section 112(c)(1) provides that ``[t]o
the extent practicable, the categories and subcategories listed under
this subsection shall be consistent with the list of source categories
established pursuant to section 111 and part C[,]'' the provision also
states that ``[n]othing in the preceding sentence limits the
Administrator's authority to establish subcategories under this
section, as appropriate.'' Therefore, by its plain terms, section
112(c)(1) does not preclude basing subcategories on criteria other than
those traditionally used under section 111 before 1990, or those used
after 1990 for sections 111 and 112. Moreover, while after 1990 we have
principally used the traditional criteria to define categories and
subcategories, such use in general does not restrict how we may define
a subcategory in a specific case, ``as appropriate,'' since each HAP-
emitting industry presents its own unique situation and factors to be
considered. (See, e.g., Sierra Club v. EPA, D.C. Cir. No. 02-1253, 2004
U.S. App. LEXIS 348 (decided Jan. 13, 2004).)
Even assuming for argument that the language of section 112(c)(1)
may initially appear to restrict our authority to define subcategories,
section 112(c)(1) cannot be read in isolation. A broad review of the
entire text, structure, and purpose of the statute, as well as
Congressional intent shows that, applied within the context of CAA
section 112(c)(9), our approach of defining a low-risk subcategory of
PCWP affected sources is reasonable, at the very least as a way to
reconcile the possible tension between the arguably restrictive
language of section 112(c)(1) and the Congressional intent behind
section 112(c)(9). (See, e.g., Virginia v. Browner, 80 F.3d 869, 879
(4th Cir. 1996).) Alternatively, even if the language is clear on its
face in restricting our ability to define subcategories, we feel that,
as a matter of historical fact, Congress could not have meant what the
commenter asserts it appears to have said, and that as a matter of
logic and statutory structure, it almost surely could not have meant
it. (See, e.g., Engine Mfrs. Ass'n v. EPA, 88 F.3d 1075, 1089 (D.C.
Cir. 1996).)
Our interpretation of the CAA is a reasonable accommodation of the
statutory language and Congressional intent regarding the relationship
of the statutory categorization and subcategorization, delisting, MACT
and residual risk provisions that apply to the PCWP category. This
becomes clear in light of the issue addressed by commenters, which is
whether we may delist a subcategory of low-risk PCWP affected sources
only if such a group of sources is defined by criteria we have
traditionally used to define categories and subcategories for
regulatory, rather than delisting purposes. Our approach implements
Congressional intent to avoid the over-regulatory result that flows
from an overly rigid reading of the CAA. When the CAA is read as a
whole, it is apparent that Congress-which in 1990 likely did not fully
anticipate the policy considerations that come into play in regulating
HAP emissions from PCWP affected sources-has not spoken clearly on the
precise issue. Our interpretation is necessary to fill this statutory
gap and prevent the thwarting of Congressional intent not to
unnecessarily burden low-risk PCWP facilities by forcing them to meet
stringent MACT controls when they already meet the risk-based goals of
section 112. Our interpretation thus lends symmetry and coherence to
the statutory scheme.
While we do not feel that CAA section 112(c)(1) actually restricts
our authority to establish a low-risk PCWP subcategory, even if the
language is so restrictive, it must be read within the context of
Congress' purpose in allowing us to delist categories and subcategories
of low-risk sources that are defined according to the traditional
criteria under CAA section 111. It is beyond dispute that Congress
determined that certain identifiable groups or sets of sources may be
delisted if, as a group and without a single constituent source's
exception, they are below the enumerated eligibility criteria of CAA
section 112(c)(9). There is no apparent reason why such a group or set
of sources must be limited to those defined by traditional
categorization or subcategorization criteria. This is because, first,
Congress in section 112(c)(1) clearly did not absolutely prohibit us
from basing categories and subcategories on other criteria generally;
and, second, the underlying characteristic of an eligible set or group
of sources under section 112(c)(9)-that no source in the set or group
presents risks above the enumerated levels-can be applied under several
approaches to defining categories and subcategories and is not
dependent upon such set or group being traditionally defined in order
to implement the purpose of section 112(c)(9). Put another way, there
is nothing apparent in the statute that precludes us from delisting a
discernible set of low-risk PCWP affected sources just because that set
cannot also be defined according to other traditional criteria that
have nothing to do with the question of whether each of the constituent
PCWP affected sources is low risk. As a matter of logic and statutory
structure, Congress almost surely could not have meant to require that
every identifiable group of low-risk PCWP affected sources, no matter
how large in number or in percentage with respect to higher-risk
affected sources in the PCWP category, must remain subject to CAA
section 112, simply because that group could not be subcategorized as
separate from the higher risk PCWP affected sources by application of
traditional subcategorization criteria.
Where Congress squarely confronted the issue, it explicitly
provided relief for categories and subcategories, defined by
traditional criteria, that also happen to present little risk. (See CAA
sections 112(d)(4), 112(c)(9), and 112(f)(2).) These CAA provisions
addressing risk-based relief from, or thresholds for, HAP emissions
regulation evidence
[[Page 45990]]
Congressional concern that the effects of such pollution be taken into
account, where appropriate, in determining whether regulation under CAA
section 112 is necessary. At the time of the 1990 Amendments, Congress
did not consider it necessary to provide express relief for additional
groups such as low-risk PCWP facilities, beyond those defined by
traditional category and subcategory criteria, because it assumed we
could implement a comprehensive regulatory scheme for air toxics that
would both address situations where technology-based standards were
needed to reduce source HAP emissions to levels closer to the risk-
based goals of section 112, and avoid unnecessary imposition of
technology-based requirements on groups of sources that were already
meeting those goals. Congress enacted or revised various CAA air toxics
provisions--including sections 112(c), (d) and (f)--to that end. Had
events unfolded in that anticipated fashion, in the case of each
industrial category and subcategory, there would have been a perfect
correlation between the traditional criteria for defining categories
and subcategories and the facts showing whether those groups are either
high-or low-risk HAP sources.
This context turned out to be more complex than Congress
anticipated, and in the case of PCWP facilities there is no clear
differentiation between high-versus low-risk sources that corresponds
to our traditional approach for identifying source categories and
subcategories. Nevertheless, as in the case of a low-risk source group
defined by traditional category or subcategory criteria, for the PCWP
industry, we are able to identify a significant group of sources whose
HAP emissions pose little risk to public health and the environment,
applying the same section 112(c)(9) delisting criteria that would apply
to any traditionally-defined source group. We feel it is reasonable to
conclude that Congress would not have intended to over-regulate the
low-risk PCWP affected sources due to the inability to define such a
group by traditional criteria and thereby frustrate the coherent scheme
Congress set forth of ensuring that HAP sources ultimately meet common
risk-based goals under section 112.
The commenter's assertion that we are inappropriately altering our
interpretation of the applicable statutory provisions and departing
from the traditional categorization and subcategorization criteria in
addressing low-risk PCWP facilities is thus unfounded. As explained
above, the complexity of the air toxics problem and the relationship
between the traditional criteria and what might be groups of low-risk
sources, a context not fully understood by either Congress or EPA at
the time of the 1990 Amendments, provides adequate justification for
any unique applications of the our approach for low-risk PCWP
facilities.
Our approach does not equate to one that Congress considered and
rejected that would have allowed source-by-source exemptions from MACT
based on individualized demonstrations that such sources are low risk.
This is because, contrary to that approach, we rely upon the
application of specific eligibility criteria that are defined in
advance of any source's application to be included in the low-risk PCWP
subcategory, in much the same way as any other applicability
determination process works. Moreover, in response to the assertion
that our approach nevertheless conflicts with legislative history
rejecting a similar (but not identical) approach Congress considered
under CAA section 112, this legislative history is not substantive
legislative history demonstrating that Congress voted against relief
from MACT in this situation-there is no such history. The commenters
point to a provision in the House bill that was not enacted but that
would have provided in certain situations for case-by-case exemptions
for low-risk sources. There is no evidence that this provision was ever
debated, considered, or voted upon, so its not being enacted is not
probative of congressional intent concerning our ability to identify
and delist a group of low-risk PCWP affected sources. Instead, it is
reasonable to assume that, had Congress been aware in 1990 of the
possibility that an identifiable group of PCWP affected sources is low
risk, while that group does not correspond to traditional criteria
differentiating categories and subcategories, Congress would have
expressly, rather than implicitly, authorized our action here.
Moreover, the commenters are unable to cite any provision in CAA
section 112 that would prevent us from being able to add individual or
additional groups of low-risk PCWP affected sources to the group we
initially identify in our final delisting action, as those additional
low-risk PCWP affected sources prove their eligibility for inclusion in
the delisted group over time. In fact, the approach we are taking for
identifying additional low-risk PCWP affected sources is fully
consistent with the approach we have long taken in identifying, on a
case-by-case basis and subject to appropriate review, whether
individual sources are members of a category or subcategory subject to
standards adopted under CAA sections 111 and 112.
Regarding the comment that Congress did not expressly provide
relief for carcinogen-emitting low-risk groups of sources within the
PCWP category other than as an entire category, we construe the
provisions of CAA section 112(c)(9) to apply to listed subcategories as
well as to categories. This construction is logical in the context of
the general regulatory scheme established by the statute, and it is the
most reasonable one because section 112(c)(9)(B)(ii) expressly refers
to subcategories. Under a literal reading of section 112(c)(9)(B), no
subcategory could ever be delisted, notwithstanding the explicit
reference to subcategories, since the introductory language of section
112(c)(9)(B) provides explicit authority to only delist categories.
Such a reading makes no sense, at the very least because Congress
plainly assumed we might also delist another collection of sources
besides either categories or subcategories, even in the case of sources
of carcinogens. Both sections 112(c)(9)(B)(i) and (ii) refer
additionally to groups of sources in the case of area sources as being
eligible for delisting, even though only a category of sources is
specifically identified as eligible for delisting in the introductory
language of section 112(c)(9)(B). In light of the broader congressional
purpose behind the delisting authority, we interpret the absence of
explicit references to subcategories in this introductory language and
in section 112(c)(9)(B)(i) as representing nothing more than a drafting
error.
Regarding the comments about establishing PCWP subcategories based
on characteristics other than risk, the criteria for the low-risk
subcategory we are delisting are based solely on risk and not on
technological differences in equipment or emissions. We performed an
analysis to determine which major source PCWP affected sources may be
low-risk affected sources. Whether affected sources are low risk or not
depends on the affected source HAP emissions; and affected source HAP
emissions are a function of the type and amount of product(s) produced,
the type of process units (e.g., direct-fired versus indirect-fired
dryers) used to produce the product, and the emission control systems
in place. Our analysis indicates that the affected sources which show
low risk could include affected sources producing various products such
as particleboard, molded particleboard, medium density fiberboard,
softwood plywood, softwood veneer, fiberboard, engineered wood
products, hardboard, and oriented strandboard. However, there are also
major sources that
[[Page 45991]]
produce these products that are not low risk, and, therefore, product
type cannot be used to define the low-risk subcategory. There is no
correlation between production rate and low-risk affected sources
(e.g., when affected sources are sorted by production rate for their
product, the low-risk affected sources are not always at the lower end
of the production rate range), so production rate cannot be used as
criteria for defining the low-risk subcategory. The low-risk affected
sources use a variety of process equipment (e.g., veneer dryers at
softwood plywood plants and tube dryer at MDF plants). This same
equipment is used at PCWP plants that are not low risk, and, therefore,
there is no process unit type distinction that can be used to define
the low-risk subcategory. The pollutant that drives the risk estimate
can vary from affected source to affected source because of the
different types of process units at each affected source. There is no
clear distinction among low-risk and non-low-risk affected sources when
ranked by emissions of individual pollutants because of other factors
that contribute to affected source risk such as presence of a co-
located PCWP facility or variability in the pollutants emitted. Thus,
there is no emissions distinction that can be used to define the low-
risk subcategory. There is no technological basis for creating a
subcategory of PCWP affected sources that are low risk. The commonality
between all of the low-risk PCWP affected sources is that they are low
risk, and, therefore, we have established the low-risk subcategory
based on risk.
We do not agree with the commenters' assertions that our approach
for the low-risk PCWP subcategory undermines our ability to identify
the MACT floor for the larger PCWP category, either in today's final
PCWP rule or in any future consideration of technological development
under CAA section 112(d)(6). This is because, while low-risk PCWP
affected sources will literally be part of a separate subcategory,
there is nothing in the CAA that prevents us from including them in any
consideration of what represents the best controlled similar source in
the new source MACT floor context, and because it is not unprecedented
for us to look outside the relevant category or subcategory in
identifying the average emission limitation achieved by the best
controlled existing sources if doing so enables us to best estimate
what the relevant existing sources have achieved. In fact, EPA has
taken this very approach in the Industrial Boilers MACT rulemaking, in
order to identify the MACT floor for mercury emissions. Moreover, the
unique issues presented by the low-risk PCWP subcategory show that it
would be unreasonable to exclude any better-performing low-risk PCWP
sources from the MACT floor pool for the larger PCWP category.
Traditionally, EPA has based categories and subcategories partly on
determinations of what pollution control measures can be applied to the
relevant groups of sources in order to effectively and achievably
reduce HAP. In other words, EPA has identified subcategories for
purposes of identifying the MACT floor in a way that accounts for the
differences of sources types in their abilities to control HAP
emissions. But whether a PCWP source is a low-risk source does not
necessarily turn on such a distinction--two sources might have
identical abilities to control HAP emissions, but the unique
circumstances of one source regarding the impacts of its HAP emissions
will determine whether or not it is a low-risk PCWP source. (In fact,
it is theoretically possible that between two sources the better
performing source will be a high-risk source, and the worse-performing
source will be a low-risk source, based on circumstances that are
unrelated to the question of what abilities the sources have to control
HAP emissions through application of MACT, such as the sources'
locations vis a vis exposed human populations.) Therefore, EPA feels
that not only is it appropriate to include any better-performing low
risk PCWP sources in the MACT floor determinations for the larger PCWP
category, but that excluding such sources simply based on the unique
facts of the impacts of their emissions, with there being no difference
in the abilities of high-risk and low-risk sources to apply HAP
emission control measures, could result in an undesirable weakening of
the MACT floor for the larger PCWP category. To that end, the MACT
floors established for PCWP process units today are in no way affected
by our establishment of the low-risk PCWP subcategory.
Finally, we disagree with the argument by one commenter that the
low-risk PCWP subcategory approach represents an impermissible cost-
based exemption from MACT or factor in determining MACT. Certainly it
is true that costs may not be considered in setting the MACT floor.
However, there is nothing in the CAA that prevents us from noting the
cost impacts, beneficial or adverse, of our actions in setting MACT
floors, assessing possible beyond-the-floor measures, or conducting
risk-based actions under CAA section 112. In fact, we routinely
evaluate the costs of our regulatory actions, even when cost factors
may not be used to influence the regulatory decision itself, in order
to comply with applicable Executive Order and statutory administrative
review requirements. Simply because there is a cost benefit to some
members of the PCWP category in our establishing a low-risk PCWP
subcategory does not make that action impermissible, provided that our
subcategorization and delisting are otherwise properly based on the
appropriate risk-based criteria under CAA section 112(c)(9). Section
112 by its own terms does not forbid the goal of achieving
environmental protection in a less costly manner. Similarly, it is
appropriate for EPA to note the beneficial air pollution-related
impacts of not requiring low-risk PCWP sources to, for example, install
criteria pollutant emission-producing RTOs. While it is true that such
air quality-related impacts could not constitute non-air quality health
and environmental impacts that EPA must consider when setting MACT
under CAA section 112(d)(2), nothing in the CAA prevents EPA from
taking account of such impacts in developing its policy regarding
whether it is appropriate to delist a subcategory under section
112(c)(9) when that subcategory otherwise meets the statutory criteria
for delisting. Therefore, EPA does not agree with commenters who claim
that its approach to delisting the low risk PCWP subcategory conflicts
with how it has argued issues regarding either de minimis authority,
cost-based exemptions from MACT, or the treatment of non-air quality
impacts and the consideration of risk in setting the actual MACT
standard before the U.S. Court of Appeals for the D.C. Circuit. Nor
does our approach contravene any of that Court's rulings on these
issues.
3. Criteria for Demonstrating Low Risk Dose-response Values
Comment: Two commenters suggested that EPA incorporate into the
PCWP rule the findings of the nationwide wood products risk assessment,
which they claim demonstrates that the vast majority of wood products
sources cause no meaningful risk to human health or the environment at
current emission levels. The commenters stated that the risk assessment
used existing air dispersion modeling studies of 34 wood products
facilities throughout the U.S. to estimate the maximum annual off-site
HAP concentrations at wood products facilities nationwide. According to
the commenters, the risk assessment indicates that large
[[Page 45992]]
subgroups of facilities that are affected sources under the PCWP rule
as proposed (i.e., fiberboard, medium density fiberboard, and plywood
facilities) generally are expected to pose insignificant risks to human
health, based on a comparison of predicted off-site concentrations with
applicable health benchmarks. One of the commenters stated that many of
the facilities with low off-site concentrations will likely be smaller
plants that would not be able to justify installation of (additional)
emission controls and may face closure without a risk-based compliance
option. The other commenter stated that a comparison of off-site
concentrations of formaldehyde and acetaldehyde with benchmarks
reflecting the latest toxicological evidence indicates that exposures
to those HAP are well below levels of concern. Acrolein was the only
HAP with potential exposures at some affected sources (i.e., subset of
fiberboard, medium density fiberboard and plywood affected sources)
that exceeded the health benchmark. However, the commenter stated that
the acrolein findings may not represent an actual risk to human health
because exceedences of the benchmark may be attributable to EPA
averaging a large number of non-detects at one-half the detection
limit, thereby artificially increasing predicted acrolein emissions.
Based on these overall findings, the commenter concluded that the wood
products risk assessment indicates that incinerator control is not
warranted on the basis of human health concerns for a large number of
facilities.
Response: We acknowledge receipt of the industry-sponsored
nationwide wood products MACT risk assessment submitted by the
commenter. However, we conducted our own risk analysis to evaluate the
merits of including and delisting a low-risk subcategory in today's
final PCWP rule. The methodology used in our risk analysis differed
widely from the methodology used in industry's risk assessment. For
example, industry's risk assessment was based on previously conducted
air dispersion modeling studies for 34 PCWP facilities, while our
analysis used emission estimates developed for each PCWP affected
source expected to be a major source of HAP. We used different
(generally more protective) human health benchmarks in our risk
assessment than were used in industry's risk assessment. We also
considered all HAP (including metal HAP) in our risk analysis, whereas
industry's risk assessment considered only methanol, formaldehyde,
acetaldehyde, acrolein, phenol, and propionaldehyde.
Based on our risk analysis, we conclude that HAP emissions from
some PCWP affected sources pose little risk to human health and the
environment. Therefore, we have included a subcategory of low-risk PCWP
affected sources in today's final PCWP rule, and are delisting that
subcategory. Appendix B to subpart DDDD of 40 CFR part 63 includes
procedures that facilities may use to demonstrate that they are part of
the delisted low-risk subcategory, and, therefore, are not subject to
the compliance options included in today's final PCWP MACT rule. To
demonstrate eligibility for the low-risk subcategory, facilities must
first conduct emissions testing for up to 13 HAP (five organic HAP from
all process units, seven metal HAP from direct-fired process units, and
MDI from presses processing product containing MDI resin). The
rationale for selection of these 13 HAP is described elsewhere in this
section and in the supporting documentation for the final rule.
Facilities must use the results from emissions testing to preliminarily
demonstrate, subject to EPA approval, that they are part of the low-
risk subcategory using either a look-up table analysis (based on the
look-up tables included in appendix B to subpart DDDD of 40 CFR part
63) or site-specific risk assessment methodology (described in appendix
B to subpart DDDD of 40 CFR part 63 and other analytical tools, such as
the ``Air Toxics Risk Assessment Reference Library'' if appropriate for
the specific source) and risk benchmarks (described in appendix B to
subpart DDDD of 40 CFR part 63).
Regarding acrolein, the commenter is correct in that, when
developing AP-42 emission factors, we used a value of one-half the
detection limit for all non-detect sample runs if acrolein was detected
in any sample runs from the applicable source category. Acrolein has
been detected in process unit emissions from all sectors of the PCWP
industry, except for hardwood plywood manufacturing. When using
emission factors to estimate emissions from PCWP facilities, we did not
estimate emissions of a pollutant when all of the emissions test runs
were non-detect. However, we did use emission factors that included a
mixture of detectable values and values based on one-half of the method
detection limit (MDL) when acrolein was detected at least once for a
particular type of process unit. We maintain that this approach to
handling non-detects is appropriate for the purposes that we used the
emissions data. Facilities will conduct emissions tests instead of
using emission factors to demonstrate eligibility for the low-risk
subcategory. To prevent facilities from including HAP that are not
detected in their low-risk demonstrations, appendix B to subpart DDDD
of 40 CFR part 63 states that facilities may use zero for non-detects
when all of the emission test runs are below the MDL, provided that
certain criteria are met to ensure that emissions testing and analysis
procedures are adequate to detect low concentrations of HAP.
Comment: One commenter stated that CAA section 112(d)(4) is
particularly ill-suited to the PCWP and industrial boiler source
categories. The commenter stated that, even if EPA had authority to
create individualized MACT exemptions based on health thresholds, it
could not do so if there is insufficient evidence on the pollutants
emitted to establish a NOEL. According to the commenter, section
112(d)(4) does not apply for chemicals that do not have a well-defined
threshold based on reliable science. The commenter stated that
available evidence does not establish a no-effect threshold for
acetaldehyde, acrolein, benzene, carbon tetrachloride, chloroform,
formaldehyde, manganese, methylene chloride, and phenol. As rationale,
the commenter presented a summary of the available health effects data
for each of these pollutants.
Response: As stated elsewhere in this preamble, we are not pursuing
establishment of a threshold emission rate for the PCWP source category
under CAA section 112(d)(4) because PCWP affected sources emit non-
threshold pollutants. Therefore, this comment is irrelevant in the
context of the PCWP rule. Comments pertaining to the Industrial/
Commercial/Institutional Boilers and Process Heaters NESHAP are
addressed in the comment-response document for that rule. (See Docket
ID No. OAR-2002-0058.)
Comment: Two commenters expressed concern about the health
benchmark data sources that EPA used. The first commenter argued that
the proposal inappropriately used draft guidelines and toxicity
profiles that had not been subject to public review and/or were not
publicly available. The commenter was particularly concerned with the
use of non-linear carcinogenic risk values and toxicity profiles (for
HAP) that have not been finalized and are not available for review by
the public.
The second commenter argued that EPA should not rely solely on the
health benchmarks in its Integrated Risk Information System (IRIS)
database. The commenter stated that IRIS, while useful for obtaining
information about the health effects of chemicals, is far
[[Page 45993]]
from definitive, as EPA resource constraints have resulted in many
chemical summaries that are significantly outdated and do not reflect
the most recent scientific developments. Moreover, the commenter stated
that the IRIS database is a non-statutory, in-house EPA activity, and
IRIS entries are not subject to formal notice and comment. The
commenter noted that EPA management has repeatedly emphasized in
directives that other information must be considered, in addition to
the IRIS database, when evaluating the health effects of chemicals in a
regulatory context. The commenter concluded that EPA must use a
scientifically appropriate health benchmark based on a consideration of
all relevant information to ensure that the health benchmark is up-to-
date and scientifically credible, even if that means departing from the
value in IRIS.
A third commenter agreed with EPA's choice to derive their data
from IRIS, California EPA (CalEPA), and Agency for Toxic Substances and
Disease Registry (ATSDR) for its documentation for establishing risk
based threshold and non-threshold values. The commenter added that
almost all HAP are being reviewed and reevaluated on a regular basis,
and it would be inappropriate to single out formaldehyde and
acetaldehyde at this time. The commenter stated that EPA can only rely
on what is currently published and has undergone either peer review or
EPA review. According to the commenter, the issue of changing health-
based guideline values will always be a concern once health-based
regulations are promulgated.
Response: We agree with the first two commenters that we should use
the best available sources of health effects information for risk or
hazard determinations. As we have stated previously, we will not be
relying exclusively on IRIS values, but will be considering all
credible and readily available assessments.\1\ For air toxics risk
assessments, we identify pertinent toxicity or dose-response values
using a default hierarchy of sources, with IRIS being the preferred
source, to assist us in identifying the most scientifically appropriate
benchmarks for our analyses and decisions. The IRIS process contains
internal and external peer review steps and represent EPA consensus
values. When adequate toxicity information is not available in IRIS, we
consult other sources in a default hierarchy that recognizes the
desirability of these qualities in ensuring that we have consistent and
scientifically sound assessments. Furthermore, where the IRIS
assessment substantially lags the current scientific knowledge, we have
committed to consider alternative credible and readily available
assessments. For our use, these alternatives need to be grounded in
publicly available, peer-reviewed information. Formaldehyde is an
example of this situation. We are not using information that does not
meet these requirements. We also agree with the third commenter that
the issue of changing health-based guideline values is a general
challenge in setting health-based regulations. However, we are
committed to setting such regulations that reflect current scientific
understanding, to the extent feasible. Facilities conducting low-risk
demonstrations should refer to appendix B to subpart DDDD of 40 CFR
part 63 and other analytical tools, such as the ``Air Toxics Risk
Assessment Guidance Reference Library'' (if appropriate for the
specific source) for guidance on choosing appropriate dose-response
values.
---------------------------------------------------------------------------
\1\ U.S. Environmental Protection Agency. 1999. Residual Risk
Report to Congress. Office of Air Quality Planning and Standards,
Research Triangle Park, NC 27711, March 1999, EPA-453/R-99-001;
available at http://www.epa.gov/ttn/oarpg/t3/meta/m8690.html. (EPA
1999)
---------------------------------------------------------------------------
Comment: With the support of several others, one commenter pointed
out that the science with respect to formaldehyde and acetaldehyde has
changed since EPA's initial IRIS entries for those pollutants were
completed. Consequently, the commenter believed it would be
inappropriate for EPA to rely on the unit risk factors for those
pollutants in the IRIS database in establishing a property line
concentration threshold in the PCWP rule as proposed. The commenter
supported EPA's efforts in revising its formaldehyde and acetaldehyde
IRIS assessment and noted that both revisions are expected to be
finalized before the final PCWP rule is published in 2004. Regarding
formaldehyde, the commenter noted that EPA plans on using the model
from the Chemical Industry Institute of Technology (CIIT) to revise its
formaldehyde IRIS assessment and encouraged this action. The commenter
pointed out that the CIIT model has been recognized by several
authoritative bodies (e.g., Health Canada/Environment Canada,
Organization for Economic Coordination and Development, and World
Health Organization) as providing the most scientifically defensible
analysis of formaldehyde. (Another commenter added that the IRIS risk
criteria for formaldehyde clearly cause formaldehyde risk estimates to
be overstated but argued that, even using the very conservative IRIS
numbers, risks are still low. A third commenter urged EPA not to use
the formaldehyde values in ATSDR, stating that they are fundamentally
flawed, as detailed in their comment.) Regarding acetaldehyde, the
commenter recommended that EPA use a health benchmark between 27 and
390 micrograms per cubic meter ([mu]g/m3) and included their
rationale in an attachment to their comment. If EPA is unable to
complete its reassessments before the PCWP rule is finalized, the
commenter encouraged EPA not to revert to the original IRIS unit risk
factors for formaldehyde and acetaldehyde. Instead, the commenter
recommended that EPA use the CIIT model (or alternatively defer to
Health Canada/Environment Canada) for formaldehyde and, at a minimum,
use the IRIS reference concentration (RfC) of 9 [mu]g/m3 for
acetaldehyde.
Response: With the exception of formaldehyde, we are using the
human health values currently used by EPA's air toxics program and
available at: http://www.epa.gov/ttn/atw/toxsource/summary.html. These
dose response values come from several sources including EPA's IRIS,
the Centers for Disease Control's ATSDR, and California EPA. See the
supporting information for this rulemaking for a summary of the human
health values we used in our assessment.
For formaldehyde, we do not use the dose-response value reported in
IRIS. The dose-response value in IRIS is based on a 1987 study, and no
longer represents the best available science in the peer-reviewed
literature. Since that time, significant new data and analysis have
become available. We based the dose-response value we used for
formaldehyde on work conducted by the CIIT Centers for Health Research
(formerly, the Chemical Industry Institute of Toxicology). In 1999, the
CIIT published a risk assessment which incorporated mechanistic and
dosimetric information on formaldehyde that had been accumulated over
the past decade. The risk assessment analyzed carcinogenic risk from
inhaled formaldehyde using approaches that are consistent with EPA's
draft guidelines for carcinogenic risk assessment. The CIIT model is
based on computational fluid dynamics (CFD) models of airflow and
formaldehyde delivery to the relevant parts of the rat and human
respiratory tract, which are then coupled to a biologically-motivated
two-staged clonal growth model that allows for incorporation of
different biological
[[Page 45994]]
effects. These biological effects, such as interaction with DNA and
cell proliferation, are processes by which formaldehyde may contribute
to development of cancer at sites exposed at the portal of entry (e.g.,
respiratory tract). The two-staged model is a much more advanced
approach for examining the relevance of tumors seen in animal models
for human populations.
We believe that the CIIT modeling effort represents the best
available application of the available mechanistic and dosimetric
science on the dose-response for portal of entry cancers due to
formaldehyde exposures. We note here that other organizations,
including Health Canada, have adopted this approach. Accordingly, we
have used risk estimates based on the CIIT airflow model coupled to a
two-staged clonal growth model as the basis for the dose-response
values for this analysis. This model incorporates state-of-the-art
analyses for species-specific dosimetry, and encompasses more of the
available biological data than any other currently available model. As
with any model, uncertainties exist, and this model is sensitive to the
inputs, but we believe it represents the best available approach for
assessing the risk of portal-of-entry cancers due to formaldehyde
exposures.
Currently, the CIIT information and other recent information,
including recently published epidemiological studies, are being
reviewed and considered in the reassessment of our formaldehyde unit
risk estimate (URE). We plan to bring this reassessment to the Science
Advisory Board in the summer of 2004. The feasibility of delisting a
subgroup of affected sources based on risk is not compromised by the
existing formaldehyde dose-response value because some affected sources
would qualify for delisting based on this current value. We are moving
forward with the final PCWP rule at this time because there is a court-
ordered deadline, and we are including the low-risk PCWP subcategory
delisting and basing our review of sources's eligibility on the CIIT
model for formaldehyde. We disagree with the statement by one of the
commenters that risks are still low using the current IRIS number for
formaldehyde. Our analysis has demonstrated that not all PCWP affected
sources can be considered low risk when either the current IRIS or CIIT
URE for formaldehyde is employed.
While we recognize the similarities between acetaldehyde and
formaldehyde with regard to suggested modes of action, the reassessment
of acetaldehyde is lagging behind that of formaldehyde. The
formaldehyde reassessment is further along because of the preponderance
of data specific to formaldehyde and the potentially greater impact of
a change in potency to our regulatory decisions. Unlike for
formaldehyde, an alternative, peer-reviewed, publicly available
assessment does not currently exist for acetaldehyde, leaving us with
the current IRIS assessment. We do not feel it is necessary to wait for
our acetaldehyde reassessment to be completed, due to the court-ordered
deadline for the final PCWP MACT rule, and due to the fact that until
otherwise concluded the IRIS values for acetaldehyde reflect the best
available source of health effects information. Therefore, we are
relying on the IRIS values for acetaldehyde in both cancer and non-
cancer risk assessments for the final rule.
Affected sources conducting low-risk demonstrations should refer to
appendix B to subpart DDDD of 40 CFR part 63 and other analytical
tools, such as the ``Air Toxics Risk Assessment Reference Library'' (if
appropriate for the specific source) for guidance on choosing
appropriate dose-response values.
Comment: One commenter stated that EPA should consider formaldehyde
and acetaldehyde as carcinogens unless a reassessment classifies them
as threshold pollutants. A second commenter argued that formaldehyde
and acetaldehyde are properly treated as threshold pollutants. This
commenter contended that the legislative history of the CAA makes clear
that Congress considered ``threshold pollutants'' to be those for which
a ``no observed effect level'' can be established. (See, e.g., S. Rep.
No. 228, 101st Cong., 1st Sess. 175-176 (1990)). By contrast, a non-
threshold pollutant is one for which a no observed effect level cannot
be identified, i.e., a pollutant for which adverse effects may be seen
at any dose level above zero. The commenter noted that EPA has
historically assumed that all carcinogens are non-threshold pollutants
that may trigger a carcinogenic effect at any exposure level, no matter
how small. However, as mechanistic data on the mode of action of
carcinogenesis advances, that conservative assumption may prove not to
be accurate for certain pollutants. The commenter stated that the
available science strongly suggest that these pollutants act as
threshold carcinogens. The commenter contended that there is a no
observed effect level for formaldehyde below which the carcinogenic
risk either does not exist or cannot be measured, as documented in an
attachment to their comment. The commenter stated that acetaldehyde
should be viewed similarly because acetaldehyde is similar to
formaldehyde structurally and toxicologically, and is expected to
behave similarly mechanistically. Because acetaldehyde is a less potent
carcinogen than formaldehyde (by an order of magnitude), non-cancer
health effects (which clearly are threshold health effects) are the
likely risk driver for that pollutant. Finally, the commenter noted
that EPA's recently issued Draft Final Guidelines for Carcinogenic Risk
Assessment provide that, for non-linear carcinogens, EPA will calculate
a reference dose (RfD) or RfC, which are safe lifetime doses (i.e.,
doses below which adverse effects will not occur). The commenter stated
that this is exactly what a threshold pollutant is. Thus, EPA's revised
guidelines support the conclusion that formaldehyde and acetaldehyde
should be treated as threshold pollutants.
Response: We agree that we should consider formaldehyde and
acetaldehyde as carcinogens unless a reassessment classifies them as
threshold pollutants. Currently, formaldehyde and acetaldehyde are
considered probable human carcinogens. Both are under review, and their
dose-response values for carcinogenicity are likely to change. For the
final rule, we are using an alternative dose-response value for
formaldehyde based on a peer-reviewed, publicly available assessment.
However, we do not have comparable quantitative information for
acetaldehyde. Therefore, we will use the current IRIS value. Affected
sources conducting low-risk demonstrations should refer to appendix B
to subpart DDDD of 40 CFR part 63 (and/or the ``Air Toxics Risk
Assessment Reference Library'') for guidance on choosing appropriate
dose-response values.
Comment: One commenter expressed concern about some of the health
benchmarks that EPA plans to publish. The commenter reviewed various
health studies for each pollutant and recommended several RfC values.
The commenter noted that, because IRIS does not have an RfC for
methanol, EPA has indicated it plans to determine a de minimis
threshold for methanol using a value of 4.0 milligrams per cubic meter
(mg/m3) as an RfC. The commenter noted that this value is
the noncancer chronic reference exposure level (REL) derived by CalEPA.
The commenter stated that CalEPA's derivation of that REL contains some
errors and inaccurate assumptions. According to the commenter, a more
accurate estimate of a human safe level for chronic exposure to
methanol by
[[Page 45995]]
inhalation, derived from the same mouse study data, is 171 mg/
m3, which is discussed further in their comments. The
commenter stated that their discussion presents new analyses not
previously reviewed by EPA and a ground-breaking new approach to a
hazard assessment for methanol. The commenter noted that EPA is
currently revising its assessment for acrolein and has provided for
public information a draft toxicological review and draft IRIS summary
for acrolein. The draft IRIS document states that the proposed new RfC
of 0.03 [mu]g/m3 replaces the previous RfC of 0.02 [mu]g/
m3, and that this new RfC is based on a more recent
interpretation of the database. The commenter noted the basis for the
revised acrolein RfC (Feron et al., 1978) and argued that EPA's
interpretation of this study is overly conservative. The commenter
stated that EPA has used the maximum uncertainty factors that could
reasonably be justifiable and thereby developed an RfC that almost
certainly goes beyond what is needed to protect human health. The
commenter suggested that EPA should instead use the more realistic
reference exposure level developed by CalEPA, which is more
conservative than the Health Canada Tolerable Concentration.
The commenter noted that EPA has not published a health benchmark
for phenol. The commenter agreed with EPA's proposal to use the CalEPA
REL of 200 [mu]g/m3 for phenol in implementing the risk-
based approach for wood products facilities. According to the
commenter, the REL is intended to serve the same goal as an RfC.
The commenter supported using a health benchmark of 110 [mu]g/
m3 for propionaldehyde and believed that this value would
protect human health with an ample margin of safety. The commenter
described how the 110 [mu]g/m3 value was derived based on
the threshold limit value (TLV) for propionaldehyde identified by the
American Conference of Governmental Industrial Hygienists (ACGIH). The
commenter explained that this benchmark is consistent with values
developed by other organizations.
Response: We are currently developing an IRIS assessment for
methanol, and any new information that exists that has undergone peer
review will be considered in this re-evaluation. We publish yearly in
the Federal Register a list of all chemicals for which we are planning
IRIS assessment activity. This action further requests submission of
pertinent data for these chemicals. In lieu of the pending IRIS
assessment, we will continue to draw on other sources identified by our
established default hierarchy of data sources, which have as part of
their development processes external or peer review, in addition to
extensive internal reviews.
A reassessment of acrolein was completed in June of 2003. The RfC
resulting from that reassessment (i.e., an RfC of 0.02 [mu]g/
m3, with an uncertainty factor of 1,000) is what is
currently on IRIS. As with all announced IRIS reassessments, time was
provided for new data or relevant information to be submitted. In
addition, each assessment undergoes extensive internal review as well
as external peer review to ensure that the data used are scientifically
sound. We feel that we have developed the most scientifically sound RfC
that will ensure that risk assessments using this number are health-
protective. Facilities conducting low-risk demonstrations should refer
to appendix B to subpart DDDD of 40 CFR part 63 (and/or the ``Air
Toxics Risk Assessment Reference Library'') for guidance on choosing
appropriate dose-response values.
We do not currently have plans to develop an IRIS assessment for
phenol. We will continue to rely on our hierarchy of other sources when
IRIS values are not available.
We do not have an IRIS file for propionaldehyde, and an assessment
is not available from the alternative sources in our default hierarchy.
The hierarchy sources do not include ACGIH, as that organization
develops reference values for use in occupational exposure settings, as
opposed to the ambient air exposures that are the focus of this action.
Development of an IRIS assessment for propionaldehyde is currently
underway. Once available, it will be used in future risk analyses. In
the meantime, this HAP was not included in the assessment conducted for
PCWP affected sources.
Comment: One commenter stated that comparison of modeled exposures
to the RfC or similarly-derived health benchmark is highly protective
and meets the CAA's ``ample margin of safety'' requirement. Although
the commenter claims the CAA does not explicitly define ``ample margin
of safety,'' in the Vinyl Chloride case, the D.C. Circuit Court of
Appeals articulated the purpose of the ample margin of safety
determination as obtaining a ``reasonable degree of protection'' in
light of scientific uncertainties and information gaps. (Natural Res.
Def. Council v. EPA, 824 F.2D 1146, 1152-53 (D.C. Cir. 1987)). The
commenter stated that, in regulatory practice, the ample margin of
safety analysis consists of a consideration of the NOEL for a pollutant
and the subsequent application of factors to account for scientific
uncertainty surrounding that safe level of exposure. According to the
commenter, this is the approach called for by the Senate Report
accompanying the 1990 CAA Amendments (S. Rep. No. 228, 101st Cong.
Sess. 171 (1990)), and this is exactly what is done in deriving an RfC
or similar inhalation health benchmark. The commenter stated that EPA's
derivation of the RfC contains multiple layers of conservatism to
account for scientific uncertainty. The commenter believed that RfC
values and similar inhalation health benchmarks already incorporate
sufficient uncertainty factors to fulfill or exceed the ample margin of
safety mandate of CAA sections 112(d)(4) and 112(c)(9).
Response: Today's final PCWP rule will utilize CAA section
112(c)(9) rather than CAA section 112(d)(4). We agree that the CAA does
not define ``ample margin of safety'' explicitly. The CAA does,
however, in section 112(f) explicitly recognize our Federal Register
notice of September 14, 1989, which described our interpretation of
ample margin of safety in the case of linear carcinogens, and our
approach to implementing that interpretation. While the first step
identifies the presumptive limit on maximum individual risk, the second
step of that 2-step approach describes the setting of the risk-based
standard at a level that provides an ample margin of safety, in
consideration of a number of factors. As we noted in the 1989 notice,
the objective in protecting public health with an ample margin of
safety under CAA section 112 is to ensure an individual lifetime risk
level no higher than one in a million to the greatest number of persons
possible, and to limit to no higher than one in ten thousand the
estimated risk for a person living near a plant if they were exposed
for 70 years.
In assessing risk or hazard of nonlinear effects, we use the RfC or
comparable value. This value represents an estimate (with uncertainty
spanning perhaps an order of magnitude) of a continuous inhalation
exposure to the human population (including sensitive subgroups) that
is likely to be without an appreciable risk of deleterious non-cancer
effects during a lifetime. The RfC values and comparable values are
derived from assessments of pertinent toxicological information to
identify the lowest point of departure (in human equivalent terms) from
the experimental data that is also representative of the threshold
region (the region where toxicity is apparent from the available data)
for the array of toxicity data for that chemical. The objective is to
select
[[Page 45996]]
a prominent toxic effect that is pertinent to the chemical's key
mechanism or mode of action. This approach is based, in part, on the
assumption that if the critical toxic effect is prevented, then all
toxic effects are prevented. The RfC is derived from the point of
departure (POD) (in terms of human equivalent exposure) for the
critical effect by consistent application of uncertainty factors, which
are to account for recognized uncertainties in the extrapolations from
the experimental data conditions to an estimate appropriate to the
assumed human scenario.\2\
In considering the extrapolation of the ample margin of safety
objective described for linear cancer risk to the management of risk
for nonlinear effects under CAA section 112(c)(9) (i.e., in decisions
to delist a subcategory from any further regulatory action), we
consider exposures relative to the RfC or comparable values for all of
the emitted HAP, with specific attention to those affecting a similar
physiological target organ or system.
---------------------------------------------------------------------------
\2\ U.S. Environmental Protection Agency. 1994. Methods for
Derivation of Inhalation Reference Concentrations and Application of
Inhalation Dosimetry. Office of Research and Development. EPA/600/8-
90/066F. (EPA 1994)
---------------------------------------------------------------------------
Comment: One commenter stated that the uncertainty factors used in
deriving the wood products HAP health benchmarks are particularly
large. The unit risk factors for acetaldehyde and formaldehyde were
calculated using the linear multi-stage model, which assumes a linear
relationship between cancer incidence and exposure to the pollutant at
low doses. According to the commenter, the available data on
acetaldehyde and formaldehyde strongly suggest that this assumption is
incorrect and overly conservative.
The commenter pointed out that EPA's health assessment of acrolein
is two to three times more conservative than CalEPA's, even though both
are intended to protect sensitive individuals from any adverse effects
following a lifetime of exposure. The commenter stated that EPA has
developed an extremely conservative RfC for acrolein. The commenter
argued that adopting a HI of 0.2 would add another five-fold safety
factor to this already extremely conservative RfC. The commenter noted
that acrolein is the HAP of greatest importance in determining risk
from PCWP facilities.
Response: The dose-response values used to determine the criteria
for defining the low-risk subcategory are drawn from IRIS, as well as
from certain alternative sources. The IRIS process contains internal
and external peer review steps and represents EPA consensus values.
When adequate toxicity information is not available in IRIS, we consult
other sources in a default hierarchy that recognizes the desirability
of these qualities in ensuring that we have consistent and
scientifically sound assessments. In the case of acrolein, specifically
mentioned by the commenter, consultation of other sources was not
necessary because the acrolein assessment was completed within the past
9 months and represents current scientific knowledge. In those cases
(e.g., formaldehyde), where the IRIS assessment substantially lags the
current scientific knowledge, we consider alternative credible and
readily available assessments. As pointed out elsewhere in this
section, the RfC values or comparable values have been derived with the
incorporation of uncertainty factors. The uncertainty factors are to
account for recognized uncertainties in the extrapolations from the
experimental data conditions pertaining to the chemical's particular
toxicological data set to an estimate appropriate to the assumed human
scenario.\3\ The size variation of the uncertainty factors across RfC
values reflects the size variation of the uncertainties associated with
that extrapolation.
---------------------------------------------------------------------------
\3\ Ibid.
---------------------------------------------------------------------------
Comment: One commenter stated that the combination of conservative
air dispersion modeling techniques and a conservative human health
benchmark ensure that, where a source meets the requirements for a
risk-based compliance option, human health will be protected with an
ample margin of safety. The commenter pointed out that, for most
individuals in the general population, actual exposures likely are one
or more orders of magnitude below the maximum exposures predicted by
the tiered modeling approach. The commenter noted that EPA's tiered
modeling methodology is designed to identify the highest annual
property line or off-site concentrations that might occur around each
facility (as opposed to actual population exposure). The tiered
approach models exposures of a maximally exposed individual (MEI) and
incorporates a number of conservative assumptions. According to the
commenter, actual average concentrations are likely to be much lower.
The commenter argued that, even if the modeled concentrations were
reflective of continuous average concentrations, it is highly unlikely
that any individual would actually be exposed to such concentrations
for a lifetime. The commenter noted that the Presidential/Congressional
Commission on Risk Assessment and Risk Management concluded that the
conservatism inherent in use of the MEI was often so unrealistic that
its use impaired the scientific credibility of health risk assessment.
Response: We discussed a tiered analytical approach in the preamble
to the proposed rule, beginning with relatively simple lookup tables
and followed by increasingly more site-specific but more resource
intensive tiers of analysis, with each tier being more refined. In
today's final rule, we are setting forth two options, as specified in
Appendix B to subpart DDDD. In the first option, affected sources can
qualify for inclusion in the delisted subcategory by using site-
specific emissions test data and look-up tables that were developed
using health-protective input parameters. As a second option, affected
sources may choose to use a more refined site-specific risk assessment.
A more refined analysis requires more effort, but produces results that
are less likely to overestimate risk.
Comment: One commenter noted that the regulatory requirements in
the proposed rule focused on six HAP that are emitted from PCWP
facilities: acrolein, acetaldehyde, formaldehyde, methanol, phenol, and
propionaldehyde. Those HAP represent 96 percent of the emissions from
PCWP affected sources. The commenter believes that any risk-based
compliance mechanisms may reasonably be limited to consideration of the
risks from these six HAP. The commenter noted that EPA's preliminary
risk analysis conducted prior to proposal narrowed the list of HAP
emitted from PCWP affected sources to include the following: acrolein,
acetaldehyde, formaldehyde, methanol, phenol, benzene, methylene
chloride, and manganese. The commenter referred to the results of their
sensitivity analysis, which was conducted based on the data used in
EPA's pre-proposal risk analysis. The analysis evaluated the impact of
increasing or decreasing facility emissions by 30 percent, using
different health benchmarks than those identified in EPA's analysis,
and conducting the risk assessment with the six HAP targeted in the
proposed rule versus the additional HAP identified by EPA. The
commenter's sensitivity analysis showed that formaldehyde and
acetaldehyde made up the bulk of the cancer risk, while benzene and
methylene chloride had little or no influence on cancer risk, depending
on the scenario considered. Under all scenarios, acrolein contributed
the most
[[Page 45997]]
non-cancer risk. The remainder of the non-cancer risk was divided
between acetaldehyde, formaldehyde and manganese, with manganese
contributing between 5.6 and 12.2 percent of the non-cancer risk,
depending on the scenario. Under all scenarios, methanol, benzene,
methylene chloride and phenol did not contribute at all to the non-
cancer risk from wood products affected sources (with one exception,
where the phenol risk contribution was 0.1 percent). Based on these
results, the commenter stated that there appeared to be little reason
to include evaluation of methylene chloride or benzene in the risk-
based compliance option. However, the commenter stated that it may be
reasonable to take an extremely conservative approach and include
evaluation of manganese in the risk-based compliance mechanisms.
Response: We agree that it is appropriate to limit the number of
HAP that must be included in PCWP affected source low-risk
demonstrations to only those HAP that may possibly result in meaningful
contributions to the affected source risk. However, we disagree that
limiting the HAP included in the low-risk demonstration to the six HAP
defined as total HAP in subpart DDDD of 40 CFR part 63 (acrolein,
acetaldehyde, formaldehyde, methanol, phenol, and propionaldehyde) is
appropriate. We identified the most prevalent HAP based on mass emitted
for purposes of developing MACT compliance options because MACT is
technology-based (i.e., the same technology that reduces emissions of
the six HAP also reduces emissions of other organic HAP). As discussed
earlier in this preamble, the six HAP defined as total HAP in subpart
DDDD of 40 CFR part 63 are the HAP that are most often emitted in
detectable amounts from the most PCWP process units, and these HAP make
up 96 percent of the mass of nationwide HAP emissions from the PCWP
industry. However, the risk associated with emissions of HAP are
dependent on the mass emitted and the relative toxicity of each HAP.
Thus, the HAP emitted in the greatest mass may not result in the most
risk because the HAP may not be as potent as other HAP emitted in lower
mass. For example, methanol is the HAP emitted from the PCWP industry
in the greatest mass, but because methanol is not as toxic as other HAP
emitted (e.g, formaldehyde, certain HAP metals), it does not result in
as much risk as do other HAP. To ensure protection of public health,
all HAP must be considered when determining which affected sources are
low risk. Simply importing the surrogate pollutants that are reasonably
used for MACT purposes into the risk assessment context is not
appropriate, as surrogacy for MACT is based on factors and
considerations relating to technological control capabilities and not
on how surrogate pollutants might indicate how non-surrogates affect
risks to human health and the environment. For example, just because in
many cases particulate matter is a useful surrogate for measuring the
control efficiency of devices used to capture non-mercury HAP metals,
that fact is unrelated to what risks the HAP metals may present
individually or collectively, as HAP metals apart from the risks they
pose as being particulates.
The commenter is correct in that our preliminary risk analysis
conducted prior to proposal narrowed the list of HAP emitted from PCWP
affected sources. We acknowledge receipt of the commenter's sensitivity
analysis based on the data used in our pre-proposal risk analysis.
Following proposal, we conducted a more detailed risk analysis to
evaluate the merits of including a low-risk subcategory in the final
PCWP rule. This post-proposal analysis considered emissions of more
than 30 HAP emitted from the PCWP source category. Many of these HAP
are only emitted in minute amounts that have been detected from a small
number of PCWP process units. Nevertheless, we included them in our
risk analysis to determine their contribution to PCWP affected source
risk. We reviewed the toxicity values for each HAP and the mass of each
emitted from PCWP affected sources to determine if it would be
appropriate to narrow the list of HAP that PCWP affected sources must
consider in their low-risk demonstrations. Based on our review, we
determined that 95 percent of the cancer risk at PCWP affected sources
is accounted for by the following HAP: acetaldehyde, benzene, arsenic,
beryllium, cadmium, hexavalent chromium, lead, nickel subsulfide, and
formaldehyde. We also determined that 95 percent of the non-cancer risk
at PCWP affected sources is accounted for by the following HAP:
acetaldehyde, acrolein, formaldehyde, phenol, MDI, arsenic, cadmium,
and manganese. We feel that inclusion of these HAP in a demonstration
of eligibility of the low-risk PCWP subcategory is appropriate.
Limiting the list of HAP that must be included in the low-risk
demonstration to 13 HAP minimizes emissions testing costs, while
ensuring that the HAP that drive the risk at PCWP affected sources are
accounted for on a site-specific basis.
Background, Multipathway, and Ecological Exposures
Comment: Two commenters argued that multipathway exposures should
not be considered for PCWP affected sources. One commenter stated that,
because the HAP emitted from the PCWP source category are not
bioaccumulative, it is unnecessary to consider multipathway exposures.
The other commenter stated that there is no policy basis for
considering multipathway exposures because U.S. Government surveys and
regulatory actions demonstrate that non-inhalation exposure to the six
HAP emitted by wood products affected sources is insignificant. The
commenter provided rationale for the conclusion that dietary and
drinking water exposures to the six HAP are not significant. Because
the six HAP primarily emitted from the PCWP source category
(acetaldehyde, acrolein, and formaldehyde, methanol, phenol, and
propionaldehyde) do not exhibit bioaccumulative characteristics, the
commenter considered it unnecessary to consider multipathway exposures.
Three commenters argued that multipathway exposures should be
considered for PCWP facilities. One commenter stated that, when
persistent biological toxicant or metal emissions are significant,
ingestion and other pathways should be considered in the risk
screening. Another commenter stated that the concentration-based
applicability threshold approach in the proposed PCWP rule does not
address non-inhalation exposures or adverse effects on the environment.
The third commenter stated that CAA section 112(d)(4) requires EPA to
consider all possible ways that a pollutant could affect human health
or the environment because it refers to pollutants ``for which a health
threshold has been established,'' i.e., pollutants that have no adverse
health or environmental effects. (See 5 Legislative History at 8511.)
According to the commenter, EPA has recognized repeatedly in the past
that many of the pollutants emitted by the source category are re-
deposited from the atmosphere and then contaminate soil and water for
long periods of time. The commenter added that these pollutants
bioaccumulate in wildlife and food sources, poisoning people and
animals alike. The commenter concluded that, to evaluate whether a
pollutant is a threshold pollutant and what its health threshold and
ample margin of safety must be, EPA must consider all the potential
health and environmental effects of
[[Page 45998]]
deposition, persistence and bioaccumulation of that pollutant. The
commenter argued that EPA would contravene section 112(d)(4) by
considering only health effects caused by inhalation.
Response: This rule is relying not on CAA section 112(d)(4), but on
section 112(c)(9), which states that potential ecological effects and
multimedia human exposures need to be considered. We have conducted an
ecological assessment and a multipathway exposure assessment on those
HAP emitted from PCWP affected sources (including HAP not among the six
mentioned by one commenter) that we have identified as having the
potential for persisting and bioaccumulating in the environment. From
this analysis we determined that adverse ecological effects and/or
multimedia health effects are unlikely from PCWP affected sources.
Therefore, PCWP affected sources attempting to demonstrate their low-
risk status will not be required to include an ecological assessment or
a multimedia assessment.
Comment: Several commenters stated that there is no legal or policy
basis for EPA to consider background or multipathway (non-inhalation)
exposures. The commenters claimed that CAA section 112(d) requires that
MACT standards be based only on emissions from the MACT-regulated
portion of the facility; it does not give EPA the authority to consider
existing background levels. One commenter asserted that CAA section 112
can be distinguished from other statutory provisions, both in the CAA
and in other environmental legislation, where EPA has clearly been
given authority to consider background sources.
Another commenter argued that the CAA's legislative history does
not support a requirement to consider other exposures. The commenter
also claimed that the statutory provisions on which EPA would rely to
implement the risk-based mechanisms (i.e., CAA section 112(d)(4), CAA
section 112(c)(9)(B), or EPA's de minimis authority) exclusively focus
on the emissions from the source in making regulatory decisions.
According to the commenter, EPA has existing regulatory programs (e.g.,
for mobile and area sources (Urban Air Toxics Strategy)) in place to
address HAP emissions from other sources.
The commenter argued that over-control of PCWP affected sources is
unjustified because PCWP affected sources account for very small
proportions of HAP emissions nationwide-less than 1.75 percent of
acetaldehyde, 1.7 percent of acrolein, and 1 percent of formaldehyde
emissions, according to their industry-sponsored risk assessment. Given
these results, the commenter concluded that PCWP facilities cannot
reasonably be considered to contribute meaningfully to background
concentrations.
The commenter stated that delisting criteria and the so-called
trigger component of the residual risk provision focus exclusively on
emissions and whether the risk posed by any source in the category, by
itself, exceeds one in a million cancer.
Two commenters opposed the use of available data on background
concentrations and facility-specific measurement of background
concentrations to determine the extent of exposures from other sources,
arguing that the CAA and sound public policy warrant a focus
exclusively on the emissions from the source category at hand when
evaluating the applicability of a risk-based compliance option. Because
a HI of 1.0 (or higher) is amply protective of public health and is
warranted under EPA's statutory mandate, the commenters stated that
consideration of background concentration is not appropriate.
Response: For the purposes of this rulemaking, we are not
considering background HAP emissions as part of the CAA section
112(c)(9) delisting of the low-risk PCWP subcategory. As we indicated
in the Residual Risk Report to Congress, however, the Agency intends to
consider facility-wide HAP emissions in future CAA section 112(f)
residual risk actions.
Regarding multipathway exposures, the industry's wood products MACT
risk assessment does not address HAP emitted from PCWP affected sources
that have the potential to bioaccumulate and persist in the environment
(e.g., lead, cadmium, and mercury). We conducted an exposure assessment
for these HAP to determine exposure from ingestion as well as
inhalation. The maximum multipathway risks were considerably lower than
the predicted maximum inhalation risks from the PCWP source category.
Therefore, PCWP affected sources are not required to conduct site-
specific multipathway risk assessments as part of their low risk
demonstrations. The look-up tables included in appendix B to subpart
DDDD were developed using conservative input parameters to ensure that
affected sources qualifying for the low-risk subcategory based on the
look-up tables would not pose a risk via multipathway exposures.
As discussed elsewhere in this preamble, for today's final PCWP
rule, we consider that an HI limit of 1.0 provides an ample margin of
safety for protecting public health under CAA section 112(c)(9) for
this delisting of low-risk PCWP affected sources. The RfCs that are
used to calculate the HI are developed to protect sensitive subgroups
and to account for scientific uncertainties, ensuring that the use of
an HI limit of 1.0 provides an ample margin of safety. We conclude that
an HI limit of 1.0 is appropriate for the section 112(c)(9)
demonstrations for the PCWP source category that are described in
today's action. In future risk-based actions for this and other source
categories (e.g., residual risk rulemakings under CAA section 112(f))
we may identify factors on a case-by-case basis that would lead us to
conclude that HI limits other than 1.0 would be more appropriate for
those other actions.
The look-up tables included in appendix B to subpart DDDD of 40 CFR
part 63 were developed based on an HI of 1.0. For site-specific chronic
inhalation risk assessments, affected sources are required to ensure
that their TOSHI (or, alternately, a site-specific set of hazard
indices based on mechanistic data or dose-response data for their HAP
mixture) are less than or equal to a value of 1.0. These assessments
focus on respiratory effects and CNS effects, because based on our
analysis noncancer impacts were dominated primarily by impacts on these
systems. Other target organs or systems were found to be negligibly
impacted.
Comment: One commenter stated that EPA had provided inadequate
discussion of how environmental risks would be evaluated. The commenter
added that the CAA requires EPA consider the environment as well as
public health, and that, at a minimum, a facility would be required to
conduct an assessment based on EPA's 1998 Guidelines for Ecosystem
Assessment. The commenter referred EPA to appendix A of ``Generic
Assessment for Endpoints for Ecological Risk Assessment'' for a
detailed discussion on the legal basis from ``such statutes as the CAA
* * * that require EPA to consider and protect organism-level
attributes or various taxa including fish, birds, and plants and more
generally, animals, wildlife, aquatic life, and living things.''
Another commenter cited an analysis they commissioned that showed
it to be highly unlikely that emissions from PCWP facilities would pose
a hazard to ecological receptors at levels that are protective of human
health. Thus, concern over ecological receptors would not provide a
valid basis for reducing the HI below 1.0.
[[Page 45999]]
Response: An ecological assessment is required under sections
112(d)(4), (c)(9), and (f)(2) of the CAA regarding the presence or
absence of ``adverse environmental effects'' as that term is defined in
CAA section 112(a)(7). Therefore, delisting under section 112(c)(9)
requires consideration of ecological effects. The look-up tables
developed for today's final PCWP rule are intended to accommodate
enough conservatism that any affected source qualifying for inclusion
in the delisted subcategory using them will qualify based on all
endpoints, including ecological endpoints. Based on our analysis of
ecological effects (in the supporting information for the final rule),
we feel it is unlikely that PCWP affected sources would pose any
significant ecological risks to any actual ecosystem or ecosystems
nearby. We also conclude, given the low impacts from the hypothetical
worst-case scenario investigated, that it is unlikely that any
potentially-exposed threatened or endangered species would be adversely
affected by HAP emissions from these affected sources. Therefore, PCWP
affected sources are not required to conduct site-specific ecological
risk assessments as part of their low-risk demonstration.
Assuming the assessment referenced by the first commenter included
only the six HAP listed in subpart DDDD of 40 CFR part 63, we disagree
that these six HAP should be the sole focus of an ecological
assessment. It is not clear from the comment whether the commenter is
suggesting that we might consider lowering the human health HI values
to below 1.0 in order to reflect ecological concerns or whether they
are suggesting that an ecological HI value should not be reduced below
1.0. In the former case, that is not done. Human health and ecological
assessments are independent assessments with their own risk management
criteria.
Hazard Index
Comment: Two commenters stated that hazard quotients (HQ) for
chemical mixes should not be summed to determine the HI unless the
primary effects are on the same organ by the same mechanism; otherwise
the risk would be overestimated. One commenter stated that CAA section
112(d)(4) refers to threshold pollutants, with each health threshold
augmented by an ample margin of safety. These ample margin of safety
values are already incorporated into RfC values. The risk criteria
applied are confined to the effects upon which the RfC is based, which
reflect the most sensitive target organ. According to the commenter, a
decision to add risk posed by chemicals that affect the same target
organ but have unknown mechanisms of action represents an unnecessarily
conservative assumption that would tend to inflate the final risk
estimate.
The commenters also noted that, according to the National Research
Council and the Presidential/Congressional Commission on Risk
Assessment and Risk Management, additivity at low doses is more likely
to overestimate than to underestimate total risk. As stated in the
Commission's 1997 Final Report: ``When the individual components of a
chemical mixture exhibit different kinds of toxicity or have different
biological mechanisms of toxicity, they do not interact--they act
independently at low doses. In that case, the dose-response
relationships for each chemical should be considered independently * *
* [By contrast] studies in which similar chemicals with similar
mechanisms and target were administered simultaneously indicate that
antagonism is the usual outcome * * * '' (Falk and Kotin 1964, Schmal
et al. 1977)
Response: Our recommended approach for assessing risks from
exposure to a mixture of pollutants is to utilize a dose-response
assessment developed for that mixture.4 5 There are few
mixtures (e.g., coke oven emissions), however, for which such
assessments are available. When mixture-specific dose-response
assessments are not available, a component-by-component approach is
recommended. The method for component data depends on a judgment of
toxicologic similarity among components. The specific term toxicologic
similarity represents a general knowledge about the action of a
chemical or a mixture and can be expressed in broad terms such as at
the target organ level in the body. In our guidance, assumptions about
toxicologic similarity are made in order to choose among risk
assessment methods. In general, we assume a similar mode of action
across mixtures or mixture components and, in some cases, this
requirement may be relaxed to require that these chemicals act only on
the same target organ.\6\
---------------------------------------------------------------------------
\4\ U.S. Environmental Protection Agency. 1986. Guidance for
Conducting Health Risk Assessment of Chemical Mixtures. Risk
Assessment Forum, Washington, DC. EPA/630/R-98/002; available at
http://cfpub.epa.gov/ncea/raf/recordisplay.cfm?deid=20533. (EPA
1986).
\5\ U.S. Environmental Protection Agency. 2000. Supplementary
Guidance for Conducting Health Risk Assessment of Chemical Mixtures.
Office of Research and Development. EPA/630/R-00/002 (EPA 2000).
\6\ Ibid.
---------------------------------------------------------------------------
The primary method for component-based risk assessment of
toxicologically similar chemicals is the HI, which is derived from dose
addition. In our guidance, dose addition is interpreted as simple
similar action, where the component chemicals act as if they are
dilutions or concentrations of each other differing only in relative
toxicity. Dose additivity may not hold for all toxic effects.
Furthermore, the relative toxic potency between chemicals may differ
from different types of toxicity or toxicity by different routes. To
reflect these differences, the HI is then usually developed for each
exposure route of interest, and for a single specific toxic effect of
toxicity to a single target organ. A mixture may then be assessed by
several HI, each representing one route and one toxic effect or target
organ.\7\
---------------------------------------------------------------------------
\7\ Ibid.
---------------------------------------------------------------------------
To assess the cumulative risk or hazard associated with nonlinear
effects of HAP in our analysis of PCWP affected sources, HAP hazard
quotients pertaining to the same target organs or systems are summed to
generate TOSHI. While it may be preferable to focus on the addition of
HAP HQ that involve similar or complementary mechanisms or mode of
action, that level of information is not generally available for all of
the HAP on which we are focusing. Pending the availability of such data
for the HAP components of the mixture being assessed, the default
method employed under CAA section 112(c)(9) is to aggregate HAP HQ by
target organ to generate a TOSHI.
Comment: Two commenters supported a HI of 1.0 (or greater) as an
appropriate benchmark for comparing exposures attributable to affected
source emissions, which should fully provide for the statutory mandate
of an ample margin of safety. The commenters referred to the 1997 Final
Report of the Presidential/Congressional Commission on Risk Assessment
and Risk Management in Regulatory Decision-Making as support for their
position. Specifically, the Commission supported a noncancer HI of
10.0, stating that there are few HAP with RfC values within a factor of
10 of their no observable adverse effects level (NOAEL). Because RfC
values are typically one-thousandth of a NOAEL, a noncancer HI of 10.0
in those cases would still leave a margin of exposure of 100. The
Commission recommended that EPA should, on the basis of screening
assessments of source categories, do further risk assessment and
analysis of categories where the noncancer HI exceeds 10.0. Where more
detailed risk assessments yield noncancer hazard indices less than 1.0,
[[Page 46000]]
the Commission recommended that no further action be required. The
commenters agreed that sources should not be required to go below that
level (e.g., to an arbitrary level such as 0.2), arguing that EPA has
neither a legal mandate nor a rational basis for limiting the HI to
less than 1.0.
One of the commenters stated that the comparison of RfC or
similarly-derived health benchmarks to modeled maximum annual average
concentrations is extremely health-protective and meets the ample
margin of safety requirement of the statute. Given this high degree of
conservatism, the commenter stated that neither the CAA nor sound
policy requires that background and multipathway exposures be
incorporated into an evaluation of the degree of risk posed by affected
sources. Under these circumstances, the commenter argued, the mere
possibility of exposure from multiple sources, or multiple HAP from a
single source, does not justify a uniform adjustment to all RfC values
or similarly-derived health benchmarks for all affected sources.
Similarly, the commenter believed that EPA should not mandate modeling
risks from the entire facility, but rather only from the portions of
the facility that are within the source category.
Two other commenters objected to a noncancer HI of 1.0 (or
greater). The first commenter stated that, while the HI is useful in
evaluating site-specific impacts, choosing a generic HI (some multiple
of 1.0) for application to a wide range of sites is inappropriate. The
commenter added that selection of an arbitrary multiple of 1.0 is not
science, does not conform with CAA section 112(d)(4), and does not
protect public health. The commenter stated that the selection of a HI
of 0.2 as a rough screening tool seemed reasonable, although it was
unsupported by any analysis. The commenter added that if a default HI
is used, then EPA should include a provision that would disallow its
use to exclude a facility from MACT if better background information is
available suggesting the default HI does not protect public health.
However, the commenter believed that the CAA does not support an
interpretation that includes the use of such a default to allow
exemptions for individual sources. The commenter believed that the
expansion of the interpretation to include non-threshold pollutants is
in direct conflict with section 112(d)(4).
The second commenter evaluated the four potential options that EPA
proposed to ensure that a risk analysis under CAA section 112(d)(4)
considered the total ambient air concentrations of all the HAP to which
the public is exposed. Option 1, which requires that the HI for all
pollutants be no greater than 1.0, does not consider additional sources
or background and is unacceptable, according to the commenter. Option
3, which uses existing data such as NATA to determine background and
requires that the HI be no greater than 1.0, is also unacceptable,
according to the commenter. The commenter pointed out that EPA has
clearly stated at public meetings that the NATA is not to be used to
make regulatory decisions. (As the first commenter noted, NATA
information includes warnings that the information is useful for large-
scale planning purposes and not for local area assessment.) The
commenter added that NATA relies on data submitted to EPA voluntarily
and has been reported to consistently underestimate measured
concentrations. Until EPA requires that HAP inventories be submitted as
proposed in the Consolidated Emissions Reporting Rule (CERR), and the
NATA conducts refined modeling around stationary sources, the commenter
argued that NATA should not be considered for estimating background
concentrations. Option 4, which allows individual affected sources to
monitor the HAP backgrounds for use in their own analysis, requires
oversight and evaluation by the States to ensure proper site selections
and analytical methods and should not be considered, according to the
commenter. The commenter believed Option 2, which requires that the HI
be no greater than 0.2, would be the only viable option at this time
using a conservative risk screening analysis. However, the commenter
did not endorse using any of the proposed threshold limit applicability
methods to exempt process sources from NESHAP requirements.
Two other commenters raised additional objections to EPA's proposed
methodologies for determining the contribution of other sources to the
overall hazard. The first commenter stated that EPA had not discussed
the need to assess cumulative risks, aggregate exposures, and health
impacts associated with exposure to chemical mixtures emitted from
affected sources within the source categories. The commenter referred
EPA to the extensive progress that has been made in more completely
addressing risks from exposure to air pollution and integrated
decisionmaking in such areas as children's risk issues, cumulative
exposure, and chemical mixtures. The commenter requested that the
recent advancements be incorporated into the risk assessment methods
and overall cost estimates associated with risk-based exemptions in the
proposed rules.
The second commenter stated that EPA's proposed alternative
methodologies for determining the contribution of other sources to
cumulative risk are untenable and deeply flawed. According to the
commenter, the first and second approaches (HI of 1.0 and HI of 0.2)
would allow exemptions based on blanket assumptions about exposure, but
EPA provided no basis for making any assumption. The commenter noted
that the third option suggests relying on existing estimates of
background levels of certain HAP, but argued that these information
sources (e.g., NATA, ATSDR) are neither designed nor adequately precise
to be used as the basis of regulatory applicability determinations.
According to the commenter, EPA has cautioned that NATA emission
estimates ``cannot be used to identify exposures and risks for specific
individuals, or even to identify exposures and risks in small
geographic regions such as a specific census tract.'' (U.S. EPA,
Limitations in the 1996 National-Scale Air Toxics Assessment) The
commenter pointed out that NATA does not estimate exposure to a number
of HAP, (e.g., hydrogen fluoride (HF), HCl), and the ATSDR profiles
offer generalized assessments, but are not specific enough to establish
as baseline for a given facility.
Response: For today's final PCWP rule, we are considering an HI
limit of 1.0 to provide an ample margin of safety for protecting public
health under CAA section 112(c)(9). However, we do not feel that
increasing the HI limit above 1.0 is justified by currently available
science. Safety factors are included in the dose-response values used
to calculate the HI to account for scientific uncertainties, and their
inclusion helps ensure that using a HI limit of 1.0 provides an ample
margin of safety. The TOSHI approach for site-specific risk assessment
in today's final PCWP rule assumes additivity in mixtures of chemicals
that target the same organ system. For their site-specific risk
assessments, affected sources are encouraged to determine TOSHI for
respiratory and CNS effects to simplify analysis. More detailed
analysis of mixture additivity, incorporating mechanistic data and
uncertainty and including dose-response data for specific mixtures,
where available, may also be included in site-specific analyses using
scientifically-accepted, peer-reviewed methodologies. Based on our
analysis, noncancer impacts were dominated primarily by impacts on
[[Page 46001]]
these systems and other target organ systems were found to be
negligibly impacted. We are not using background concentrations from
NATA in today's final PCWP rule. Several commenters presumed the use of
CAA section 112(d)(4) for the PCWP rule as proposed. However, we are
using CAA section 112(c)(9) and not section 112(d)(4). Discussion of
our authority to consider background and multipathway exposures is
provided elsewhere in this section.
Tiered Approach
Comment: Several commenters supported EPA's proposed tiered
modeling approach, which begins with simple look-up tables and
progresses to more refined facility-specific risk assessments. One
commenter noted that the State of Wisconsin uses a tiered approach
similar to the approach proposed by EPA, and in general, this approach
has worked well. The approach first allows sources to demonstrate
compliance if their potential emissions, stack height, and exhaust
direction are within the ranges provided in conservative look-up
tables. The second tier allows facilities to provide site-specific
modeling to demonstrate compliance with ambient air standards at the
property line. Another commenter added that EPA should be flexible in
accepting evolving improvements in exposure assessment and risk
modeling, and should take into account the inherent strengths and
weaknesses of the types of modeling used. A third commenter noted that
most sources would use the tiered modeling approach but believed that
facilities should be allowed to use any EPA-approved modeling technique
to demonstrate that their emissions are below the applicable health
benchmark. The commenter also recommended that, for the final PCWP
rule, EPA adopt the model regulatory text that they provided for the
risk-based framework.
One commenter opposed EPA's proposed tiered modeling approach,
stating that if EPA decided to pursue a generic risk screening approach
under section 112(d)(4), it would need to be conservative. According to
the commenter, the use of a (non-tiered) conservative approach would
represent the least cost to the regulated community and would be the
least time-consuming for States reviewing the facility's application.
Response: We acknowledge the model regulatory text submitted by one
of the commenters. However, as discussed elsewhere, we developed our
own regulatory text to specify how affected sources must demonstrate
that they are part of the low-risk subcategory through low-risk
demonstrations. Also, we will be reviewing the low-risk demonstrations
submitted by PCWP affected sources to remove the burden of reviewing
risk assessments from States.
We will review all risk assessments performed in support of a
demonstration of eligibility for the low-risk subcategory with regard
to a variety of aspects, including the consistency of the methodology
and modeling techniques with those currently accepted by the scientific
community and EPA. However, we will consider assessments that use risk
methodology and modeling techniques in addition to or in lieu of those
described in EPA's ``Air Toxics Risk Assessment Reference Library,'' as
appropriate, provided they have undergone scientific peer review
pertinent to their use in the submitted assessment.
Comment: One commenter stated that, for EPA to conduct an up-front
risk analysis, the procedure would need to be conducted using the most
conservative stack parameters, with a hypothetical facility fence line
to satisfy the many impact scenarios that could occur.
Response: We conducted a rough risk assessment to estimate the
number of PCWP affected sources that might qualify for the delisted
low-risk subcategory. The data used in our rough risk assessment were a
combination of facility-specific data (e.g., process unit throughput)
and industry average data (e.g., industry average stack parameters,
average emission factors for estimating emissions). Facilities do not
qualify for the low-risk subcategory based on our rough risk
assessment, with the exception of eight affected sources who were
determined to pose very low risk based on our analysis (i.e., with
TOSHI less than 0.1, and a cancer risk of less than 0.1 in 1 million).
However, affected sources can qualify for inclusion in the delisted
subcategory by using site-specific emissions test data and the look-up
tables or by conducting a low-risk demonstration, as described in
appendix B to subpart DDDD of 40 CFR part 63 and in other analytical
tools such as the ``Air Toxics Risk Assessment Reference Library,''
(which may be appropriate for specific sources). Look-up tables were
developed using the health-protective air dispersion model SCREEN3.
Stack height and fenceline distance vary in the tables, so affected
sources will choose the most appropriate combination of these
parameters. Invariant facility parameters built into the look-up tables
are either average values or biased towards health-protective values,
based on available data. Thus, we believe the look-up tables are
appropriately health-protective to accommodate the many impact
scenarios that could occur.
Risk Assessment Guidance
Comment: Several commenters stated that EPA neglected to follow its
own guidelines and science policies in its proposal for risk-based
exemptions. One commenter argued that EPA had proposed a disorganized
and cursory approach to implement risk-based exemptions that fell far
below the quality of risk analysis typically required by EPA across its
other programs. According to the commenter, the proposal did not adhere
to EPA's established guidelines for characterizing human health and
ecological risks, did not incorporate risk assessment guidelines for
conducting multi-pathway risk assessments, and did not reference EPA
guidelines for cumulative risk assessment that specifically require
consideration of non-inhalation pathways. The commenter noted that
EPA's March 1995 Risk Characterization Policy set goals of
transparency, clarity, consistency, and reasonableness which apply to
risk assessment practices across EPA. The commenter argued that the
inconsistencies between EPA's proposal to provide risk-based exemptions
in the MACT standard process and its risk assessment guidelines would
undermine many regulatory programs throughout EPA.
The commenter stated that the risk-based scheme was based on a
fundamental misunderstanding of the use of public health and ecological
risk assessments in the regulatory process. The commenter added that
the Federal risk assessment guidelines require EPA to conduct risk
assessments consistently across all Federal environmental programs.
According to the commenter, the approaches outlined by industry's white
papers neglected to include risk characterization, which provides
needed and appropriate information to decision makers. The approaches
also did not incorporate the critical recommendation of the Commission
of Risk Assessment and Risk Management to establish a framework for
stakeholder-based risk management decision making. The commenter stated
that these omissions in the proposal would prevent regulatory agencies
from demonstrating to the public that public health and the environment
are adequately protected.
Several commenters stated that EPA also needed to be consistent
with residual risk guidelines currently under development. One
commenter stated that the tools needed to identify sources
[[Page 46002]]
eligible for the risk-based exemption would be the same tools necessary
for a CAA section 112(f) residual risk assessment, which the commenter
understood were not yet ready for general use. Another commenter noted
that the cancer risk guidelines are currently undergoing public review.
A third commenter stated they had serious reservations about EPA's
apparent attempt to conduct an ad-hoc risk analysis for specific source
categories by seeking comments on the specific elements to be included
in the risk analysis. The commenter did not believe these rulemakings
were an adequate forum to develop this risk analysis process. The
commenter indicated that any risk analysis conducted by the EPA must
adhere to the risk assessment principles outlined in the Residual Risk
Report to Congress.
One commenter argued that the proposal is consistent with EPA risk
assessment guidelines and policies and believed that others' technical
objections were without merit. The commenter added that the
contemplated risk-based applicability criteria were not in conflict
with the classification of carcinogens and noncarcinogens.
Response: We discussed a tiered analytical approach in the preamble
to the proposed rule, beginning with relatively simple lookup tables
and followed by increasingly more site-specific but more resource
intensive tiers of analysis, with each tier being more refined. In
today's final rule, we are adopting a somewhat different approach for
meeting the requirements of CAA section 112(c)(9), as discussed
elsewhere in this preamble. The basis for this approach stems from the
general air toxics assessment approach presented in the Residual Risk
Report to Congress, which was developed with full consideration of EPA
risk assessment policy, guidance, and methodology.
Section 112(c)(9) of the CAA requires us to determine whether the
public and the environment are protected. Any analyses we did to
establish the feasibility of the risk-based approach or to develop
health-protective look-up tables included consideration of human health
as well as ecological criteria. The supporting information to the final
rule details the assessment we conducted to determine the feasibility
of delisting a low-risk subcategory and the look-up tables we developed
to be used by affected sources in their demonstrations, thereby
providing a public demonstration of the method employed to ensure
protection of the public health and environment in decisions associated
with this rule. Additionally, protection against the potential for
exposures via non-inhalation pathways (e.g., ingestion) for persistent,
bioaccumulative HAP is also inherent in the values in the look-up
tables. As discussed previously, and in the supporting information for
the final rule, we conducted a screening assessment of multipathway and
ecological effects for the PCWP source category. We concluded that
multipathway risks are considerably lower than predicted maximum
inhalation risks and that it is unlikely that PCWP affected sources
would pose any significant risk to nearby ecosystems. Therefore,
affected sources are not required to conduct site-specific multipathway
and ecological risk assessments as part of their low-risk
demonstrations.
We agree that the tools needed to identify sources eligible for the
delisted low-risk subcategory of PCWP facilities are the same tools
necessary for a CAA section 112(f) residual risk assessment. And, as
stated in the Residual Risk Report to Congress, we intend to rely on
the general methodology and process illustrated by the framework
presented in that report in our risk assessment activities throughout
the air toxics program. Affected sources must demonstrate eligibility
for the delisted low-risk subcategory using either a look-up table
analysis (based on the look-up tables included in appendix B to subpart
DDDD of this part) or using the suggested site-specific methodology
described together with the criteria in appendix B to subpart DDDD of
this part. The ``Air Toxics Risk Assessment Library,'' developed
specifically for EPA's Residual Risk program, is provided as an example
of one document that could be used for these facility-specific risk
assessments. This document has been peer-reviewed and was developed
according to the principles, tools and methods outlined in the Residual
Risk Report to Congress. However, it may not be appropriate for all
sources, and for that reason sources and EPA may consider alternative
analytical tools for these risk assessments.
The comment that the new cancer guidelines are still under review
is correct but, as stated in the November 29, 2001 Federal Register
notice (66 FR 59593), these 1999 draft guidelines are to be considered
the interim guidance.\8\
---------------------------------------------------------------------------
\8\ U.S. EPA. 1999. Guidelines for Carcinogen Risk Assessment.
NCEA-F-0644. Risk Assessment Forum, Washington, DC.
---------------------------------------------------------------------------
4. Implementation
State and Local Resources
Comment: Several commenters contended that the proposal would place
a very intensive resource demand on State and local agencies (e.g.,
permitting authorities) to review sources' risk assessments. State and
local agencies may not have expertise in risk assessment methodology or
the resources needed to verify information submitted with each risk
assessment. The commenters argued that, if EPA intends to have the
affected industries conduct the analysis, then EPA must consider the
cost incurred by States, which may lack the necessary expertise to
evaluate and review these analyses.
One commenter pointed out that the proposal only considered cost
for the regulated source category, and not for regulatory agencies.
According to the commenter, EPA did not consider the cost and resources
associated with the following: (1) The public process required in
reviewing and approving the proposed approaches and, if approved,
making substantial changes to existing regulations; (2) the development
of methods and guidance for human health and ecological risk
assessments of affected sources; (3) the review by already budgetarily
constrained State agencies of the assessments and assurance of adequate
public participation in the process; and (4) the collection and
verification of source-specific data needed for conducting risk
assessments (e.g., emissions data and stack parameters). The commenter
added that the proposal did not address the critical need for qualified
risk assessors to evaluate the scientific and technical basis for
exempting affected sources from regulation on a case-by-case basis. The
commenter estimated that if one additional full-time employee (FTE)
were required per State to review risk-based exemptions, then the cost
would be an additional $7.5 million annually.
Another commenter pointed out that the ongoing assurance that low-
risk affected sources remain low risk would also increase the burden
for the State and local agencies. The commenter also stated that
diverting State and local resources to focus on presumably
insignificant sources would detract from efforts associated with
significant sources.
A third commenter stated that, since States generally do not have
the right staff or resources to hire additional staff to review lengthy
and complex risk analyses, they may refuse delegation of the PCWP rule,
which would shift the burden to EPA in a time of tight
[[Page 46003]]
budgets. According to the commenter, large expenditures are not
justified when only a small number of facilities may end up qualifying
for an exemption.
By contrast, several commenters stated that a risk-based program
approaches could be structured and implemented in a manner that would
not impose a substantial cost or resource burden on States. One
commenter stated that assuring compliance with risk-based applicability
criteria would be straightforward and would not entail an added
resource burden. Another commenter suggested that EPA work closely with
States and industry to implement the risk-based approach in a non-
burdensome manner. Two commenters stated that the risk-based
approaches, like other MACT standards, would simply be incorporated
into each State's existing title V program. Because the title V
framework already exists, the addition of a risk-based MACT standard
would not require States to overhaul existing permitting programs. One
commenter stated that the risk-based approach would not increase the
number of sources regulated by each State. The commenter believed that
the final MACT rule itself should set forth the applicability criteria,
including the threshold levels of exposure, that sources must meet to
qualify for a risk-based determination. Each source would have the
burden of demonstrating that its exposures are below this limit, and,
therefore, the States would not be required to develop their own risk
assessment guidance or to conduct source-specific risk assessments. One
commenter stated that the risk assessment guidance to be issued by EPA
within the next several months would streamline the risk-based approach
and further reduce any burden on the States. Three commenters supported
having States charge reasonable increased fees (as a component of
annual operating permit fees or other fees) to cover any significant
additional workload demands associated with reviewing more-detailed
tier 2/3 modeling.
Response: We acknowledge that review of the eligibility
demonstrations for the delisted low-risk subcategory will require
resources for verification of information and may require expertise in
risk assessment methodology that is not yet available in some States.
We also acknowledge that States may choose to reject delegation of the
final PCWP rule. To alleviate these concerns and to ensure consistency
in the applicability determinations for the delisted low-risk
subcategory from State-to-State, we will review and approve/disapprove
the low-risk subcategory eligibility demonstrations submitted by PCWP
facilities. As mentioned previously in this preamble, we encourage
facilities to submit their assessments for review early to facilitate a
timely review process.
We have considered the above comments in developing the criteria
defining the delisted low-risk subcategory of PCWP affected sources,
and we feel that the approach that is included in today's final PCWP
rule provides clear, flexible requirements and enforceable compliance
parameters. Today's final PCWP rule provides two ways that an affected
source may demonstrate that it is part of the delisted low-risk
subcategory of PCWP affected sources. First, look-up tables, which are
included in appendix B to subpart DDDD of this part, allow affected
sources to determine, using a limited number of site-specific input
parameters, whether emissions from their sources might cause an HI
limit to be exceeded. Finally, a site-specific modeling approach can be
used by those affected sources that cannot demonstrate that they are
part of the delisted low-risk subcategory using the look-up tables.
With respect to guidance for performing low-risk demonstrations, one
possible available set of procedures for performing risk assessments is
discussed in EPA's ``Air Toxics Risk Assessment Reference Library,''
and may be used, where appropriate.
Only a portion of the 223 PCWP major sources will submit
eligibility demonstrations for low-risk subcategory. Of this portion of
major sources, we feel that most will find themselves in the low-risk
subcategory based on screening analyses (e.g., look-up table). However,
it is likely that some facilities will submit more detailed risk
modeling results. We are experienced in reviewing emission test results
and site-specific risk assessments and will allocate resources for
completion of these tasks. We will review and approve/disapprove low-
risk subcategory eligibility demonstrations based on look-up table
analyses and low-risk demonstrations. Following review of each low-risk
subcategory eligibility demonstration for a facility, we will issue a
letter of approval/disapproval to the facility and will send a carbon
copy to the facility's title V permitting authority to be used to
develop source-specific permit terms and conditions that will ensure
that the source remains eligible for the low risk subcategory. The
letter of notification regarding approval/disapproval of an affected
source's low risk demonstration will also be sent to any other
interested stakeholders. The criteria for low-risk subcategory
delisting are clearly spelled out in today's final PCWP rule, along
with criteria needed to ensure that affected sources in the low-risk
subcategory remain low risk. Because these requirements are clearly
spelled out in today's final PCWP rule and because any standards or
requirements created under CAA section 112 are considered applicable
requirements under 40 CFR part 70, the terms and conditions
demonstrating eligibility for membership in the delisted low-risk
subcategory would be incorporated into title V permits, pursuant to
State's existing permitting programs.
With respect to the burden associated with ongoing assurance that
affected sources remain low risk, the burden to States of assuring that
affected sources continue to be low risk will be no more than the
burden associated with ongoing title V enforcement because the
parameters that rendered an affected source low risk will be reflected
in terms and conditions to be incorporated into the title V permit. We
have developed continuous compliance requirements for affected sources
that initially qualify as low risk, and the affected sources will be
responsible for demonstrating that they continue to be low risk if
changes are made to the affected sources' operations that would affect
the risk that the affected sources pose to human health and the
environment. We will review and approve/disapprove revised low-risk
demonstrations.
With respect to our consideration of the public process required in
reviewing/approving the proposed approaches and making substantial
changes to existing regulations, our inclusion of a risk-based
compliance option in today's final PCWP rule applies only to the PCWP
rule and does not directly impact other regulations. Furthermore, the
PCWP proposal provided the public with the opportunity to comment on
the consideration of risk in the final PCWP rule.
Regarding the assurance of adequate public participation in the
process of reviewing the risk analyses, the risk-based compliance
options are part of a rule that was subject to public comment. The
supporting information to the final rule details the assessment we
conducted to determine the feasibility of delisting a low-risk
subcategory and the look-up tables we developed to be used by affected
sources in their demonstrations, thereby providing a public
demonstration of the method employed to ensure protection of the public
health and environment in
[[Page 46004]]
decisions associated with the final rule. We will be responsible for
reviewing the low-risk demonstrations, but, similar to facilities
requesting applicability determinations regarding promulgated
standards, individual low-risk demonstrations will not be subject to
public review and comment. We will, however, periodically publish
updating notices in the Federal Register identifying any additional
members of the low risk PCWP subcategory (or deletions therefrom),
again, similarly to how we update notices regarding applicability
determinations. These actions will represent final agency actions for
purposes of judicial review under CAA section 307(b)(1). However, the
parameters that rendered an a affected souce part of the low-risk
subcategory will be incorporated into a title V permit and subject to
the public review process through title V.
Comment: One commenter stated that if EPA intends to have the
affected industries conduct the analysis, then EPA must consider the
additional cost incurred by smaller sources to do the analysis.
Response: As mentioned previously, there are two ways that a PCWP
facility may demonstrate eligibility for the delisted low-risk
subcategory: (1) Look-up tables, and (2) a site-specific modeling
approach that can be used by affected sources that cannot demonstrate
eligibility for the delisted low-risk subcategory using the look-up
tables. The look-up tables included in appendix B to subpart DDDD of
this part allow affected sources to determine, using a limited number
of site-specific input parameters, whether they are eligible for the
low-risk subcategory. Attempting to demonstrate eligibility for the
delisted low-risk subcategory is completely voluntary. Affected sources
that are not eligible for the delisted low-risk subcategory based on
look-up tables are not required to pursue a site-specific analysis
(which can be increasingly complex and expensive as it becomes more
refined). Each facility must weigh the costs of making a low-risk
demonstration with the costs of MACT compliance. We feel that in
general the costs associated with demonstrating eligibility for the
low-risk subcategory will be lower than the costs associated with
complying with MACT for many facilities, particularly smaller
facilities and other facilities that have not already otherwise
installed pollution controls. The majority of the cost associated with
demonstrating eligibility for the delisted low-risk subcategory will be
emissions testing costs. Smaller facilities have fewer process units to
be tested, and, because of their lower production rates relative to
larger facilities, they will also likely have lower emissions. Thus,
smaller PCWP affected sources may be more likely than their larger
counterparts to fall into the delisted low-risk subcategory.
Successfully demonstrating eligibility for the low-risk provisions will
result in cost-savings for smaller facilities because these facilities
will not have to expend the costs (e.g., the costs of installing
operating, and maintaining emission controls) for MACT compliance.
The cost and economic analyses developed as part of the MACT
rulemaking were based on the costs to install controls and comply with
the MACT requirements. The costs associated with voluntarily conducting
risk analyses were not estimated. Therefore, our estimate of costs
associated with today's final PCWP rule are conservative, because the
control costs are significantly higher than the costs of conducting
emissions tests and risk analyses.
Title V
Comment: Two commenters opposed implementing the risk-based
approaches through the States' existing title V programs. One commenter
stated that risk-based exemptions are such an implausible
interpretation of the CAA that States do not even have the authority to
grant them under their title V permit programs. The commenter was not
aware of any approach to ensure that emissions remain below specified
levels. According to the commenter, MACT standard applicability is the
gate-keeper for being subject to a title V operating permit. Once a
source is exempt from a MACT standard, it would be exempt from the
monitoring, reporting and recordkeeping requirements needed to
demonstrate compliance.
The other commenter stated that implementing the CAA section
112(d)(4) exemption interpretation through title V would be unlawful
and unworkable. The commenter stated that Congress knew how to
authorize States to establish case-by-case emission standards and
implement them using post-rulemaking title V permits because it did so
in CAA section 112(j). However, it did not do so in section 112(d)(4).
The commenter argued that EPA lacks the authority to delegate section
112(d)(4) to the States and may not implement any section 112(d)(4)
applicability cutoff through a post-rulemaking mechanism such as a
title V permit. With the exception of carefully delineated compliance
monitoring, reporting, and certification provisions in the statute,
title V permits may not create applicable requirements or exemptions
from applicable requirements. The commenter added that, even if this
approach is legal, it is still unworkable because of the resource
challenges faced by States and the widespread delays in issuing title V
permits. The commenter noted that State permit engineers and officials
that prepare and issue title V permits generally are not experts in
risk assessment or air dispersion modeling. According to the commenter,
States and the public would be confronted with more self-serving
facility arguments and data than could be adequately scrutinized, which
could cause important health and risk determinations to be rubber
stamped or cause the permit process to grind to a halt. The commenter
added that most State title V permit programs are already behind the
statute's permit issuance deadlines, and implementation of EPA's risk-
based approach would exacerbate this unlawful situation further.
Several commenters supported implementing the risk-based approaches
in the PCWP rule as proposed through the States' existing title V
programs. One commenter suggested that States which qualify and choose
to do so should be delegated the authority to implement the risk-based
alternatives. The commenter added that this would allow States to
coordinate between the MACT alternatives and State air toxics
requirements.
A second commenter stated that implementing the CAA section
112(d)(4) risk-based approach though title V would be lawful and
workable. According to the commenter, no facility-specific post-
rulemaking mechanisms nor expansion of the scope of title V permit
process would be necessary, just the incorporation of the NESHAP's
risk-based compliance option, which would contain the criteria for
showing what the source would have to meet to qualify for the risk-
based approach. The commenter stated that the objections from other
commenters to the risk-based criteria were invalid, arguing that their
objections were in tension with the conclusions of a CAAAC Workgroup on
State/Local/Tribal air toxics issues and that their comments provided
no basis for concluding that States lack the legal authority to
implement the risk-based approach.
A third commenter noted that title V permits could provide
enforceable limitations, appropriate recordkeeping requirements, and
periodic review upon renewal. The commenter added that, since the PCWP
rule would apply only to major sources, title V permits already are
required and would not be an added
[[Page 46005]]
burden; title V could also be used to implement applicability cutoffs.
However, the workload involved with the options requiring modeling,
ambient monitoring, or other means to establish background
concentrations would be a hindrance to any implementation mechanism.
The commenter stated that, with respect to potential risk-based
provisions, monitoring is more useful for demonstrating non-compliance
than compliance because the regulation would apply to potential
emissions under any weather conditions, whereas monitoring reflects
current weather and emission conditions.
A fourth commenter suggested changes to the Sec. 63.2240 of the
proposed rule that would incorporate permitting procedures similar to
those under 40 CFR part 70, which would allow facilities that pose
little risk in their respective airsheds to apply for a risk
determination to be incorporated into their title V permits. Each
source applying to be permitted as a subcategorized toxic emitter with
an acceptable risk determination would be required to perform detailed
risk analyses for review by the public at large, local citizens, State
agencies, and Federal authorities. This permitting exercise would allow
managers of the airshed to develop custom-fit compliance plans that
address source-specific risks and would allow the most flexibility for
forest producers to reduce their identified risks.
Response: As discussed previously, we have determined that a CAA
section 112(d)(4) risk-based exemption would not be appropriate for the
PCWP source category. Instead, using our discretion in establishing
subcategories of sources based on size, type, class, or other
appropriate criteria under CAA sections 112(d)(1) and (c)(1), we have
established a low-risk subcategory of PCWP facilities, and delisted
that subcategory under CAA section 112(c)(9)(B). The requirements for
qualifying for and remaining in the delisted low-risk subcategory are
clearly spelled out in appendix B to subpart DDDD of this part, and any
standards or requirements created under CAA section 112 are considered
applicable requirements under 40 CFR part 70. Unless a PCWP source
meets these conditions, it will remain subject to the PCWP MACT rules.
Therefore, the parameters used to demonstrate that facilities are part
of the delisted low-risk subcategory would be incorporated into title V
permits as federally enforceable permit terms, and States would not
have to overhaul existing permitting programs. We note that our rules
implementing title V of the CAA specifically provide for situations
such as this. For example, in its provisions governing what types of
permit revisions may proceed through the abbreviated ``minor permit
modification'' process, our rules state that such procedures may not be
used ``to establish or change a permit term or condition for which
there is no corresponding underlying applicable requirement and that
the source has assumed to avoid an applicable requirement to which the
source would otherwise be subject.'' 40 CFR 70.7(e)(2)(i)(A)(4); 40 CFR
71.7(e)(1)(i)(A)(4). We feel that permit terms reflecting a low risk
PCWP source's eligibility clearly represent such terms, and are,
therefore, allowed under title V. Also, such terms would be required to
be added or revised through the more formal ``significant
modification'' procedures of 40 CFR 70.7(e)(4) and 40 CFR 71.7(e)(3).
Facilities that qualify as part of the delisted low-risk
subcategory will initially demonstrate that they are low-risk using
either the look-up tables or site-specific monitoring. They will
demonstrate that risk does not increase by documenting that parameters
that impact the risk analysis do not change in a way that increases
risk. Facilities will not be required to perform detailed risk analyses
for public review, although the public will have an opportunity to
comment on draft permit terms and conditions that reflect low risk
demonstrations, and to judicially challenge final EPA approvals of
eligibility demonstrations under CAA section 307(b)(1).
We acknowledge the resource challenges faced by States, and,
therefore, we will retain the authority to review and approve/
disapprove the low-risk subcategory eligibility demonstrations
submitted by PCWP facilities.
With regard to the title V permit programs being behind the
statute's permit issuance deadlines, the incorporation of the NESHAP
requirements is a necessary step that will require some resources.
Inclusion of the low-risk subcategory delisting should be a
straightforward part of the process and should not cause significant
delay.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and, therefore, subject to OMB review and the requirements of the
Executive Order. The 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 planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation 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 the final rule is a ``significant regulatory action''
because the annual costs of complying with the final rule are expected
to exceed $100 million. As such, this action was submitted to OMB for
EO 12866 review. Changes made in response to OMB suggestions or
recommendations are documented in the public record (see ADDRESSEES
section of this preamble).
We did not estimate health and welfare benefits associated with
changes in emissions of HAP, CO, VOC, PM, NOX and
SO2 for the final rule.
B. Paperwork Reduction Act
The information collection requirements in the final rule have been
submitted for approval to the OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. (ICR 1984.02) The information collection
requirements are not enforceable until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to Agency
policies set forth in 40 CFR part 2, subpart B.
Today's final rule will require maintenance inspections of the
control devices but will not require any
[[Page 46006]]
notifications or reports beyond those required by the NESHAP General
Provisions. The recordkeeping requirements require only the specific
information needed to assure compliance.
The annual monitoring, reporting, and recordkeeping burden for this
collection (averaged over the first 3 years after the effective date of
the rule) is estimated to be 4,692 labor hours per year, at a total
annual cost of $250,528. This estimate includes notifications that
facilities are subject to the rule; notifications of performance tests;
notifications of compliance status, including the results of
performance tests and other initial compliance demonstrations that do
not include performance tests; SSM reports; semiannual compliance
reports; and recordkeeping. In addition to the requirements of 40 CFR
part 63, subpart A, facilities that wish to implement emissions
averaging provisions must submit an EAP. Facilities may also submit a
request for a routine control device maintenance exemption to justify
the need for routine maintenance on the control device and to show how
the facilities plan to minimize emissions to the greatest extent
possible during the maintenance. The average number of respondents
during the 3-year period after the effective date of the rule is 220,
and the average number of responses estimated to be submitted is 197.
The resulting estimated burden per response is 24 hours. Total capital/
startup costs associated with the testing, monitoring, reporting, and
recordkeeping requirements over the 3-year period of the ICR are
estimated to be $122,040, with operation and maintenance costs of
$5,178.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The OMB
control numbers for the information collection requirements in the
final rule will be listed in an amendment to 40 CFR part 9 in a
subsequent Federal Register document after OMB approves the ICR.
C. Regulatory Flexibility Analysis
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with this final rule. The
EPA has also determined that the final rule will not have a significant
economic impact on a substantial number of small entities.
For purposes of assessing the impacts of today's final rule on
small entities, small entity is defined as: (1) a small business
ranging from 500 to 750 employees depending on the businesses NAICS
code; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impact of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
We have determined that, based on SBA size definitions for the affected
industries and reported sales and employment data, 17 of the 52
companies, or 32 percent, owning affected facilities are small
businesses. Although small businesses represent 32 percent of the
companies within the source category, they are expected to incur 8
percent of the total industry compliance costs of $142 million. There
are three small firms with compliance costs equal to or greater than 3
percent of their sales. In addition, there are seven small firms with
cost-to-sales ratios between 1 and 3 percent.
We performed an economic impact analysis to estimate the changes in
product price and production quantities for the firms affected by this
rule. The analysis shows that of the 32 facilities owned by affected
small firms, one small firm would be expected to shut down rather than
incur the cost of compliance with the rule. Although any facility
closure is cause for concern, it should be noted that the baseline
economic condition of the facilities predicted to close affects the
closure estimate provided by the economic model. Facilities which are
already experiencing adverse economic conditions for reasons
unconnected to this rule are more vulnerable to the impact of any new
costs than those that are not.
The analysis indicates that the final rule should not generate a
significant economic impact on a substantial number of small entities
for the PCWP manufacturing source category for the following reasons.
First, of the ten small firms that have compliance costs greater than 1
percent of sales, three small firms have compliance costs of greater
than 3 percent of sales. Second, the results of the economic impact
analysis show that one facility owned by a small firm out of the 32
facilities owned by affected small firms may close due to the
implementation of the final rule. The facility that may close rather
than incur the cost of compliance appears to have low profitability
levels currently. It also should be noted that the estimate of
compliance costs for this facility is likely to be an overestimate due
to the lack of facility-specific data available to assign a precise
control cost in this case.
Although the final rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of the rule on small entities. First, we considered
subcategorization based on production and throughput level to determine
whether smaller process units would have a different MACT floor than
larger process units. Our data show that subcategorization based on
size would not result in a less stringent level of control for the
smaller process units. Second, we chose to set the control requirements
at the MACT floor control level and not at a control level more
stringent. Thus, the control level specified in the final PCWP rule is
the least stringent allowed by the CAA. Third, the final rule contains
multiple compliance options to provide facilities with the flexibility
to comply in the least costly manner while maintaining a workable and
enforceable rule. The compliance options include emissions averaging
and PBCO which allow inherently low-emitting process units to comply
without installing add-on control devices and facilities to use
innovative technology and P2 methods. Fourth, the final rule includes
multiple test method options for measuring methanol, formaldehyde, and
total HAP. Fifth, the final rule allows PCWP facilities to demonstrate
eligibility for the delisted low-risk subcategory and thereby avoid
MACT altogether. In addition, we worked with various trade associations
during the development of the final rule.
As discussed in earlier sections of this preamble, we present the
impacts of the
[[Page 46007]]
rule associated with allowing PCWP facilities to demonstrate
eligibility for the delisted low-risk subcategory and thereby avoid
MACT altogether. The number of small businesses impacted is reduced to
seven from the original 17, and the total number of businesses impacted
is reduced to 42, down from the original 52. Small businesses represent
17 percent of the companies within the source category, which is down
from the 32 percent estimate for the final rule. These small businesses
are expected to incur 4 percent of the total industry compliance costs
of $74 million (the costs considering inclusion of the delisted low-
risk subcategory). There are no small firms with compliance costs equal
to or greater than 3 percent of their sales as compared to three for
the final rule. In addition, there are four small firms with cost-to-
sales ratios between 1 and 3 percent, which is down from seven for the
final rule.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
aggregate, or by the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least-costly, most cost-effective, or least-burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Since the final rule is estimated to impose costs to the private
sector in excess of $100 million per year, it is considered a
significant regulatory action. Therefore, we have prepared the
following statement with respect to sections 202 through 205 of the
UMRA.
1. Statutory Authority
This final rule establishes control requirements for existing and
new PCWP sources pursuant to section 112 of the CAA. The CAA requires
NESHAP to reflect the maximum degree of reduction in emissions of HAP
that is achievable. This is commonly referred to as MACT. Section
112(d)(3) of the CAA further defines a minimum level of control that
can be considered for MACT standards, commonly referred to as the MACT
floor, which for new sources is the level of control achieved by the
best controlled similar source, and for existing sources is the level
of control achieved by the average of the best performing 12 percent of
sources in the category (or the best-performing five sources for
categories with fewer than 30 sources).
Control technologies and their performance are discussed in the
background information document for this proposal (Docket numbers A-98-
44 and OAR-2003-0048). We considered emission reductions, costs,
environmental impacts, and energy impacts in selecting the MACT
standards. The final standards achieve sizable reductions in HAP and
other pollutant emissions.
2. Social Costs and Benefits
The regulatory analyses prepared for the final rule, including our
assessment of costs and benefits, is detailed in the ``Regulatory
Impact Analysis for the Plywood and Composite Wood Products NESHAP'' in
Docket ID No. A-98-44. Based on estimated compliance costs associated
with the final rule and the predicted change in prices and production
in the affected industries, the estimated social costs of the final
rule are $135.1 million (1999 dollars). The social costs of the final
rule are the costs imposed upon society as a result of efforts toward
compliance, and include the effects upon consumers of products made by
the affected facilities.
It is estimated that 3 years after implementation of the final
rule, HAP would be reduced by 9,900 Mg/yr (11,000 tons/yr) due to
reductions in formaldehyde, acetaldehyde, acrolein, methanol and other
HAP from PCWP sources. Formaldehyde and acetaldehyde have been
classified as ``probable human carcinogens.'' Acrolein, methanol and
the other HAP are not considered carcinogenic, but produce several
other toxic effects. The requirements of the final rule would also
achieve reductions of 9,500 Mg/yr (10,000 tons/yr) of CO, approximately
11,000 Mg/yr (12,000 tons/yr) of PM10, and approximately 25,000 Mg/yr
(27,000 tons/yr) of VOC (approximated as THC). Exposure to CO can
effect the cardiovascular system and the CNS. The PM emissions can
result in fatalities and many respiratory problems (such as asthma or
bronchitis). These estimates will be reduced to the extent facilities
demonstrate eligibility to be included in the delisted low-risk
subcategory. These estimated reductions occur from existing sources in
operation 3 years after implementation of the requirements of the final
rule and are expected to continue throughout the life of the sources.
Human health effects associated with exposure to CO include
cardiovascular system and CNS effects, which are directly related to
reduced oxygen content of blood and which can result in modification of
visual perception, hearing, motor and sensorimotor performance,
vigilance, and cognitive ability. The VOC emissions reductions may lead
to some reduction in ozone concentrations in areas in which the
affected sources are located. There are both human health and welfare
effects that result from exposure to ozone, and these effects are
listed in Table 3 of this preamble.
As mentioned earlier in this preamble, we are unable to provide a
comprehensive quantification and monetization of the HAP-related
benefits of the final rule. Nevertheless, it is possible to derive
rough estimates for one of the more important benefit categories, i.e.,
the potential number of cancer cases avoided and cancer risk reduced as
a result of the imposition of the MACT level of control on this source
category. Our analysis suggests that imposition of the MACT level of
control would reduce cancer cases by less than one case per year, on
average, starting some years after implementation of the standards. We
present these results in the RIA. This risk reduction estimate is
uncertain and should be regarded as an extremely rough estimate and
should be viewed in the context of the full spectrum of unquantified
noncancer effects associated with the HAP reductions.
[[Page 46008]]
At the present time, we cannot provide a monetary estimate for the
benefits associated with the reductions in CO. We also did not provide
a monetary estimate for the benefits associated with the changes in
ozone concentrations that result from the VOC emissions reductions
since we are unable to do the necessary air quality modeling to
estimate the ozone concentration changes. For PM10, we did
not provide a monetary estimate for the benefits associated with the
reduction of these emissions, although these reductions are likely to
have significant health benefits to populations living in the vicinity
of affected sources.
There may be increases in NOX emissions associated with
today's final rule as a result of increased use of incineration-based
controls. These NOX emission increases by themselves could
cause some increase in ozone and PM concentrations, which could lead to
impacts on human health and welfare as listed in Table 3 of this
preamble. The potential impacts associated with increases in ambient PM
and ozone due to these emission increases are discussed in the RIA. In
addition to potential NOX increases at affected sources,
today's final rule may also result in additional electricity use at
affected sources due to application of controls. These potential
increases in electricity use may increase emissions of SO2
and NOX from electricity generating utilities. As such, the
final rule may result in additional health impacts from increased
ambient PM and ozone from these increased utility emissions. However,
it is possible that the Acid Rain trading program may serve to keep
SO2 emissions from increasing, and the NOX SIP
call may serve to mitigate increases of NOX. We did not
quantify or monetize these impacts.
Every benefit-cost analysis examining the potential effects of a
change in environmental protection requirements is limited to some
extent by data gaps, limitations in model capabilities (such as
geographic coverage), and uncertainties in the underlying scientific
and economic studies used to configure the benefit and cost models.
Deficiencies in the scientific literature often result in the inability
to estimate changes in health and environmental effects, such as
potential increases in premature mortality associated with increased
exposure to CO. Deficiencies in the economics literature often result
in the inability to assign economic values even to those health and
environmental outcomes which can be quantified. These general
uncertainties in the underlying scientific and economics literatures
are discussed in detail in the RIA and its supporting documents and
references.
3. Regulatory Alternatives Considered
The final standards reflect the MACT floor, the least stringent
regulatory alternative required under the CAA. In addition, the final
rule includes the least burdensome and most flexible monitoring,
reporting, and recordkeeping requirements that we feel will assure
compliance with the compliance options and rule requirements.
Therefore, the standards reflect the least costly, most cost-effective,
and least burdensome regulatory option that achieves the objectives of
the final rule.
4. Effects on the National Economy
The economic impact analysis for the final rule estimates effects
upon employment and foreign trade for the industries affected by the
rule. The total reduction in employment for the affected industries is
0.3 percent of the current employment level (or 225 employees). This
estimate includes the increase in employment among firms in these
industries that do not incur any cost associated with the final rule.
There is also minimal change in the foreign trade behavior for the
firms in these industries since the level of imports of affected
composite wood products only increases by less than 0.1 percent. There
will be reductions in effects on the national economy associated with
eligibility of sources for the delisted low-risk subcategory. The
employment level will now be reduced by 126 employees, which is 99
fewer than the reduction estimated for the final rule. The increase in
the level of imports is half as large as that for the final rule.
5. Consultation With Government Officials
Throughout the development of the final rule, we interacted with
representatives of affected State and local officials to inform them of
the progress of our rulemaking efforts. We also consulted with
representatives from other entities affected by the final rule, such as
the American Forest & Paper Association, National Council for Air and
Stream Improvement, APA-The Engineered Wood Association, Composite
Panel Association, American Hardboard Association, Hardwood Plywood and
Veneer Association, and representatives from affected companies.
The number of small entities that are significantly affected by
today's final PCWP standards is not expected to be substantial. The
final rule contains no regulatory requirements that might significantly
affect small governments because no PCWP facilities are owned by such
governments. The full analysis of potential regulatory impacts on small
organizations, small governments, and small businesses is included in
the economic impact analysis in the docket and is listed at the
beginning of today's action under SUPPLEMENTARY INFORMATION. Because
the number of small entities that are likely to experience significant
economic impacts as a result of today's final standards is not expected
to be substantial, no plan to inform and advise small governments is
required under section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.'' Under Executive Order 13132, the EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State law
unless EPA consults with State and local officials early in the process
of developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to OMB, in a separately identified section of the preamble
to the rule, a federalism summary impact statement (FSIS). The FSIS
must include a description of the extent of EPA's prior consultation
with State and local officials, a summary of the nature of their
concerns and EPA's position supporting the need to issue the
regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when EPA transmits a
draft final rule with
[[Page 46009]]
federalism implications to OMB for review pursuant to Executive Order
12866, it must include a certification from EPA's Federalism Official
stating that EPA has met the requirements of Executive Order 13132 in a
meaningful and timely manner.
Today's final rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. None of the affected facilities
are owned or operated by State governments, and the final rule
requirements will not supercede State regulations that are more
stringent. Thus, the requirements of Executive Order 13132 do not apply
to the final rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 6, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
Today's final rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. No
affected plant sites are owned or operated by Indian tribal
governments. Thus, Executive Order 13175 does not apply to the final
rule.
G. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant,'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to feel may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
The Agency does not have reason to feel that the environmental
health or safety risks associated with the emissions addressed by
today's final rule present a disproportionate risk to children. This
demonstration is based on the fact that the noncancer human health
values we used in our analysis (e.g., RfC) are determined to be
protective of sensitive subpopulations, including children. Also, while
the cancer human health values do not always expressly account for
cancer effects in children, the cancer risks posed by PCWP facilities
that meet the eligibility criteria for being included in the delisted
low-risk subcategory will be sufficiently low so as not to be a concern
for anyone in the population, including children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
Executive Order 13211 (66 FR 28355, May 22, 2001) provides that
agencies shall prepare and submit to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and Budget, a
Statement of Energy Effects for certain actions identified as
``significant energy actions.'' Section 4(b) of Executive Order 13211
defines ``significant energy actions'' as ``any action by an agency
(normally published in the Federal Register) that promulgates or is
expected to lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of proposed rulemaking,
and notices of proposed rulemaking: (1)(i) That is a significant
regulatory action under Executive Order 12866 or any successor order,
and (ii) is likely to have a significant adverse effect on the supply,
distribution, or use of energy; or (2) that is designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.'' The final rule is not a ``significant
energy action'' because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The basis for the
determination is as follows.
The final rule affects manufacturers in the softwood veneer and
plywood (NAICS 321212), reconstituted wood products (NAICS 321219), and
engineered wood products (NAICS 321213) industries. There is no crude
oil, fuel, or coal production from these industries. Hence, there is no
direct effect on such energy production related to implementation of
this proposal. In fact, as previously mentioned in this preamble, there
will be an increase in energy consumption, and hence an increase in
energy production, resulting from installation of RTO and WESP likely
needed for sources to meet the requirements of the final rule. This
increase in energy consumption is equal to 718 GWh/yr for electricity
and 45 million m3/yr (1.6 billion ft3/yr) for
natural gas. These increases are equivalent to 0.012 percent of 1998
U.S. electricity production and 0.000001 percent of 1998 U.S. natural
gas production.\9\ It should be noted, however, that the reduction in
demand for product output from these industries may lead to a negative
indirect effect on such energy production, for the output reduction
will lead to less energy use by these industries and thus some
reduction in overall energy production.
---------------------------------------------------------------------------
\9\ U.S. Department of Energy, Energy Information
Administration. Annual Energy Review, End-Use Energy Consumption for
1998. Located on the Internet at http://www.eia.doe.gov/emeu/aer/enduse.html.
---------------------------------------------------------------------------
For fuel production, the result of this indirect effect from
reduced product output is a reduction of only about 1 barrel per day
nationwide, or a 0.00001 percent reduction nationwide based on 1998
U.S. fuel production data.\10\ For coal production, the resulting
indirect effect from reduced product output is a reduction of only
2,000 tons per year nationwide, or only a 0.00001 percent reduction
nationwide based on 1998 U.S. coal production data. For electricity
production, the resulting indirect effect from reduced product output
is a reduction of 42.8 GWh/yr, or only a 0.00013 percent reduction
nationwide based on 1998 U.S. electricity production data. Given that
the estimated price increase for product output from any of the
affected industries is no more than 2.5 percent, there should be no
price increase for any energy type by more than this amount. The cost
of energy distribution should not be affected by the final rule at all
since the rule does not affect energy distribution facilities. Finally,
with changes in net exports being a minimal percentage of domestic
output (0.01 percent) from the affected industries, there will be only
a negligible change in international trade, and hence in dependence on
foreign energy supplies. No other adverse outcomes are expected to
occur with regards to energy supplies. Thus, the net effect of the
final rule on energy
[[Page 46010]]
production is an increase in electricity output of 0.012 percent
compared to 1998 output data, and a negligible change in output of
other energy types. All of the results presented above account for the
passthrough of costs to consumers, as well as the cost impact to
producers. These results also account for how energy use is related to
product output for the affected industries.\11\ For more information on
the estimated energy effects, please refer to the background memo \12\
to these calculations and the economic impact analysis for the final
rule. The background memo and economic impact analysis are available in
the public docket.
---------------------------------------------------------------------------
\10\ Ibid.
\11\ U.S. Department of Energy, Energy Information
Administration. 1998 Manufacturing Energy Consumption Survey.
Located on the Internet at http://www.eia.doe.gov/emeu/mecs/mecs98/datatables/contents.html.
\12\ U.S. Environmental Protection Agency. ``Energy Impact
Analysis of the Proposed Plywood and Composite Wood Products
NESHAP.'' July 30, 2001.
---------------------------------------------------------------------------
The impacts from consideration of a low-risk subcategory are a
reduction in all of the energy impacts listed above. For fuel
production, the result of this indirect effect from reduced product
output is a reduction of only about 0.6 barrel per day nationwide, or a
0.000007 percent reduction nationwide based on 1998 U.S. fuel
production data.\13\ This is a 0.4 barrel smaller reduction than that
estimated for the final rule. For coal production, the resulting
indirect effect from reduced product output is a reduction of only 950
tons per year nationwide, or only a 0.0000044 percent reduction
nationwide based on 1998 U.S. coal production data. This is a smaller
reduction than that estimated for the final rule by 1,050 tons per
year. For electricity production, the resulting indirect effect from
reduced product output is a reduction of 20.7 million kWh/yr, or only a
0.00006 percent reduction nationwide based on 1998 U.S. electricity
production data. This is a smaller output reduction than that estimated
for the final rule by 22.1 million kWh/yr. Given that the estimated
price increase for product output from any of the affected industries
is no more than 2.5 percent, there should be no price increase for any
energy type by more than this amount. The cost of energy distribution
should not be affected by the final rule at all since the rule does not
affect energy distribution facilities. Finally, with changes in net
exports being a minimal percentage of domestic output (0.006 percent,
or practically the same as that for the final rule) from the affected
industries, there will be only a negligible change in international
trade, and hence in dependence on foreign energy supplies. No other
adverse outcomes are expected to occur with regards to energy supplies.
Thus, the net effect on energy production if facilities are eligible
for the low-risk source category is an increase in electricity output
of 0.008 percent compared to 1998 output data, and a negligible change
in output of other energy types. This is a 0.004 percent smaller
increase in electricity output compared to the impact of the final
rule. All of the results presented above account for the passthrough of
costs to consumers, as well as the cost impact to producers. These
results also account for how energy use is related to product output
for the affected industries.\14\
---------------------------------------------------------------------------
\13\ Ibid.
\14\ U.S. Department of Energy, Energy Information
Administration. 1998 Manufacturing Energy Consumption Survey.
Located on the Internet at http://www.eia.doe.gov/emeu/mecs/mecs98/datatables/contents.html.
---------------------------------------------------------------------------
Therefore, we conclude that the final rule is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law No. 104-113; 15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
voluntary consensus standards.
The final rulemaking involves technical standards. The EPA cites
the following standards in the final rule: EPA Methods 1, 1A, 2, 2A,
2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 18, 25A, and 29 in 40 CFR part 60,
appendix A; 204 and 204A through F in 40 CFR part 51, appendix M; 308,
316, and 320 in 40 CFR part 63, appendix A; EPA Method 0011 in EPA
publication no. SW 846 (``Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods'') for formaldehyde; and two NCASI methods:
NCASI Method CI/WP-98.01 (1998), ``Chilled Impinger Method For Use At
Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol,''
and NCASI Method IM/CAN/WP-99.02 (2003), ``Impinger/Canister Source
Sampling Method For Selected HAPs and Other Compounds at Wood Products
Facilities.''
Consistent with the NTTAA, EPA conducted searches to identify
voluntary consensus standards in addition to these EPA methods/
performance specifications. No applicable voluntary consensus standards
were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 204A through
204F, 308, and 316. The search and review results have been documented
and are placed in Docket numbers OAR-2003-0048 and A-98-44 for the
final rule.
One voluntary consensus standard was identified as an acceptable
alternative to EPA test methods for the purposes of the final rule. The
voluntary consensus standard ASTM D6348-03, ``Standard Test Method for
Determination of Gaseous Compounds by Extractive Direct Interface
Fourier Transform Infrared (FTIR) Spectroscopy,'' is an acceptable
alternative to EPA Method 320 provided that the percent R as determined
in Annex A5 of ASTM D6348-03 is equal or greater than 70 percent and
less than or equal to 130 percent. Also, the moisture determination in
ASTM D6348-03 is an acceptable alternative to the measurement of
moisture using EPA Method 4.
In addition to the voluntary consensus standards the EPA uses in
the final rule, the search for emissions measurement procedures
identified 13 other voluntary consensus standards. The EPA determined
that 11 of those 13 voluntary consensus standards identified for
measuring emissions of the HAP or surrogates subject to emission
standards in the rule were impractical alternatives to EPA test methods
for the purposes of the final rule. Therefore, EPA does not intend to
adopt those standards for that purpose. (See Dockets A-44-98 and OAR-
2003-0048 for the reasons for the determination for the 11 methods.)
Table 4 to subpart DDDD of 40 CFR part 63 lists the EPA testing
methods included in the regulation. Under Sec. Sec. 63.7(f) and
63.8(f) of subpart A of the General Provisions, a source may apply to
EPA for permission to use alternative test methods or alternative
monitoring requirements in place of any of the EPA testing methods,
performance specifications, or procedures.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 46011]]
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). The final rule will be effective September 28, 2004.
List of Subjects
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Incorporation by reference, Reporting and recordkeeping
requirements.
40 CFR Part 429
Environmental protection, Forests and forest products, Furniture
industry, Waste treatment and disposal, Water pollution control.
Dated: February 26, 2004.
Michael O. Leavitt,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--[Amended]
0
2. Section 63.14 is amended by adding paragraph (b)(54) and revising
paragraph (f) to read as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) * * *
(54) ASTM D6348-03, Standard Test Method for Determination of
Gaseous Compounds by Extractive Direct Interface Fourier Transform
Infrared (FTIR) Spectroscopy, incorporation by reference (IBR) approved
for Table 4 to Subpart DDDD of this part and Appendix B to subpart DDDD
of this part as specified in the subpart.
* * * * *
(f) The following material is available from the National Council
of the Paper Industry for Air and Stream Improvement, Inc. (NCASI),
P.O. Box 133318, Research Triangle Park, NC 27709-3318 or at http://www.ncasi.org.
(1) NCASI Method DI/MEOH-94.02, Methanol in Process Liquids GC/FID
(Gas Chromatography/Flame Ionization Detection), August 1998, Methods
Manual, NCASI, Research Triangle Park, NC, IBR approved for Sec.
63.457(c)(3)(ii) of subpart S of this part.
(2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At
Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol,
1998, Methods Manual, NCASI, Research Triangle Park, NC, IBR approved
for Table 4 to Subpart DDDD of this part.
(3) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling
Method For Selected HAPs and Other Compounds at Wood Products
Facilities, January 2004, Methods Manual, NCASI, Research Triangle
Park, NC, IBR approved for Table 4 to Subpart DDDD of this part and
Appendix B to subpart DDDD of this part.
* * * * *
0
3. Part 63 is amended by adding subpart DDDD to read as follows:
Subpart DDDD--National Emission Standards for Hazardous Air
Pollutants: Plywood and Composite Wood Products
Sec.
What This Subpart Covers
63.2230 What is the purpose of this subpart?
63.2231 Does this subpart apply to me?
63.2232 What parts of my plant does this subpart cover?
63.2233 When do I have to comply with this subpart?
Compliance Options, Operating Requirements, and Work Practice
Requirements
63.2240 What are the compliance options and operating requirements
and how must I meet them?
63.2241 What are the work practice requirements and how must I meet
them?
General Compliance Requirements
63.2250 What are the general requirements?
63.2251 What are the requirements for the routine control device
maintenance exemption?
Initial Compliance Requirements
63.2260 How do I demonstrate initial compliance with the compliance
options, operating requirements, and work practice requirements?
63.2261 By what date must I conduct performance tests or other
initial compliance demonstrations?
63.2262 How do I conduct performance tests and establish operating
requirements?
63.2263 Initial compliance demonstration for a dry rotary dryer.
63.2264 Initial compliance demonstration for a hardwood veneer
dryer.
63.2265 Initial compliance demonstration for a softwood veneer
dryer.
63.2266 Initial compliance demonstration for a veneer redryer.
63.2267 Initial compliance demonstration for a reconstituted wood
product press or board cooler.
63.2268 Initial compliance demonstration for a wet control device.
63.2269 What are my monitoring installation, operation, and
maintenance requirements?
Continuous Compliance Requirements
63.2270 How do I monitor and collect data to demonstrate continuous
compliance?
63.2271 How do I demonstrate continuous compliance with the
compliance options, operating requirements, and work practice
requirements?
Notifications, Reports, and Records
63.2280 What notifications must I submit and when?
63.2281 What reports must I submit and when?
63.2282 What records must I keep?
63.2283 In what form and how long must I keep my records?
Other Requirements and Information
63.2290 What parts of the General Provisions apply to me?
63.2291 Who implements and enforces this subpart?
63.2292 What definitions apply to this subpart?
Tables to Subpart DDDD of Part 63
Table 1A to Subpart DDDD of Part 63--Production-Based Compliance
Options
Table 1B to Subpart DDDD of Part 63--Add-On Control Systems
Compliance Options
Table 2 to Subpart DDDD of Part 63--Operating Requirements
Table 3 to Subpart DDDD of Part 63--Work Practice Requirements
Table 4 to Subpart DDDD of Part 63--Requirements for Performance
Tests
Table 5 to Subpart DDDD of Part 63--Performance Testing and Initial
Compliance Demonstrations for the Compliance Options and Operating
Requirements
Table 6 to Subpart DDDD of Part 63--Initial Compliance
Demonstrations for Work Practice Requirements
Table 7 to Subpart DDDD of Part 63--Continuous Compliance With the
Compliance Options and Operating Requirements
Table 8 to Subpart DDDD of Part 63--Continuous Compliance With the
Work Practice Requirements
Table 9 to Subpart DDDD of Part 63--Requirements for Reports
Table 10 to Subpart DDDD of Part 63--Applicability of General
Provisions to Subpart DDDD
[[Page 46012]]
Appendix
Appendix A to Subpart DDDD of Part 63--Alternative Procedure to
Determine Capture Efficiency from Enclosures Around Hot Presses in
the Plywood and Composite Wood Products Industry Using Sulfur
Hexafluoride Tracer Gas
Appendix B to Subpart DDDD of Part 63--Methodology and Criteria for
Demonstrating That An Affected Source is Part of the Low-risk
Subcategory of Plywood and Composite Wood Products Manufacturing
Affected Sources
What This Subpart Covers
Sec. 63.2230 What is the purpose of this subpart?
This subpart establishes national compliance options, operating
requirements, and work practice requirements for hazardous air
pollutants (HAP) emitted from plywood and composite wood products
(PCWP) manufacturing facilities. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
compliance options, operating requirements, and work practice
requirements.
Sec. 63.2231 Does this subpart apply to me?
This subpart applies to you if you meet the criteria in paragraphs
(a) and (b) of this section, except for facilities that the
Environmental Protection Agency (EPA) determines are part of the low-
risk subcategory of PCWP manufacturing facilities as specified in
appendix B to this subpart.
(a) You own or operate a PCWP manufacturing facility. A PCWP
manufacturing facility is a facility that manufactures plywood and/or
composite wood products by bonding wood material (fibers, particles,
strands, veneers, etc.) or agricultural fiber, generally with resin
under heat and pressure, to form a structural panel or engineered wood
product. Plywood and composite wood products manufacturing facilities
also include facilities that manufacture dry veneer and lumber kilns
located at any facility. Plywood and composite wood products include,
but are not limited to, plywood, veneer, particleboard, oriented
strandboard, hardboard, fiberboard, medium density fiberboard,
laminated strand lumber, laminated veneer lumber, wood I-joists, kiln-
dried lumber, and glue-laminated beams.
(b) The PCWP manufacturing facility is located at a major source of
HAP emissions. A major source of HAP emissions is any stationary source
or group of stationary sources within a contiguous area and under
common control that emits or has the potential to emit any single HAP
at a rate of 9.07 megagrams (10 tons) or more per year or any
combination of HAP at a rate of 22.68 megagrams (25 tons) or more per
year.
Sec. 63.2232 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing
affected source at a PCWP manufacturing facility.
(b) The affected source is the collection of dryers, refiners,
blenders, formers, presses, board coolers, and other process units
associated with the manufacturing of plywood and composite wood
products. The affected source includes, but is not limited to, green
end operations, refining, drying operations, resin preparation,
blending and forming operations, pressing and board cooling operations,
and miscellaneous finishing operations (such as sanding, sawing,
patching, edge sealing, and other finishing operations not subject to
other National Emission Standards for Hazardous Air Pollutants
(NESHAP)). The affected source also includes onsite storage and
preparation of raw materials used in the manufacture of plywood and/or
composite wood products, such as resins; onsite wastewater treatment
operations specifically associated with plywood and composite wood
products manufacturing; and miscellaneous coating operations (Sec.
63.2292). The affected source includes lumber kilns at PCWP
manufacturing facilities and at any other kind of facility.
(c) An affected source is a new affected source if you commenced
construction of the affected source after January 9, 2003, and you meet
the applicability criteria at the time you commenced construction.
(d) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.
Sec. 63.2233 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraph (a)(1) or (2) of this
section, whichever is applicable.
(1) If the initial startup of your affected source is before
September 28, 2004, then you must comply with the compliance options,
operating requirements, and work practice requirements for new and
reconstructed sources in this subpart no later than September 28, 2004.
(2) If the initial startup of your affected source is after
September 28, 2004, then you must comply with the compliance options,
operating requirements, and work practice requirements for new and
reconstructed sources in this subpart upon initial startup of your
affected source.
(b) If you have an existing affected source, you must comply with
the compliance options, operating requirements, and work practice
requirements for existing sources no later than October 1, 2007.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP, you must
be in compliance with this subpart by October 1, 2007 or upon initial
startup of your affected source as a major source, whichever is later.
(d) You must meet the notification requirements according to the
schedule in Sec. 63.2280 and according to 40 CFR part 63, subpart A.
Some of the notifications must be submitted before you are required to
comply with the compliance options, operating requirements, and work
practice requirements in this subpart.
Compliance Options, Operating Requirements, and Work Practice
Requirements
Sec. 63.2240 What are the compliance options and operating
requirements and how must I meet them?
You must meet the compliance options and operating requirements
described in Tables 1A, 1B, and 2 to this subpart and in paragraph (c)
of this section by using one or more of the compliance options listed
in paragraphs (a), (b), and (c) of this section. The process units
subject to the compliance options are listed in Tables 1A and 1B to
this subpart and are defined in Sec. 63.2292. You need only to meet
one of the compliance options outlined in paragraphs (a) through (c) of
this section for each process unit. You cannot combine compliance
options in paragraph (a), (b), or (c) for a single process unit. (For
example, you cannot use a production-based compliance option in
paragraph (a) for one vent of a veneer dryer and an add-on control
system compliance option in paragraph (b) for another vent on the same
veneer dryer. You must use either the production-based compliance
option or an add-on control system compliance option for the entire
dryer.)
(a) Production-based compliance options. You must meet the
production-based total HAP compliance options in Table 1A to this
subpart and the applicable operating requirements in Table 2 to this
subpart. You may not use an add-on control system or wet control
[[Page 46013]]
device to meet the production-based compliance options.
(b) Compliance options for add-on control systems. You must use an
emissions control system and demonstrate that the resulting emissions
meet the compliance options and operating requirements in Tables 1B and
2 to this subpart. If you own or operate a reconstituted wood product
press at a new or existing affected source or a reconstituted wood
product board cooler at a new affected source, and you choose to comply
with one of the concentration-based compliance options for a control
system outlet (presented as option numbers 2, 4, and 6 in Table 1B to
this subpart), you must have a capture device that either meets the
definition of wood products enclosure in Sec. 63.2292 or achieves a
capture efficiency of greater than or equal to 95 percent.
(c) Emissions averaging compliance option (for existing sources
only). Using the procedures in paragraphs (c)(1) through (3) of this
section, you must demonstrate that emissions included in the emissions
average meet the compliance options and operating requirements. New
sources may not use emissions averaging to comply with this subpart.
(1) Calculation of required and actual mass removal. Limit
emissions of total HAP, as defined in Sec. 63.2292, to include
acetaldehyde, acrolein, formaldehyde, methanol, phenol, and
propionaldehyde from your affected source to the standard specified by
Equations 1, 2, and 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR72AD04.000
[GRAPHIC] [TIFF OMITTED] TR72AD04.001
[GRAPHIC] [TIFF OMITTED] TR72AD04.002
Where:
RMR = required mass removal of total HAP from all process units
generating debits (i.e., all process units that are subject to the
compliance options in Tables 1A and 1B to this subpart and that are
either uncontrolled or under-controlled), pounds per semiannual period;
AMR = actual mass removal of total HAP from all process units
generating credits (i.e., all process units that are controlled as part
of the Emissions Averaging Plan including credits from debit-generating
process units that are under-controlled), pounds per semiannual period;
UCEPi = mass of total HAP from an uncontrolled or under-
controlled process unit (i) that generates debits, pounds per hour;
OHi = number of hours a process unit (i) is operated during
the semiannual period, hours per 6-month period;
CDi = control system efficiency for the emission point (i)
for total HAP, expressed as a fraction, and not to exceed 90 percent,
unitless (Note: To calculate the control system efficiency of
biological treatment units that do not meet the definition of biofilter
in Sec. 63.2292, you must use 40 CFR part 63, appendix C,
Determination of the Fraction Biodegraded (Fbio) in a
Biological Treatment Unit.);
OCEPi = mass of total HAP from a process unit (i) that
generates credits (including credits from debit-generating process
units that are under-controlled), pounds per hour;
0.90 = required control system efficiency of 90 percent multiplied,
unitless.
(2) Requirements for debits and credits. You must calculate debits
and credits as specified in paragraphs (c)(2)(i) through (vi) of this
section.
(i) You must limit process units in the emissions average to those
process units located at the existing affected source as defined in
Sec. 63.2292.
(ii) You cannot use nonoperating process units to generate
emissions averaging credits. You cannot use process units that are shut
down to generate emissions averaging debits or credits.
(iii) You may not include in your emissions average process units
controlled to comply with a State, Tribal, or Federal rule other than
this subpart.
(iv) You must use actual measurements of total HAP emissions from
process units to calculate your required mass removal (RMR) and actual
mass removal (AMR). The total HAP measurements must be obtained
according to Sec. 63.2262(b) through (d), (g), and (h), using the
methods specified in Table 4 to this subpart.
(v) Your initial demonstration that the credit-generating process
units will be capable of generating enough credits to offset the debits
from the debit-generating process units must be made under
representative operating conditions. After the compliance date, you
must use actual operating data for all debit and credit calculations.
(vi) Do not include emissions from the following time periods in
your emissions averaging calculations:
(A) Emissions during periods of startup, shutdown, and malfunction
as described in the startup, shutdown, and malfunction plan (SSMP).
(B) Emissions during periods of monitoring malfunctions, associated
repairs, and required quality assurance or control activities or during
periods of control device maintenance covered in your routine control
device maintenance exemption. No credits may be assigned to credit-
generating process units, and maximum debits must be assigned to debit-
generating process units during these periods.
(3) Operating requirements. You must meet the operating
requirements in Table 2 to this subpart for each process unit or
control device used in calculation of emissions averaging credits.
Sec. 63.2241 What are the work practice requirements and how must I
meet them?
(a) You must meet each work practice requirement in Table 3 to this
subpart that applies to you.
(b) As provided in Sec. 63.6(g), we, the EPA, may choose to grant
you permission to use an alternative to the work practice requirements
in this section.
(c) If you have a dry rotary dryer, you may choose to designate
your dry rotary dryer as a green rotary dryer and meet the more
stringent compliance options and operating requirements in Sec.
63.2240 for green rotary dryers instead of the work practices for dry
rotary dryers. If you have a hardwood veneer dryer or veneer redryer,
you may choose to designate your hardwood veneer dryer or veneer
redryer as a softwood veneer dryer and meet the more stringent
compliance options and operating requirements in Sec. 63.2240 for
softwood veneer dryer heated zones instead of the work practices for
hardwood veneer dryers or veneer redryers.
General Compliance Requirements
Sec. 63.2250 What are the general requirements?
(a) You must be in compliance with the compliance options,
operating requirements, and the work practice requirements in this
subpart at all times, except during periods of process unit or control
device startup, shutdown, and malfunction; prior to process unit
initial startup; and during the routine control device maintenance
exemption specified in Sec. 63.2251. The compliance options, operating
requirements, and
[[Page 46014]]
work practice requirements do not apply during times when the process
unit(s) subject to the compliance options, operating requirements, and
work practice requirements are not operating, or during scheduled
startup and shutdown periods, and during malfunctions. These startup
and shutdown periods must not exceed the minimum amount of time
necessary for these events.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(c) You must develop and implement a written SSMP according to the
provisions in Sec. 63.6(e)(3).
(d) Shutoff of direct-fired burners resulting from partial and full
production stoppages of direct-fired softwood veneer dryers or over-
temperature events shall be deemed shutdowns and not malfunctions.
Lighting or re-lighting any one or all gas burners in direct-fired
softwood veneer dryers shall be deemed startups and not malfunctions.
Sec. 63.2251 What are the requirements for the routine control device
maintenance exemption?
(a) You may request a routine control device maintenance exemption
from the EPA Administrator for routine maintenance events such as
control device bakeouts, washouts, media replacement, and replacement
of corroded parts. Your request must justify the need for the routine
maintenance on the control device and the time required to accomplish
the maintenance activities, describe the maintenance activities and the
frequency of the maintenance activities, explain why the maintenance
cannot be accomplished during process shutdowns, describe how you plan
to make reasonable efforts to minimize emissions during the
maintenance, and provide any other documentation required by the EPA
Administrator.
(b) The routine control device maintenance exemption must not
exceed the percentages of process unit operating uptime in paragraphs
(b)(1) and (2) of this section.
(1) If the control device is used to control a green rotary dryer,
tube dryer, rotary strand dryer, or pressurized refiner, then the
routine control device maintenance exemption must not exceed 3 percent
of annual operating uptime for each process unit controlled.
(2) If the control device is used to control a softwood veneer
dryer, reconstituted wood product press, reconstituted wood product
board cooler, hardboard oven, press predryer, conveyor strand dryer, or
fiberboard mat dryer, then the routine control device maintenance
exemption must not exceed 0.5 percent of annual operating uptime for
each process unit controlled.
(3) If the control device is used to control a combination of
equipment listed in both paragraphs (b)(1) and (2) of this section,
such as a tube dryer and a reconstituted wood product press, then the
routine control device maintenance exemption must not exceed 3 percent
of annual operating uptime for each process unit controlled.
(c) The request for the routine control device maintenance
exemption, if approved by the EPA Administrator, must be IBR in and
attached to the affected source's title V permit.
(d) The compliance options and operating requirements do not apply
during times when control device maintenance covered under your
approved routine control device maintenance exemption is performed. You
must minimize emissions to the greatest extent possible during these
routine control device maintenance periods.
(e) To the extent practical, startup and shutdown of emission
control systems must be scheduled during times when process equipment
is also shut down.
Initial Compliance Requirements
Sec. 63.2260 How do I demonstrate initial compliance with the
compliance options, operating requirements, and work practice
requirements?
(a) To demonstrate initial compliance with the compliance options
and operating requirements, you must conduct performance tests and
establish each site-specific operating requirement in Table 2 to this
subpart according to the requirements in Sec. 63.2262 and Table 4 to
this subpart. Combustion units that accept process exhausts into the
flame zone are exempt from the initial performance testing and
operating requirements for thermal oxidizers.
(b) You must demonstrate initial compliance with each compliance
option, operating requirement, and work practice requirement that
applies to you according to Tables 5 and 6 to this subpart and
according to Sec. Sec. 63.2260 through 63.2269 of this subpart.
(c) You must submit the Notification of Compliance Status
containing the results of the initial compliance demonstration
according to the requirements in Sec. 63.2280(d).
Sec. 63.2261 By what date must I conduct performance tests or other
initial compliance demonstrations?
(a) You must conduct performance tests upon initial startup or no
later than 180 calendar days after the compliance date that is
specified for your source in Sec. 63.2233 and according to Sec.
63.7(a)(2), whichever is later.
(b) You must conduct initial compliance demonstrations that do not
require performance tests upon initial startup or no later than 30
calendar days after the compliance date that is specified for your
source in Sec. 63.2233, whichever is later.
Sec. 63.2262 How do I conduct performance tests and establish
operating requirements?
(a) You must conduct each performance test according to the
requirements in Sec. 63.7(e)(1), the requirements in paragraphs (b)
through (o) of this section, and according to the methods specified in
Table 4 to this subpart.
(b) Periods when performance tests must be conducted. (1) You must
not conduct performance tests during periods of startup, shutdown, or
malfunction, as specified in Sec. 63.7(e)(1).
(2) You must test under representative operating conditions as
defined in Sec. 63.2292. You must describe representative operating
conditions in your performance test report for the process and control
systems and explain why they are representative.
(c) Number of test runs. You must conduct three separate test runs
for each performance test required in this section as specified in
Sec. 63.7(e)(3). Each test run must last at least 1 hour except for:
testing of a temporary total enclosure (TTE) conducted using Methods
204A through 204F of 40 CFR part 51, appendix M, which require three
separate test runs of at least 3 hours each; and testing of an
enclosure conducted using the alternative tracer gas method in appendix
A to this subpart, which requires a minimum of three separate runs of
at least 20 minutes each.
(d) Location of sampling sites. (1) Sampling sites must be located
at the inlet (if emission reduction testing or documentation of inlet
methanol or formaldehyde concentration is required) and outlet of the
control device and prior to any releases to the atmosphere. For HAP-
altering controls in sequence, such as a wet control device followed by
a thermal oxidizer, sampling sites must be located at the functional
inlet of the control sequence (e.g., prior to the wet control device)
and at the outlet of the control sequence (e.g., thermal oxidizer
[[Page 46015]]
outlet) and prior to any releases to the atmosphere.
(2) Sampling sites for process units meeting compliance options
without a control device must be located prior to any releases to the
atmosphere. Facilities demonstrating compliance with a production-based
compliance option for a process unit equipped with a wet control device
must locate sampling sites prior to the wet control device.
(e) Collection of monitoring data. You must collect operating
parameter monitoring system or continuous emissions monitoring system
(CEMS) data at least every 15 minutes during the entire performance
test and determine the parameter or concentration value for the
operating requirement during the performance test using the methods
specified in paragraphs (k) through (o) of this section.
(f) Collection of production data. To comply with any of the
production-based compliance options, you must measure and record the
process unit throughput during each performance test.
(g) Nondetect data. (1) Except as specified in paragraph (g)(2) of
this section, all nondetect data (Sec. 63.2292) must be treated as
one-half of the method detection limit when determining total HAP,
formaldehyde, methanol, or total hydrocarbon (THC) emission rates.
(2) When showing compliance with the production-based compliance
options in Table 1A to this subpart, you may treat emissions of an
individual HAP as zero if all three of the performance test runs result
in a nondetect measurement, and the method detection limit is less than
or equal to 1 parts per million by volume, dry basis (ppmvd).
Otherwise, nondetect data for individual HAP must be treated as one-
half of the method detection limit.
(h) Calculation of percent reduction across a control system. When
determining the control system efficiency for any control system
included in your emissions averaging plan (not to exceed 90 percent)
and when complying with any of the compliance options based on percent
reduction across a control system in Table 1B to this subpart, as part
of the performance test, you must calculate the percent reduction using
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR72AD04.003
Where:
PR = percent reduction, percent;
CE = capture efficiency, percent (determined for reconstituted wood
product presses and board coolers as required in Table 4 to this
subpart);
ERin = emission rate of total HAP (calculated as the sum of
the emission rates of acetaldehyde, acrolein, formaldehyde, methanol,
phenol, and propionaldehyde), THC, formaldehyde, or methanol in the
inlet vent stream of the control device, pounds per hour;
ERout = emission rate of total HAP (calculated as the sum of
the emission rates of acetaldehyde, acrolein, formaldehyde, methanol,
phenol, and propionaldehyde), THC, formaldehyde, or methanol in the
outlet vent stream of the control device, pounds per hour.
(i) Calculation of mass per unit production. To comply with any of
the production-based compliance options in Table 1A to this subpart,
you must calculate your mass per unit production emissions for each
performance test run using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR72AD04.004
Where:
MP = mass per unit production, pounds per oven dried ton OR pounds per
thousand square feet on a specified thickness basis (see paragraph (j)
of this section if you need to convert from one thickness basis to
another);
ERHAP = emission rate of total HAP (calculated as the sum of
the emission rates of acetaldehyde, acrolein, formaldehyde, methanol,
phenol, and propionaldehyde) in the stack, pounds per hour;
P = process unit production rate (throughput), oven dried tons per hour
OR thousand square feet per hour on a specified thickness basis;
CE = capture efficiency, percent (determined for reconstituted wood
product presses and board coolers as required in Table 4 to this
subpart).
(j) Thickness basis conversion. Use Equation 3 of this section to
convert from one thickness basis to another:
[GRAPHIC] [TIFF OMITTED] TR72AD04.005
Where:
MSFA = thousand square feet on an A-inch basis;
MSFB = thousand square feet on a B-inch basis;
A = old thickness you are converting from, inches;
B = new thickness you are converting to, inches.
(k) Establishing thermal oxidizer operating requirements. If you
operate a thermal oxidizer, you must establish your thermal oxidizer
operating parameters according to paragraphs (k)(1) through (3) of this
section.
(1) During the performance test, you must continuously monitor the
firebox temperature during each of the required 1-hour test runs. For
regenerative thermal oxidizers, you may measure the temperature in
multiple locations (e.g., one location per burner) in the combustion
chamber and calculate the average of the temperature measurements prior
to reducing the temperature data to 15-minute averages for purposes of
establishing your minimum firebox temperature. The minimum firebox
temperature must then be established as the average of the three
minimum 15-minute firebox temperatures monitored during the three test
runs. Multiple three-run performance tests may be conducted to
establish a range of parameter values under different operating
conditions.
(2) You may establish a different minimum firebox temperature for
your thermal oxidizer by submitting the notification specified in Sec.
63.2280(g) and conducting a repeat performance test as specified in
paragraph (k)(1) of this section that demonstrates compliance with the
applicable compliance options of this subpart.
(3) If your thermal oxidizer is a combustion unit that accepts
process exhaust into the flame zone, then you are exempt from the
performance testing and monitoring requirements specified in paragraphs
(k)(1) and (2) of this section. To demonstrate initial compliance, you
must submit documentation with your Notification of Compliance Status
showing that process exhausts controlled by the combustion unit enter
into the flame zone.
(l) Establishing catalytic oxidizer operating requirements. If you
operate a catalytic oxidizer, you must establish your catalytic
oxidizer operating parameters according to paragraphs (l)(1) and (2) of
this section.
(1) During the performance test, you must continuously monitor
during the required 1-hour test runs either the temperature at the
inlet to each catalyst bed or the temperature in the combustion
chamber. For regenerative catalytic oxidizers, you must calculate the
average of the temperature measurements from each catalyst bed inlet or
within the combustion chamber prior to reducing the temperature data to
15-minute averages for purposes of
[[Page 46016]]
establishing your minimum catalytic oxidizer temperature. The minimum
catalytic oxidizer temperature must then be established as the average
of the three minimum 15-minute temperatures monitored during the three
test runs. Multiple three-run performance tests may be conducted to
establish a range of parameter values under different operating
conditions.
(2) You may establish a different minimum catalytic oxidizer
temperature by submitting the notification specified in Sec.
63.2280(g) and conducting a repeat performance test as specified in
paragraphs (l)(1) and (2) of this section that demonstrates compliance
with the applicable compliance options of this subpart.
(m) Establishing biofilter operating requirements. If you operate a
biofilter, you must establish your biofilter operating requirements
according to paragraphs (m)(1) through (3) of this section.
(1) During the performance test, you must continuously monitor the
biofilter bed temperature during each of the required 1-hour test runs.
To monitor biofilter bed temperature, you may use multiple
thermocouples in representative locations throughout the biofilter bed
and calculate the average biofilter bed temperature across these
thermocouples prior to reducing the temperature data to 15-minute
averages for purposes of establishing biofilter bed temperature limits.
The biofilter bed temperature range must be established as the minimum
and maximum 15-minute biofilter bed temperatures monitored during the
three test runs. You may base your biofilter bed temperature range on
values recorded during previous performance tests provided that the
data used to establish the temperature ranges have been obtained using
the test methods required in this subpart. If you use data from
previous performance tests, you must certify that the biofilter and
associated process unit(s) have not been modified subsequent to the
date of the performance tests. Replacement of the biofilter media with
the same type of material is not considered a modification of the
biofilter for purposes of this section.
(2) For a new biofilter installation, you will be allowed up to 180
days following the compliance date or 180 days following initial
startup of the biofilter to complete the requirements in paragraph
(m)(1) of this section.
(3) You may expand your biofilter bed temperature operating range
by submitting the notification specified in Sec. 63.2280(g) and
conducting a repeat performance test as specified in paragraph (m)(1)
of this section that demonstrates compliance with the applicable
compliance options of this subpart.
(n) Establishing operating requirements for process units meeting
compliance options without a control device. If you operate a process
unit that meets a compliance option in Table 1A to this subpart, or is
a process unit that generates debits in an emissions average without
the use of a control device, you must establish your process unit
operating parameters according to paragraphs (n)(1) through (2) of this
section.
(1) During the performance test, you must identify and document the
process unit controlling parameter(s) that affect total HAP emissions
during the three-run performance test. The controlling parameters you
identify must coincide with the representative operating conditions you
describe according to Sec. 63.2262(b)(2). For each parameter, you must
specify appropriate monitoring methods, monitoring frequencies, and for
continuously monitored parameters, averaging times not to exceed 24
hours. The operating limit for each controlling parameter must then be
established as the minimum, maximum, range, or average (as appropriate
depending on the parameter) recorded during the performance test.
Multiple three-run performance tests may be conducted to establish a
range of parameter values under different operating conditions.
(2) You may establish different controlling parameter limits for
your process unit by submitting the notification specified in Sec.
63.2280(g) and conducting a repeat performance test as specified in
paragraph (n)(1) of this section that demonstrates compliance with the
compliance options in Table 1A to this subpart or is used to establish
emission averaging debits for an uncontrolled process unit.
(o) Establishing operating requirements using THC CEMS. If you
choose to meet the operating requirements by monitoring THC
concentration instead of monitoring control device or process operating
parameters, you must establish your THC concentration operating
requirement according to paragraphs (o)(1) through (2) of this section.
(1) During the performance test, you must continuously monitor THC
concentration using your CEMS during each of the required 1-hour test
runs. The maximum THC concentration must then be established as the
average of the three maximum 15-minute THC concentrations monitored
during the three test runs. Multiple three-run performance tests may be
conducted to establish a range of THC concentration values under
different operating conditions.
(2) You may establish a different maximum THC concentration by
submitting the notification specified in Sec. 63.2280(g) and
conducting a repeat performance test as specified in paragraph (o)(1)
of this section that demonstrates compliance with the compliance
options in Tables 1A and 1B to this subpart.
Sec. 63.2263 Initial compliance demonstration for a dry rotary dryer.
If you operate a dry rotary dryer, you must demonstrate that your
dryer processes furnish with an inlet moisture content of less than or
equal to 30 percent (by weight, dry basis) and operates with a dryer
inlet temperature of less than or equal to 600[deg]F. You must
designate and clearly identify each dry rotary dryer. You must record
the inlet furnish moisture content (dry basis) and inlet dryer
operating temperature according to Sec. 63.2269(a), (b), and (c) and
Sec. 63.2270 for a minimum of 30 calendar days. You must submit the
highest recorded 24-hour average inlet furnish moisture content and the
highest recorded 24-hour average dryer inlet temperature with your
Notification of Compliance Status. In addition, you must submit with
the Notification of Compliance Status a signed statement by a
responsible official that certifies with truth, accuracy, and
completeness that the dry rotary dryer will dry furnish with a maximum
inlet moisture content less than or equal to 30 percent (by weight, dry
basis) and will operate with a maximum inlet temperature of less than
or equal to 600[deg]F in the future.
Sec. 63.2264 Initial compliance demonstration for a hardwood veneer
dryer.
If you operate a hardwood veneer dryer, you must record the annual
volume percentage of softwood veneer species processed in the dryer as
follows:
(a) Use Equation 1 of this section to calculate the annual volume
percentage of softwood species dried:
[GRAPHIC] [TIFF OMITTED] TR72AD04.006
Where:
SW[percnt] = annual volume percent softwood species dried;
SW = softwood veneer dried during the previous 12 months, thousand
square feet (\3/8\-inch basis);
T = total softwood and hardwood veneer dried during the previous 12
months, thousand square feet (\3/8\-inch basis).
[[Page 46017]]
(b) You must designate and clearly identify each hardwood veneer
dryer. Submit with the Notification of Compliance Status the annual
volume percentage of softwood species dried in the dryer based on your
dryer production for the 12 months prior to the compliance date
specified for your source in Sec. 63.2233. If you did not dry any
softwood species in the dryer during the 12 months prior to the
compliance date, then you need only to submit a statement indicating
that no softwood species were dried. In addition, submit with the
Notification of Compliance Status a signed statement by a responsible
official that certifies with truth, accuracy, and completeness that the
veneer dryer will be used to process less than 30 volume percent
softwood species in the future.
Sec. 63.2265 Initial compliance demonstration for a softwood veneer
dryer.
If you operate a softwood veneer dryer, you must develop a plan for
review and approval for minimizing fugitive emissions from the veneer
dryer heated zones, and you must submit the plan with your Notification
of Compliance Status.
Sec. 63.2266 Initial compliance demonstration for a veneer redryer.
If you operate a veneer redryer, you must record the inlet moisture
content of the veneer processed in the redryer according to Sec.
63.2269(a) and (c) and Sec. 63.2270 for a minimum of 30 calendar days.
You must designate and clearly identify each veneer redryer. You must
submit the highest recorded 24-hour average inlet veneer moisture
content with your Notification of Compliance Status to show that your
veneer redryer processes veneer with an inlet moisture content of less
than or equal to 25 percent (by weight, dry basis). In addition, submit
with the Notification of Compliance Status a signed statement by a
responsible official that certifies with truth, accuracy, and
completeness that the veneer redryer will dry veneer with a moisture
content less than 25 percent (by weight, dry basis) in the future.
Sec. 63.2267 Initial compliance demonstration for a reconstituted
wood product press or board cooler.
If you operate a reconstituted wood product press at a new or
existing affected source or a reconstituted wood product board cooler
at a new affected source, then you must either use a wood products
enclosure as defined in Sec. 63.2292 or measure the capture efficiency
of the capture device for the press or board cooler using Methods 204
and 204A through 204F of 40 CFR part 51, appendix M (as appropriate),
or using the alternative tracer gas method contained in appendix A to
this subpart. You must submit documentation that the wood products
enclosure meets the press enclosure design criteria in Sec. 63.2292 or
the results of the capture efficiency verification with your
Notification of Compliance Status.
Sec. 63.2268 Initial compliance demonstration for a wet control
device.
If you use a wet control device as the sole means of reducing HAP
emissions, you must develop and implement a plan for review and
approval to address how organic HAP captured in the wastewater from the
wet control device is contained or destroyed to minimize re-release to
the atmosphere such that the desired emissions reductions are obtained.
You must submit the plan with your Notification of Compliance Status.
Sec. 63.2269 What are my monitoring installation, operation, and
maintenance requirements?
(a) General continuous parameter monitoring requirements. You must
install, operate, and maintain each continuous parameter monitoring
system (CPMS) according to paragraphs (a)(1) through (3) of this
section.
(1) The CPMS must be capable of completing a minimum of one cycle
of operation (sampling, analyzing, and recording) for each successive
15-minute period.
(2) At all times, you must maintain the monitoring equipment
including, but not limited to, maintaining necessary parts for routine
repairs of the monitoring equipment.
(3) Record the results of each inspection, calibration, and
validation check.
(b) Temperature monitoring. For each temperature monitoring device,
you must meet the requirements in paragraphs (a) and (b)(1) through (6)
of this section.
(1) Locate the temperature sensor in a position that provides a
representative temperature.
(2) Use a temperature sensor with a minimum accuracy of 4[deg]F or
0.75 percent of the temperature value, whichever is larger.
(3) If a chart recorder is used, it must have a sensitivity with
minor divisions not more than 20[deg]F.
(4) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 30[deg]F of the process temperature sensor's reading.
(5) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range or install a new temperature sensor.
(6) At least quarterly, inspect all components for integrity and
all electrical connections for continuity, oxidation, and galvanic
corrosion.
(c) Wood moisture monitoring. For each furnish or veneer moisture
meter, you must meet the requirements in paragraphs (a)(1), (2), (4)
and (5) and paragraphs (c)(1) through (4) of this section.
(1) For dry rotary dryers, use a continuous moisture monitor with a
minimum accuracy of 1 percent (dry basis) moisture or better in the 25
to 35 percent (dry basis) moisture content range. For veneer redryers,
use a continuous moisture monitor with a minimum accuracy of 3 percent
(dry basis) moisture or better in the 15 to 25 percent (dry basis)
moisture content range. Alternatively, you may use a continuous
moisture monitor with a minimum accuracy of 5 percent (dry basis)
moisture or better for dry rotary dryers used to dry furnish with less
than 25 percent (dry basis) moisture or for veneer redryers used to
redry veneer with less than 20 percent (dry basis) moisture.
(2) Locate the moisture monitor in a position that provides a
representative measure of furnish or veneer moisture.
(3) Calibrate the moisture monitor based on the procedures
specified by the moisture monitor manufacturer at least once per
semiannual compliance period (or more frequently if recommended by the
moisture monitor manufacturer).
(4) At least quarterly, inspect all components of the moisture
monitor for integrity and all electrical connections for continuity.
(5) Use Equation 1 of this section to convert percent moisture
measurements wet basis to a dry basis:
[GRAPHIC] [TIFF OMITTED] TR72AD04.012
Where:
MCdry = percent moisture content of wood material (weight
percent, dry basis);
MCwet = percent moisture content of wood material (weight
percent, wet basis).
(d) Continuous emission monitoring system(s). Each CEMS must be
installed, operated, and maintained according to
[[Page 46018]]
paragraphs (d)(1) through (4) of this section.
(1) Each CEMS for monitoring THC concentration must be installed,
operated, and maintained according to Performance Specification 8 of 40
CFR part 60, appendix B. You must also comply with Procedure 1 of 40
CFR part 60, appendix F.
(2) You must conduct a performance evaluation of each CEMS
according to the requirements in Sec. 63.8 and according to
Performance Specification 8 of 40 CFR part 60, appendix B.
(3) As specified in Sec. 63.8(c)(4)(ii), each CEMS must complete a
minimum of one cycle of operation (sampling, analyzing, and data
recording) for each successive 15-minute period.
(4) The CEMS data must be reduced as specified in Sec. 63.8(g)(2)
and Sec. 63.2270(d) and (e).
Continuous Compliance Requirements
Sec. 63.2270 How do I monitor and collect data to demonstrate
continuous compliance?
(a) You must monitor and collect data according to this section.
(b) Except for, as appropriate, monitor malfunctions, associated
repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and
span adjustments), you must conduct all monitoring in continuous
operation at all times that the process unit is operating. For purposes
of calculating data averages, you must not use data recorded during
monitoring malfunctions, associated repairs, out-of-control periods, or
required quality assurance or control activities. You must use all the
data collected during all other periods in assessing compliance. A
monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring
failures that are caused in part by poor maintenance or careless
operation are not malfunctions. Any period for which the monitoring
system is out-of-control and data are not available for required
calculations constitutes a deviation from the monitoring requirements.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities; data recorded during periods of startup, shutdown, and
malfunction; or data recorded during periods of control device downtime
covered in any approved routine control device maintenance exemption in
data averages and calculations used to report emission or operating
levels, nor may such data be used in fulfilling a minimum data
availability requirement, if applicable. You must use all the data
collected during all other periods in assessing the operation of the
control system.
(d) Except as provided in paragraph (e) of this section, determine
the 3-hour block average of all recorded readings, calculated after
every 3 hours of operation as the average of the evenly spaced recorded
readings in the previous 3 operating hours (excluding periods described
in paragraphs (b) and (c) of this section).
(e) For dry rotary dryer and veneer redryer wood moisture
monitoring, dry rotary dryer temperature monitoring, biofilter bed
temperature monitoring, and biofilter outlet THC monitoring, determine
the 24-hour block average of all recorded readings, calculated after
every 24 hours of operation as the average of the evenly spaced
recorded readings in the previous 24 operating hours (excluding periods
described in paragraphs (b) and (c) of this section).
(f) To calculate the data averages for each 3-hour or 24-hour
averaging period, you must have at least 75 percent of the required
recorded readings for that period using only recorded readings that are
based on valid data (i.e., not from periods described in paragraphs (b)
and (c) of this section).
Sec. 63.2271 How do I demonstrate continuous compliance with the
compliance options, operating requirements, and work practice
requirements?
(a) You must demonstrate continuous compliance with the compliance
options, operating requirements, and work practice requirements in
Sec. Sec. 63.2240 and 63.2241 that apply to you according to the
methods specified in Tables 7 and 8 to this subpart.
(b) You must report each instance in which you did not meet each
compliance option, operating requirement, and work practice requirement
in Tables 7 and 8 to this subpart that applies to you. This includes
periods of startup, shutdown, and malfunction and periods of control
device maintenance specified in paragraphs (b)(1) through (3) of this
section. These instances are deviations from the compliance options,
operating requirements, and work practice requirements in this subpart.
These deviations must be reported according to the requirements in
Sec. 63.2281.
(1) During periods of startup, shutdown, and malfunction, you must
operate in accordance with the SSMP.
(2) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction are not
violations if you demonstrate to the EPA Administrator's satisfaction
that you were operating in accordance with the SSMP. The EPA
Administrator will determine whether deviations that occur during a
period of startup, shutdown, or malfunction are violations, according
to the provisions in Sec. 63.6(e).
(3) Deviations that occur during periods of control device
maintenance covered by any approved routine control device maintenance
exemption are not violations if you demonstrate to the EPA
Administrator's satisfaction that you were operating in accordance with
the approved routine control device maintenance exemption.
Notifications, Reports, and Records
Sec. 63.2280 What notifications must I submit and when?
(a) You must submit all of the notifications in Sec. Sec. 63.7(b)
and (c), 63.8(e), (f)(4) and (f)(6), 63.9 (b) through (e), and (g) and
(h) by the dates specified.
(b) You must submit an Initial Notification no later than 120
calendar days after September 28, 2004, or after initial startup,
whichever is later, as specified in Sec. 63.9(b)(2).
(c) If you are required to conduct a performance test, you must
submit a written notification of intent to conduct a performance test
at least 60 calendar days before the performance test is scheduled to
begin as specified in Sec. 63.7(b)(1).
(d) If you are required to conduct a performance test, design
evaluation, or other initial compliance demonstration as specified in
Tables 4, 5, and 6 to this subpart, you must submit a Notification of
Compliance Status as specified in Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 5
or 6 to this subpart that does not include a performance test, you must
submit the Notification of Compliance Status before the close of
business on the 30th calendar day following the completion of the
initial compliance demonstration.
(2) For each initial compliance demonstration required in Tables 5
and 6 to this subpart that includes a performance test conducted
according to the requirements in Table 4 to this subpart, you must
submit the Notification of Compliance Status, including the performance
test results, before the close of business on the 60th calendar day
following the completion of the performance test according to Sec.
63.10(d)(2).
(e) If you request a routine control device maintenance exemption
[[Page 46019]]
according to Sec. 63.2251, you must submit your request for the
exemption no later than 30 days before the compliance date.
(f) If you use the emissions averaging compliance option in Sec.
63.2240(c), you must submit an Emissions Averaging Plan to the EPA
Administrator for approval no later than 1 year before the compliance
date or no later than 1 year before the date you would begin using an
emissions average, whichever is later. The Emissions Averaging Plan
must include the information in paragraphs (f)(1) through (6) of this
section.
(1) Identification of all the process units to be included in the
emissions average indicating which process units will be used to
generate credits, and which process units that are subject to
compliance options in Tables 1A and 1B to this subpart will be
uncontrolled (used to generate debits) or under-controlled (used to
generate debits and credits).
(2) Description of the control system used to generate emission
credits for each process unit used to generate credits.
(3) Determination of the total HAP control efficiency for the
control system used to generate emission credits for each credit-
generating process unit.
(4) Calculation of the RMR and AMR, as calculated using Equations 1
through 3 of Sec. 63.2240(c)(1).
(5) Documentation of total HAP measurements made according to Sec.
63.2240(c)(2)(iv) and other relevant documentation to support
calculation of the RMR and AMR.
(6) A summary of the operating parameters you will monitor and
monitoring methods for each debit-generating and credit-generating
process unit.
(g) You must notify the EPA Administrator within 30 days before you
take any of the actions specified in paragraphs (g)(1) through (3) of
this section.
(1) You modify or replace the control system for any process unit
subject to the compliance options and operating requirements in this
subpart.
(2) You shut down any process unit included in your Emissions
Averaging Plan.
(3) You change a continuous monitoring parameter or the value or
range of values of a continuous monitoring parameter for any process
unit or control device.
Sec. 63.2281 What reports must I submit and when?
(a) You must submit each report in Table 9 to this subpart that
applies to you.
(b) Unless the EPA Administrator has approved a different schedule
for submission of reports under Sec. 63.10(a), you must submit each
report by the date in Table 9 to this subpart and as specified in
paragraphs (b)(1) through (5) of this section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.2233 ending on June 30 or December 31, and lasting at least 6
months, but less than 12 months. For example, if your compliance date
is March 1, then the first semiannual reporting period would begin on
March 1 and end on December 31.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31 for compliance periods ending on June
30 and December 31, respectively.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31 for the semiannual
reporting period ending on June 30 and December 31, respectively.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to Sec. 70.6(a)(3)(iii)(A) or Sec.
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) through (4) of
this section.
(c) The compliance report must contain the information in
paragraphs (c)(1) through (8) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If you had a startup, shutdown, or malfunction during the
reporting period and you took actions consistent with your SSMP, the
compliance report must include the information specified in Sec.
63.10(d)(5)(i).
(5) A description of control device maintenance performed while the
control device was offline and one or more of the process units
controlled by the control device was operating, including the
information specified in paragraphs (c)(5)(i) through (iii) of this
section.
(i) The date and time when the control device was shut down and
restarted.
(ii) Identification of the process units that were operating and
the number of hours that each process unit operated while the control
device was offline.
(iii) A statement of whether or not the control device maintenance
was included in your approved routine control device maintenance
exemption developed pursuant to Sec. 63.2251. If the control device
maintenance was included in your approved routine control device
maintenance exemption, then you must report the information in
paragraphs (c)(5)(iii)(A) through (C) of this section.
(A) The total amount of time that each process unit controlled by
the control device operated during the semiannual compliance period and
during the previous semiannual compliance period.
(B) The amount of time that each process unit controlled by the
control device operated while the control device was down for
maintenance covered under the routine control device maintenance
exemption during the semiannual compliance period and during the
previous semiannual compliance period.
(C) Based on the information recorded under paragraphs
(c)(5)(iii)(A) and (B) of this section for each process unit, compute
the annual percent of process unit operating uptime during which the
control device was offline for routine maintenance using Equation 1 of
this section.
[GRAPHIC] [TIFF OMITTED] TR72AD04.007
Where:
RM = Annual percentage of process unit uptime during which control
device is down for routine control device maintenance;
PUp = Process unit uptime for the previous semiannual
compliance period;
PUc = Process unit uptime for the current semiannual
compliance period;
DTp = Control device downtime claimed under the routine
control device maintenance exemption for the previous semiannual
compliance period;
DTc = Control device downtime claimed under the routine
control device maintenance exemption for the
[[Page 46020]]
current semiannual compliance period.
(6) The results of any performance tests conducted during the
semiannual reporting period.
(7) If there are no deviations from any applicable compliance
option or operating requirement, and there are no deviations from the
requirements for work practice requirements in Table 8 to this subpart,
a statement that there were no deviations from the compliance options,
operating requirements, or work practice requirements during the
reporting period.
(8) If there were no periods during which the continuous monitoring
system (CMS), including CEMS and CPMS, was out-of-control as specified
in Sec. 63.8(c)(7), a statement that there were no periods during
which the CMS was out-of-control during the reporting period.
(d) For each deviation from a compliance option or operating
requirement and for each deviation from the work practice requirements
in Table 8 to this subpart that occurs at an affected source where you
are not using a CMS to comply with the compliance options, operating
requirements, or work practice requirements in this subpart, the
compliance report must contain the information in paragraphs (c)(1)
through (6) of this section and in paragraphs (d)(1) and (2) of this
section. This includes periods of startup, shutdown, and malfunction
and routine control device maintenance.
(1) The total operating time of each affected source during the
reporting period.
(2) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(e) For each deviation from a compliance option or operating
requirement occurring at an affected source where you are using a CMS
to comply with the compliance options and operating requirements in
this subpart, you must include the information in paragraphs (c)(1)
through (6) and paragraphs (e)(1) through (11) of this section. This
includes periods of startup, shutdown, and malfunction and routine
control device maintenance.
(1) The date and time that each malfunction started and stopped.
(2) The date and time that each CMS was inoperative, except for
zero (low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out-of-control,
including the information in Sec. 63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown,
or malfunction; during a period of control device maintenance covered
in your approved routine control device maintenance exemption; or
during another period.
(5) A summary of the total duration of the deviation during the
reporting period and the total duration as a percent of the total
source operating time during that reporting period.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
system problems, control device maintenance, process problems, other
known causes, and other unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percent of
the total source operating time during that reporting period.
(8) A brief description of the process units.
(9) A brief description of the CMS.
(10) The date of the latest CMS certification or audit.
(11) A description of any changes in CMS, processes, or controls
since the last reporting period.
(f) If you comply with the emissions averaging compliance option in
Sec. 63.2240(c), you must include in your semiannual compliance report
calculations based on operating data from the semiannual reporting
period that demonstrate that actual mass removal equals or exceeds the
required mass removal.
(g) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by Sec. 70.6(a)(3)(iii)(A) or Sec.
71.6(a)(3)(iii)(A). If an affected source submits a compliance report
pursuant to Table 9 to this subpart along with, or as part of, the
semiannual monitoring report required by Sec. 70.6(a)(3)(iii)(A) or
Sec. 71.6(a)(3)(iii)(A), and the compliance report includes all
required information concerning deviations from any compliance option,
operating requirement, or work practice requirement in this subpart,
submission of the compliance report shall be deemed to satisfy any
obligation to report the same deviations in the semiannual monitoring
report. However, submission of a compliance report shall not otherwise
affect any obligation the affected source may have to report deviations
from permit requirements to the permitting authority.
Sec. 63.2282 What records must I keep?
(a) You must keep the records listed in paragraphs (a)(1) through
(4) of this section.
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec. 63.10(b)(2)(xiv).
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) Documentation of your approved routine control device
maintenance exemption, if you request such an exemption under Sec.
63.2251.
(4) Records of performance tests and performance evaluations as
required in Sec. 63.10(b)(2)(viii).
(b) You must keep the records required in Tables 7 and 8 to this
subpart to show continuous compliance with each compliance option,
operating requirement, and work practice requirement that applies to
you.
(c) For each CEMS, you must keep the following records.
(1) Records described in Sec. 63.10(b)(2)(vi) through (xi).
(2) Previous (i.e., superseded) versions of the performance
evaluation plan as required in Sec. 63.8(d)(3).
(3) Request for alternatives to relative accuracy testing for CEMS
as required in Sec. 63.8(f)(6)(i).
(4) Records of the date and time that each deviation started and
stopped, and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(d) If you comply with the emissions averaging compliance option in
Sec. 63.2240(c), you must keep records of all information required to
calculate emission debits and credits.
(e) If you operate a catalytic oxidizer, you must keep records of
annual catalyst activity checks and subsequent corrective actions.
Sec. 63.2283 In what form and how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review as specified in Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each
[[Page 46021]]
occurrence, measurement, maintenance, corrective action, report, or
record according to Sec. 63.10(b)(1). You can keep the records offsite
for the remaining 3 years.
Other Requirements and Information
Sec. 63.2290 What parts of the General Provisions apply to me?
Table 10 to this subpart shows which parts of the General
Provisions in Sec. Sec. 63.1 through 63.13 apply to you.
Sec. 63.2291 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the U.S. EPA or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency has the authority to implement and
enforce this subpart. You should contact your EPA Regional Office to
find out if this subpart is delegated to your State, local, or tribal
agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the EPA Administrator and are not transferred to the
State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (5) of this
section.
(1) Approval of alternatives to the compliance options, operating
requirements, and work practice requirements in Sec. Sec. 63.2240 and
63.2241 as specified in Sec. 63.6(g). For the purposes of delegation
authority under 40 CFR part 63, subpart E, ``compliance options''
represent ``emission limits''; ``operating requirements'' represent
``operating limits''; and ``work practice requirements'' represent
``work practice standards.''
(2) Approval of major alternatives to test methods as specified in
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring as specified in
Sec. 63.8(f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
as specified in Sec. 63.10(f) and as defined in Sec. 63.90.
(5) Approval of PCWP sources demonstrations of eligibility for the
low-risk subcategory developed according to appendix B of this subpart.
Sec. 63.2292 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act (CAA),
in 40 CFR 63.2, the General Provisions, and in this section as follows:
Affected source means the collection of dryers, refiners, blenders,
formers, presses, board coolers, and other process units associated
with the manufacturing of plywood and composite wood products. The
affected source includes, but is not limited to, green end operations,
refining, drying operations, resin preparation, blending and forming
operations, pressing and board cooling operations, and miscellaneous
finishing operations (such as sanding, sawing, patching, edge sealing,
and other finishing operations not subject to other NESHAP). The
affected source also includes onsite storage of raw materials used in
the manufacture of plywood and/or composite wood products, such as
resins; onsite wastewater treatment operations specifically associated
with plywood and composite wood products manufacturing; and
miscellaneous coating operations (defined elsewhere in this section).
The affected source includes lumber kilns at PCWP manufacturing
facilities and at any other kind of facility.
Agricultural fiber means the fiber of an annual agricultural crop.
Examples of agricultural fibers include, but are not limited to, wheat
straw, rice straw, and bagasse.
Biofilter means an enclosed control system such as a tank or series
of tanks with a fixed roof that contact emissions with a solid media
(such as bark) and use microbiological activity to transform organic
pollutants in a process exhaust stream to innocuous compounds such as
carbon dioxide, water, and inorganic salts. Wastewater treatment
systems such as aeration lagoons or activated sludge systems are not
considered to be biofilters.
Capture device means a hood, enclosure, or other means of
collecting emissions into a duct so that the emissions can be measured.
Capture efficiency means the fraction (expressed as a percentage)
of the pollutants from an emission source that are collected by a
capture device.
Catalytic oxidizer means a control system that combusts or
oxidizes, in the presence of a catalyst, exhaust gas from a process
unit. Catalytic oxidizers include regenerative catalytic oxidizers and
thermal catalytic oxidizers.
Combustion unit means a dryer burner, process heater, or boiler
used for combustion of organic HAP emissions.
Control device means any equipment that reduces the quantity of HAP
emitted to the air. The device may destroy the HAP or secure the HAP
for subsequent recovery. Control devices include, but are not limited
to, thermal or catalytic oxidizers, combustion units that incinerate
process exhausts, biofilters, and condensers.
Control system or add-on control system means the combination of
capture and control devices used to reduce HAP emissions to the
atmosphere.
Conveyor strand dryer means a conveyor dryer used to reduce the
moisture of wood strands used in the manufacture of oriented
strandboard, laminated strand lumber, or other wood strand-based
products. A conveyor strand dryer is a process unit.
Conveyor strand dryer zone means each portion of a conveyor strand
dryer with a separate heat exchange system and exhaust vent(s).
Conveyor strand dryers contain multiple zones (e.g., three zones),
which may be divided into multiple sections.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any compliance option, operating
requirement, or work practice requirement;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart, and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any compliance option, operating requirement, or
work practice requirement in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart. A deviation is not always a violation. The determination
of whether a deviation constitutes a violation of the standard is up to
the discretion of the entity responsible for enforcement of the
standards.
Dryer heated zones means the zones of a softwood veneer dryer or
fiberboard mat dryer that are equipped with heating and hot air
circulation units. The cooling zone(s) of the dryer through which
ambient air is blown are not part of the dryer heated zones.
Dry forming means the process of making a mat of resinated fiber to
be compressed into a reconstituted wood product such as particleboard,
oriented strandboard, medium density fiberboard, or hardboard.
[[Page 46022]]
Dry rotary dryer means a rotary dryer that dries wood particles or
fibers with a maximum inlet moisture content of less than or equal to
30 percent (by weight, dry basis) and operates with a maximum inlet
temperature of less than or equal to 600[deg]F. A dry rotary dryer is a
process unit.
Fiber means the discrete elements of wood or similar cellulosic
material, which are separated by mechanical means, as in refining, that
can be formed into boards.
Fiberboard means a composite panel composed of cellulosic fibers
(usually wood or agricultural material) made by wet forming and
compacting a mat of fibers. Fiberboard density generally is less than
0.50 grams per cubic centimeter (31.5 pounds per cubic foot).
Fiberboard mat dryer means a dryer used to reduce the moisture of
wet-formed wood fiber mats by operation at elevated temperature. A
fiberboard mat dryer is a process unit.
Flame zone means the portion of the combustion chamber in a
combustion unit that is occupied by the flame envelope.
Furnish means the fibers, particles, or strands used for making
boards.
Glue-laminated beam means a structural wood beam made by bonding
lumber together along its faces with resin.
Green rotary dryer means a rotary dryer that dries wood particles
or fibers with an inlet moisture content of greater than 30 percent (by
weight, dry basis) at any dryer inlet temperature or operates with an
inlet temperature of greater than 600[deg]F with any inlet moisture
content. A green rotary dryer is a process unit.
Group 1 miscellaneous coating operations means application of edge
seals, nail lines, logo (or other information) paint, shelving edge
fillers, trademark/gradestamp inks, and wood putty patches to plywood
and composite wood products (except kiln-dried lumber) on the same site
where the plywood and composite wood products are manufactured. Group 1
miscellaneous coating operations also include application of synthetic
patches to plywood at new affected sources.
Hardboard means a composite panel composed of inter-felted
cellulosic fibers made by dry or wet forming and pressing of a
resinated fiber mat. Hardboard generally has a density of 0.50 grams
per cubic centimeter (31.5 pounds per cubic foot) or greater.
Hardboard oven means an oven used to heat treat or temper hardboard
after hot pressing. Humidification chambers are not considered as part
of hardboard ovens. A hardboard oven is a process unit.
Hardwood means the wood of a broad-leafed tree, either deciduous or
evergreen. Examples of hardwoods include, but are not limited to,
aspen, birch, poplar, and oak.
Hardwood veneer dryer means a dryer that removes excess moisture
from veneer by conveying the veneer through a heated medium on rollers,
belts, cables, or wire mesh. Hardwood veneer dryers are used to dry
veneer with less than 30 percent softwood species on an annual volume
basis. Veneer kilns that operate as batch units, veneer dryers heated
by radio frequency or microwaves that are used to redry veneer, and
veneer redryers (defined elsewhere in this section) that are heated by
conventional means are not considered to be hardwood veneer dryers. A
hardwood veneer dryer is a process unit.
Kiln-dried lumber means solid wood lumber that has been dried in a
lumber kiln.
Laminated strand lumber (LSL) means a composite product formed into
a billet made of thin wood strands cut from whole logs, resinated, and
pressed together with the grain of each strand oriented parallel to the
length of the finished product.
Laminated veneer lumber (LVL) means a composite product formed into
a billet made from layers of resinated wood veneer sheets or pieces
pressed together with the grain of each veneer aligned primarily along
the length of the finished product. Laminated veneer lumber includes
parallel strand lumber (PSL).
Lumber kiln means an enclosed dryer operated at elevated
temperature to reduce the moisture content of lumber.
Medium density fiberboard (MDF) means a composite panel composed of
cellulosic fibers (usually wood or agricultural fiber) made by dry
forming and pressing of a resinated fiber mat.
Method detection limit means the minimum concentration of an
analyte that can be determined with 99 percent confidence that the true
value is greater than zero.
Miscellaneous coating operations means application of any of the
following to plywood or composite wood products: edge seals, moisture
sealants, anti-skid coatings, company logos, trademark or grade stamps,
nail lines, synthetic patches, wood patches, wood putty, concrete
forming oils, glues for veneer composing, and shelving edge fillers.
Miscellaneous coating operations also include the application of primer
to oriented strandboard siding that occurs at the same site as oriented
strandboard manufacture and application of asphalt, clay slurry, or
titanium dioxide coatings to fiberboard at the same site of fiberboard
manufacture.
MSF means thousand square feet (92.9 square meters). Square footage
of panels is usually measured on a thickness basis, such as \3/8\-inch,
to define the total volume of panels. Equation 6 of Sec. 63.2262(j)
shows how to convert from one thickness basis to another.
Nondetect data means, for the purposes of this subpart, any value
that is below the method detection limit.
Non-HAP coating means a coating with HAP contents below 0.1 percent
by mass for Occupational Safety and Health Administration-defined
carcinogens as specified in 29 CFR 1910.1200(d)(4), and below 1.0
percent by mass for other HAP compounds.
1-hour period means a 60-minute period.
Oriented strandboard (OSB) means a composite panel produced from
thin wood strands cut from whole logs, formed into resinated layers
(with the grain of strands in one layer oriented perpendicular to the
strands in adjacent layers), and pressed.
Oven-dried ton(s) (ODT) means tons of wood dried until all of the
moisture in the wood is removed. One oven-dried ton equals 907 oven-
dried kilograms.
Partial wood products enclosure means an enclosure that does not
meet the design criteria for a wood products enclosure as defined in
this subpart.
Particle means a discrete, small piece of cellulosic material
(usually wood or agricultural fiber) produced mechanically and used as
the aggregate for a particleboard.
Particleboard means a composite panel composed primarily of
cellulosic materials (usually wood or agricultural fiber) generally in
the form of discrete pieces or particles, as distinguished from fibers,
which are pressed together with resin.
Plywood means a panel product consisting of layers of wood veneers
hot pressed together with resin. Plywood includes panel products made
by hot pressing (with resin) veneers to a substrate such as
particleboard, medium density fiberboard, or lumber.
Plywood and composite wood products (PCWP) manufacturing facility
means a facility that manufactures plywood and/or composite wood
products by bonding wood material (fibers, particles, strands, veneers,
etc.) or agricultural fiber, generally with resin under heat and
pressure, to form a structural panel or engineered wood product.
Plywood and composite wood products manufacturing facilities also
include facilities that manufacture dry veneer and lumber kilns located
at any
[[Page 46023]]
facility. Plywood and composite wood products include, but are not
limited to, plywood, veneer, particleboard, oriented strandboard,
hardboard, fiberboard, medium density fiberboard, laminated strand
lumber, laminated veneer lumber, wood I-joists, kiln-dried lumber, and
glue-laminated beams.
Press predryer means a dryer used to reduce the moisture and
elevate the temperature of a wet-formed fiber mat before the mat enters
a hot press. A press predryer is a process unit.
Pressurized refiner means a piece of equipment operated under
pressure for preheating (usually by steaming) wood material and
refining (rubbing or grinding) the wood material into fibers.
Pressurized refiners are operated with continuous infeed and outfeed of
wood material and maintain elevated internal pressures (i.e., there is
no pressure release) throughout the preheating and refining process. A
pressurized refiner is a process unit.
Primary tube dryer means a single-stage tube dryer or the first
stage of a multi-stage tube dryer. Tube dryer stages are separated by
vents for removal of moist gases between stages (e.g., a product
cyclone at the end of a single-stage dryer or between the first and
second stages of a multi-stage tube dryer). The first stage of a multi-
stage tube dryer is used to remove the majority of the moisture from
the wood furnish (compared to the moisture reduction in subsequent
stages of the tube dryer). Blow-lines used to apply resin are
considered part of the primary tube dryer. A primary tube dryer is a
process unit.
Process unit means equipment classified according to its function
such as a blender, dryer, press, former, or board cooler.
Reconstituted wood product board cooler means a piece of equipment
designed to reduce the temperature of a board by means of forced air or
convection within a controlled time period after the board exits the
reconstituted wood product press unloader. Board coolers include wicket
and star type coolers commonly found at medium density fiberboard and
particleboard plants. Board coolers do not include cooling sections of
dryers (e.g., veneer dryers or fiberboard mat dryers) or coolers
integrated into or following hardboard bake ovens or humidifiers. A
reconstituted wood product board cooler is a process unit.
Reconstituted wood product press means a press, including (if
applicable) the press unloader, that presses a resinated mat of wood
fibers, particles, or strands between hot platens or hot rollers to
compact and set the mat into a panel by simultaneous application of
heat and pressure. Reconstituted wood product presses are used in the
manufacture of hardboard, medium density fiberboard, particleboard, and
oriented strandboard. Extruders are not considered to be reconstituted
wood product presses. A reconstituted wood product press is a process
unit.
Representative operating conditions means operation of a process
unit during performance testing under the conditions that the process
unit will typically be operating in the future, including use of a
representative range of materials (e.g., wood material of a typical
species mix and moisture content or typical resin formulation) and
representative operating temperature range.
Resin means the synthetic adhesive (including glue) or natural
binder, including additives, used to bond wood or other cellulosic
materials together to produce plywood and composite wood products.
Responsible official means responsible official as defined in 40
CFR 70.2 and 40 CFR 71.2.
Rotary strand dryer means a rotary dryer operated at elevated
temperature and used to reduce the moisture of wood strands used in the
manufacture of oriented strandboard, laminated strand lumber, or other
wood strand-based products. A rotary strand dryer is a process unit.
Secondary tube dryer means the second stage and subsequent stages
following the primary stage of a multi-stage tube dryer. Secondary tube
dryers, also referred to as relay dryers, operate at lower temperatures
than the primary tube dryer they follow. Secondary tube dryers are used
to remove only a small amount of the furnish moisture compared to the
furnish moisture reduction across the primary tube dryer. A secondary
tube dryer is a process unit.
Softwood means the wood of a coniferous tree. Examples of softwoods
include, but are not limited to, Southern yellow pine, Douglas fir, and
White spruce.
Softwood veneer dryer means a dryer that removes excess moisture
from veneer by conveying the veneer through a heated medium, generally
on rollers, belts, cables, or wire mesh. Softwood veneer dryers are
used to dry veneer with greater than or equal to 30 percent softwood
species on an annual volume basis. Veneer kilns that operate as batch
units, veneer dryers heated by radio frequency or microwaves that are
used to redry veneer, and veneer redryers (defined elsewhere in this
section) that are heated by conventional means are not considered to be
softwood veneer dryers. A softwood veneer dryer is a process unit.
Startup means bringing equipment online and starting the production
process.
Startup, initial means the first time equipment is put into
operation. Initial startup does not include operation solely for
testing equipment. Initial startup does not include subsequent startups
(as defined in this section) following malfunction or shutdowns or
following changes in product or between batch operations. Initial
startup does not include startup of equipment that occurred when the
source was an area source.
Startup, shutdown, and malfunction plan (SSMP) means a plan
developed according to the provisions of Sec. 63.6(e)(3).
Strand means a long (with respect to thickness and width), flat
wood piece specially cut from a log for use in oriented strandboard,
laminated strand lumber, or other wood strand-based product.
Temporary total enclosure (TTE) means an enclosure constructed for
the purpose of measuring the capture efficiency of pollutants emitted
from a given source, as defined in Method 204 of 40 CFR part 51,
appendix M.
Thermal oxidizer means a control system that combusts or oxidizes
exhaust gas from a process unit. Thermal oxidizers include regenerative
thermal oxidizers and combustion units.
Total hazardous air pollutant emissions means, for purposes of this
subpart, the sum of the emissions of the following six compounds:
acetaldehyde, acrolein, formaldehyde, methanol, phenol, and
propionaldehyde.
Tube dryer means a single-stage or multi-stage dryer operated at
elevated temperature and used to reduce the moisture of wood fibers or
particles as they are conveyed (usually pneumatically) through the
dryer. Resin may or may not be applied to the wood material before it
enters the tube dryer. A tube dryer is a process unit.
Veneer means thin sheets of wood peeled or sliced from logs for use
in the manufacture of wood products such as plywood, laminated veneer
lumber, or other products.
Veneer redryer means a dryer heated by conventional means, such as
direct wood-fired, direct-gas-fired, or steam heated, that is used to
redry veneer that has been previously dried. Because the veneer dried
in a veneer redryer has been previously dried, the inlet moisture
content of the veneer entering the redryer is less than 25 percent (by
weight, dry basis). Batch units used to redry veneer (such as redry
cookers) are
[[Page 46024]]
not considered to be veneer redryers. A veneer redryer is a process
unit.
Wet control device means any equipment that uses water as a means
of collecting an air pollutant. Wet control devices include scrubbers,
wet electrostatic precipitators, and electrified filter beds. Wet
control devices do not include biofilters or other equipment that
destroys or degrades HAP.
Wet forming means the process of making a slurry of water, fiber,
and additives into a mat of fibers to be compressed into a fiberboard
or hardboard product.
Wood I-joists means a structural wood beam with an I-shaped cross
section formed by bonding (with resin) wood or laminated veneer lumber
flanges onto a web cut from a panel such as plywood or oriented
strandboard.
Wood products enclosure means a permanently installed containment
that was designed to meet the following physical design criteria:
(1) Any natural draft opening shall be at least four equivalent
opening diameters from each HAP-emitting point, except for where board
enters and exits the enclosure, unless otherwise specified by the EPA
Administrator.
(2) The total area of all natural draft openings shall not exceed 5
percent of the surface area of the enclosure's four walls, floor, and
ceiling.
(3) The average facial velocity of air through all natural draft
openings shall be at least 3,600 meters per hour (200 feet per minute).
The direction of airflow through all natural draft openings shall be
into the enclosure.
(4) All access doors and windows whose areas are not included in
item 2 of this definition and are not included in the calculation of
facial velocity in item 3 of this definition shall be closed during
routine operation of the process.
(5) The enclosure is designed and maintained to capture all
emissions for discharge through a control device.
Work practice requirement means any design, equipment, work
practice, or operational standard, or combination thereof, that is
promulgated pursuant to section 112(h) of the CAA.
Tables to Subpart DDDD of Part 63
Table 1A to Subpart DDDD of Part 63.--Production-Based Compliance
Options
------------------------------------------------------------------------
You must meet the following
production-based compliance
For the following process units . . . option (total HAP \a\ basis) .
. .
------------------------------------------------------------------------
(1) Fiberboard mat dryer heated zones 0.022 lb/MSF \1/2\''.
(at new affected sources only).
(2) Green rotary dryers................ 0.058 lb/ODT.
(3) Hardboard ovens.................... 0.022 lb/MSF \1/8\''.
(4) Press predryers (at new affected 0.037 lb/MSF \1/2\''.
sources only).
(5) Pressurized refiners............... 0.039 lb/ODT.
(6) Primary tube dryers................ 0.26 lb/ODT.
(7) Reconstituted wood product board 0.014 lb/MSF \3/4\''.
coolers (at new affected sources only).
(8) Reconstituted wood product presses. 0.30 lb/MSF \3/4\''.
(9) Softwood veneer dryer heated zones. 0.022 lb/MSF \3/8\''.
(10) Rotary strand dryers.............. 0.18 lb/ODT.
(11) Secondary tube dryers............. 0.010 lb/ODT.
------------------------------------------------------------------------
\a\ Total HAP, as defined in Sec. 63.2292, includes acetaldehyde,
acrolein, formaldehyde, methanol, phenol, and propionaldehyde. lb/ODT
= pounds per oven-dried ton; lb/MSF = pounds per thousand square feet
with a specified thickness basis (inches). Section 63.2262(j) shows
how to convert from one thickness basis to another.
Note: There is no production-based compliance option for conveyor strand
dryers.
Table 1B to Subpart DDDD of Part 63.--Add-on Control Systems Compliance
Options
------------------------------------------------------------------------
You must comply with one of the
For each of the following process units following six compliance
. . . options by using an emissions
control system . . .
------------------------------------------------------------------------
Fiberboard mat dryer heated zones (at (1) Reduce emissions of total
new affected sources only); green HAP, measured as THC (as
rotary dryers; hardboard ovens; press carbon) \a\, by 90 percent; or
predryers (at new affected sources (2) Limit emissions of total
only); pressurized refiners; primary HAP, measured as THC (as
tube dryers; secondary tube dryers; carbon) \a\, to 20 ppmvd; or
reconstituted wood product board (3) Reduce methanol emissions
coolers (at new affected sources by 90 percent; or
only); reconstituted wood product (4) Limit methanol emissions to
presses; softwood veneer dryer heated less than or equal to 1 ppmvd
zones; rotary strand dryers; conveyor if uncontrolled methanol
strand dryer zone one (at existing emissions entering the control
affected sources); and conveyor strand device are greater than or
dryer zones one and two (at new equal to 10 ppmvd; or
affected sources). (5) Reduce formaldehyde
emissions by 90 percent; or
(6) Limit formaldehyde
emissions to less than or
equal to 1 ppmvd if
uncontrolled formaldehyde
emissions entering the control
device are greater than or
equal to 10 ppmvd.
------------------------------------------------------------------------
\a\ You may choose to subtract methane from THC as carbon measurements.
Table 2 to Subpart DDDD of Part 63.--Operating Requirements
------------------------------------------------------------------------
If you operate a(n) . . . You must . . . Or you must . . .
------------------------------------------------------------------------
(1) Thermal oxidizer........ Maintain the 3-hour Maintain the 3-hour
block average block average THC
firebox temperature concentration \a\
above the minimum in the thermal
temperature oxidizer exhaust
established during below the maximum
the performance concentration
test. established during
the performance
test.
[[Page 46025]]
(2) Catalytic oxidizer...... Maintain the 3-hour Maintain the 3-hour
block average block average THC
catalytic oxidizer concentration \a\
temperature above in the catalytic
the minimum oxidizer exhaust
temperature below the maximum
established during concentration
the performance established during
test; AND check the the performance
activity level of a test.
representative
sample of the
catalyst at least
every 12 months.
(3) Biofilter............... Maintain the 24-hour Maintain the 24-hour
block biofilter bed block average THC
temperature within concentration \a\
the range in the biofilter
established exhaust below the
according to Sec. maximum
63.2262(m). concentration
established during
the performance
test.
(4) Control device other Petition the EPA Maintain the 3-hour
than a thermal oxidizer, Administrator for block average THC
catalytic oxidizer, or site-specific concentration \a\
biofilter. operating in the control
parameter(s) to be device exhaust
established during below the maximum
the performance concentration
test and maintain established during
the average the performance
operating test.
parameter(s) within
the range(s)
established during
the performance
test.
(5) Process unit that meets Maintain on a daily Maintain the 3-hour
a compliance option in basis the process block average THC
Table 1A of this subpart, unit controlling concentration \a\
or a process unit that operating in the process unit
generates debits in an parameter(s) within exhaust below the
emissions average without the ranges maximum
the use of a control device. established during concentration
the performance established during
test according to the performance
Sec. 63.2262(n). test.
------------------------------------------------------------------------
\a\ You may choose to subtract methane from THC measurements.
Table 3 to Subpart DDDD of Part 63.--Work Practice Requirements
------------------------------------------------------------------------
For the following process
units at existing or new You must . . .
affected sources . . .
------------------------------------------------------------------------
(1) Dry rotary dryers........ Process furnish with a 24-hour block
average inlet moisture content of less
than or equal to 30 percent (by weight,
dry basis); AND operate with a 24-hour
block average inlet dryer temperature of
less than or equal to 600[deg]F.
(2) Hardwood veneer dryers... Process less than 30 volume percent
softwood species on an annual basis.
(3) Softwood veneer dryers... Minimize fugitive emissions from the
dryer doors through (proper maintenance
procedures) and the green end of the
dryers (through proper balancing of the
heated zone exhausts).
(4) Veneer redryers.......... Process veneer that has been previously
dried, such that the 24-hour block
average inlet moisture content of the
veneer is less than or equal to 25
percent (by weight, dry basis).
(5) Group 1 miscellaneous Use non-HAP coatings as defined in Sec.
coating operations. 63.2292.
------------------------------------------------------------------------
Table 4 to Subpart DDDD of Part 63.--Requirements for Performance Tests
------------------------------------------------------------------------
For . . . You must . . . Using . . .
------------------------------------------------------------------------
(1) Each process unit Select sampling Method 1 or 1A of 40
subject to a compliance port's location and CFR part 60,
option in Table 1A or 1B to the number of appendix A (as
this subpart or used in traverse ports. appropriate).
calculation of an emissions
average under Sec.
63.2240(c).
(2) Each process unit Determine velocity Method 2 in addition
subject to a compliance and volumetric flow to Method 2A, 2C,
option in Table 1A or 1B to rate. 2D, 2F, or 2G in
this subpart or used in appendix A to 40
calculation of an emissions CFR part 60 (as
average under Sec. appropriate).
63.2240(c).
(3) Each process unit Conduct gas Method 3, 3A, or 3B
subject to a compliance molecular weight in appendix A to 40
option in Table 1A or 1B to analysis. CFR part 60 (as
this subpart or used in appropriate).
calculation of an emissions
average under Sec.
63.2240(c).
(4) Each process unit Measure moisture Method 4 in appendix
subject to a compliance content of the A to 40 CFR part
option in Table 1A or 1B to stack gas. 60; OR Method 320
this subpart or used in in appendix A to 40
calculation of an emissions CFR part 63; OR
average under Sec. ASTM D6348-03 (IBR,
63.2240(c). see Sec.
63.14(b)).
(5) Each process unit Measure emissions of Method 25A in
subject to a compliance total HAP as THC. appendix A to 40
option in Table 1B to this CFR part 60. You
subpart for which you may measure
choose to demonstrate emissions of
compliance using a total methane using EPA
HAP as THC compliance Method 18 in
option. appendix A to 40
CFR part 60 and
subtract the
methane emissions
from the emissions
of total HAP as
THC.
(6) Each process unit Measure emissions of Method 320 in
subject to a compliance total HAP (as appendix A to 40
option in Table 1A to this defined in Sec. CFR part 63; OR the
subpart; or for each 63.2292). NCASI Method IM/CAN/
process unit used in WP-99.02 (IBR, see
calculation of an emissions Sec. 63.14(f));
average under Sec. OR ASTM D6348-03
63.2240(c). (IBR, see Sec.
63.14(b)) provided
that percent R as
determined in Annex
A5 of ASTM D6348-03
is equal or greater
than 70 percent and
less than or equal
to 130 percent.
[[Page 46026]]
(7) Each process unit Measure emissions of Method 308 in
subject to a compliance methanol. appendix A to 40
option in Table 1B to this CFR part 63; OR
subpart for which you Method 320 in
choose to demonstrate appendix A to 40
compliance using a methanol CFR part 63; OR the
compliance option. NCASI Method CI/WP-
98.01 (IBR, see
Sec. 63.14(f));
OR the NCASI Method
IM/CAN/WP-99.02
(IBR, see Sec.
63.14(f)).
(8) Each process unit Measure emissions of Method 316 in
subject to a compliance formaldehyde. appendix A to 40
option in Table 1B to this CFR part 63; OR
subpart for which you Method 320 in
choose to demonstrate appendix A to 40
compliance using a CFR part 63; OR
formaldehyde compliance Method 0011 in
option. ``Test Methods for
Evaluating Solid
Waste, Physical/
Chemical Methods''
(EPA Publication
No. SW-846) for
formaldehyde; OR
the NCASI Method CI/
WP-98.01 (IBR, see
Sec. 63.14(f));
OR the NCASI Method
IM/CAN/WP-99.02
(IBR, see Sec.
63.14(f)).
(9) Each reconstituted wood Meet the design Methods 204 and 204A
product press at a new or specifications through 204F of 40
existing affected source or included in the CFR part 51,
reconstituted wood product definition of wood appendix M, to
board cooler at a new products enclosure determine capture
affected source subject to in Sec. 63.2292 efficiency (except
a compliance option in OR................. for wood products
Table 1B to this subpart or Determine the enclosures as
used in calculation of an percent capture defined in Sec.
emissions average under efficiency of the 63.2292).
Sec. 63.2240(c). enclosure directing Enclosures that
emissions to an add- meet the definition
on control device. of wood products
enclosure or that
meet Method 204
requirements for a
permanent total
enclosure (PTE) are
assumed to have a
capture efficiency
of 100 percent.
Enclosures that do
not meet either the
PTE requirements or
design criteria for
a wood products
enclosure must
determine the
capture efficiency
by constructing a
TTE according to
the requirements of
Method 204 and
applying Methods
204A through 204F
(as appropriate).
As an alternative
to Methods 204 and
204A through 204F,
you may use tracer
gas method
contained in
appendix A to this
subpart.
(10) Each reconstituted wood Determine the A TTE and Methods
product press at a new or percent capture 204 and 204A
existing affected source or efficiency. through 204F (as
reconstituted wood product appropriate) of 40
board cooler at a new CFR part 51,
affected source subject to appendix M. As an
a compliance option in alternative to
Table 1A to this subpart. installing a TTE
and using methods
204 and 204A
through 204F, you
may use the tracer
gas method
contained in
appendix A to this
subpart.
(11) Each process unit Establish the site- Data from the
subject to a compliance specific operating parameter
option in Table 1A and 1B requirements monitoring system
to this subpart or used in (including the or THC CEMS and the
calculation of an emissions parameter limits or applicable
average under Sec. THC concentration performance test
63.2240(c). limits) in Table 2 method(s).
to this subpart.
------------------------------------------------------------------------
Table 5 to Subpart DDDD of Part 63.--Performance Testing and Initial
Compliance Demonstrations for the Compliance Options and Operating
Requirements
------------------------------------------------------------------------
For the following
compliance options You have
For each . . . and operating demonstrated initial
requirements . . . compliance if . . .
------------------------------------------------------------------------
(1) Process unit listed in Meet the production- The average total
Table 1A to this subpart. based compliance HAP emissions
options listed in measured using the
Table 1A to this methods in Table 4
subpart. to this subpart
over the 3-hour
performance test
are no greater than
the compliance
option in Table 1A
to this subpart;
AND you have a
record of the
operating
requirement(s)
listed in Table 2
to this subpart for
the process unit
over the
performance test
during which
emissions did not
exceed the
compliance option
value.
[[Page 46027]]
(2) Process unit listed in Reduce emissions of Total HAP emissions,
Table 1B to this subpart. total HAP, measured measured using the
as THC, by 90 methods in Table 4
percent. to this subpart
over the 3-hour
performance test,
are reduced by at
least 90 percent,
as calculated using
the procedures in
Sec. 63.2262; AND
you have a record
of the operating
requirement(s)
listed in Table 2
to this subpart for
the process unit
over the
performance test
during which
emissions were
reduced by at least
90 percent.
(3) Process unit listed in Limit emissions of The average total
Table 1B to this subpart. total HAP, measured HAP emissions,
as THC, to 20 ppmvd. measured using the
methods in Table 4
to this subpart
over the 3-hour
performance test,
do not exceed 20
ppmvd; AND you have
a record of the
operating
requirement(s)
listed in Table 2
to this subpart for
the process unit
over the
performance test
during which
emissions did not
exceed 20 ppmvd.
(4) Process unit listed in Reduce methanol or The methanol or
Table 1B to this subpart. formaldehyde formaldehyde
emissions by 90 emissions measured
percent. using the methods
in Table 4 to this
subpart over the 3-
hour performance
test, are reduced
by at least 90
percent, as
calculated using
the procedures in
Sec. 63.2262; AND
you have a record
of the operating
requirement(s)
listed in Table 2
to this subpart for
the process unit
over the
performance test
during which
emissions were
reduced by at least
90 percent.
(5) Process unit listed in Limit methanol or The average methanol
Table 1B to this subpart. formaldehyde or formaldehyde
emissions to less emissions, measured
than or equal to 1 using the methods
ppmvd (if in Table 4 to this
uncontrolled subpart over the 3-
emissions are hour performance
greater than or test, do not exceed
equal to 10 ppmvd). 1 ppmvd; AND you
have a record of
the operating
requirement(s)
listed in Table 2
to this subpart for
the process unit
over the
performance test
during which
emissions did not
exceed 1 ppmvd. If
the process unit is
a reconstituted
wood product press
or a reconstituted
wood product board
cooler, your
capture device
either meets the
EPA Method 204
criteria for a PTE
or achieves a
capture efficiency
of greater than or
equal to 95
percent.
(6) Reconstituted wood Compliance options You submit the
product press at a new or in Tables 1A and 1B results of capture
existing affected source, to this subpart or efficiency
or reconstituted wood the emissions verification using
product board cooler at a averaging the methods in
new affected source. compliance option Table 4 to this
in Sec. subpart with your
63.2240(c). Notification of
Compliance Status.
(7) Process unit listed in Compliance options You submit with your
Table 1B to this subpart in Table 1B to this Notification of
controlled by routing subpart or the Compliance Status
exhaust to a combustion emissions averaging documentation
unit. compliance option showing that the
in Sec. process exhausts
63.2240(c). controlled enter
into the flame zone
of your combustion
unit.
(8) Process unit listed in Compliance options You submit with your
Table 1B to this subpart in Table 1B to this Notification of
using a wet control device subpart or the Compliance Status
as the sole means of emissions averaging your plan to
reducing HAP emissions. compliance option address how organic
in Sec. HAP captured in the
63.2240(c). wastewater from the
wet control device
is contained or
destroyed to
minimize re-release
to the atmosphere.
------------------------------------------------------------------------
[[Page 46028]]
Table 6 to Subpart DDDD of Part 63.--Initial Compliance Demonstrations
for Work Practice Requirements
------------------------------------------------------------------------
For the following You have
For each . . . work practice demonstrated initial
requirements . . . compliance if . . .
------------------------------------------------------------------------
(1) Dry rotary dryer........ Process furnish with You meet the work
an inlet moisture practice
content less than requirement AND you
or equal to 30 submit a signed
percent (by weight, statement with the
dry basis) AND Notification of
operate with an Compliance Status
inlet dryer that the dryer
temperature of less meets the criteria
than or equal to of a ``dry rotary
600 [deg]F. dryer'' AND you
have a record of
the inlet moisture
content and inlet
dryer temperature
(as required in
Sec. 63.2263).
(2) Hardwood veneer dryer... Process less than 30 You meet the work
volume percent practice
softwood species. requirement AND you
submit a signed
statement with the
Notification of
Compliance Status
that the dryer
meets the criteria
of a ``hardwood
veneer dryer'' AND
you have a record
of the percentage
of softwoods
processed in the
dryer (as required
in Sec. 63.2264).
(3) Softwood veneer dryer... Minimize fugitive You meet the work
emissions from the practice
dryer doors and the requirement AND you
green end. submit with the
Notification of
Compliance Status a
copy of your plan
for minimizing
fugitive emissions
from the veneer
dryer heated zones
(as required in
Sec. 63.2265).
(4) Veneer redryers......... Process veneer with You meet the work
an inlet moisture practice
content of less requirement AND you
than or equal to 25 submit a signed
percent (by weight, statement with the
dry basis). Notification of
Compliance Status
that the dryer
operates only as a
redryer AND you
have a record of
the veneer inlet
moisture content of
the veneer
processed in the
redryer (as
required in Sec.
63.2266).
(5) Group 1 miscellaneous Use non-HAP coatings You meet the work
coating operations. as defined in Sec. practice
63.2292. requirement AND you
submit a signed
statement with the
Notification of
Compliance Status
that you are using
non-HAP coatings
AND you have a
record showing that
you are using non-
HAP coatings.
------------------------------------------------------------------------
Table 7 to Subpart DDDD of Part 63.--Continuous Compliance With the
Compliance Options and Operating Requirements
------------------------------------------------------------------------
For the following You must demonstrate
compliance options continuous
For . . . and operating compliance by . . .
requirements . . .
------------------------------------------------------------------------
(1) Each process unit listed Compliance options Collecting and
in Table 1B to this subpart in Table 1B to this recording the
or used in calculation of subpart or the operating parameter
an emissions average under emissions averaging monitoring system
Sec. 63.2240(c). compliance option data listed in
in Sec. Table 2 to this
63.2240(c) and the subpart for the
operating process unit
requirements in according to Sec.
Table 2 to this 63.2269(a) through
subpart based on (b) and Sec.
monitoring of 63.2270; AND
operating reducing the
parameters. operating parameter
monitoring system
data to the
specified averages
in units of the
applicable
requirement
according to
calculations in
Sec. 63.2270; AND
maintaining the
average operating
parameter at or
above the minimum,
at or below the
maximum, or within
the range
(whichever applies)
established
according to Sec.
63.2262.
(2) Each process unit listed Compliance options Collecting and
in Tables 1A and 1B to this in Tables 1A and 1B recording the THC
subpart or used in to this subpart or monitoring data
calculation of an emissions the emissions listed in Table 2
average under Sec. averaging to this subpart for
63.2240(c). compliance option the process unit
in Sec. according to Sec.
63.2240(c) and the 63.2269(d); AND
operating reducing the CEMS
requirements in data to 3-hour
Table 2 of this block averages
subpart based on according to
THC CEMS data. calculations in
Sec. 63.2269(d);
AND maintaining the
3-hour block
average THC
concentration in
the exhaust gases
less than or equal
to the THC
concentration
established
according to Sec.
63.2262.
[[Page 46029]]
(3) Each process unit using Compliance options Conducting a repeat
a biofilter. in Tables 1B to performance test
this subpart or the using the
emissions averaging applicable
compliance option method(s) specified
in Sec. in Table 4 to this
63.2240(c). subpart within 2
years following the
previous
performance test
and within 180 days
after each
replacement of any
portion of the
biofilter bed media
with a different
type of media or
each replacement of
more than 50
percent (by volume)
of the biofilter
bed media with the
same type of media.
(4) Each process unit using Compliance options Checking the
a catalytic oxidizer. in Table 1B to this activity level of a
subpart or the representative
emissions averaging sample of the
compliance option catalyst at least
in Sec. every 12 months and
63.2240(c). taking any
necessary
corrective action
to ensure that the
catalyst is
performing within
its design range.
(5) Each process unit listed Compliance options Collecting and
in Table 1A to this in Table 1A to this recording on a
subpart, or each process subpart or the daily basis process
unit without a control emissions averaging unit controlling
device used in calculation compliance option operating parameter
of an emissions averaging in Sec. data; AND
debit under Sec. 63.2240(c) and the maintaining the
63.2240(c). operating operating parameter
requirements in at or above the
Table 2 to this minimum, at or
subpart based on below the maximum,
monitoring of or within the range
process unit (whichever applies)
controlling established
operating according to Sec.
parameters. 63.2262.
(6) Each Process unit listed Compliance options Implementing your
in Table 1B to this subpart in Table 1B to this plan to address how
using a wet control device subpart or the organic HAP
as the sole means of emissions averaging captured in the
reducing HAP emissions. compliance option wastewater from the
in Sec. wet control device
63.2240(c). is contained or
destroyed to
minimize re-release
to the atmosphere.
------------------------------------------------------------------------
Table 8 to Subpart DDDD of Part 63.--Continuous Compliance With the Work
Practice Requirements
------------------------------------------------------------------------
You must demonstrate
For the following continuous
For . . . work practice compliance by . . .
requirements . . .
------------------------------------------------------------------------
(1) Dry rotary dryer........ Process furnish with Maintaining the 24-
an inlet moisture hour block average
content less than inlet furnish
or equal to 30 moisture content at
percent (by weight, less than or equal
dry basis) AND to 30 percent (by
operate with an weight, dry basis)
inlet dryer AND maintaining the
temperature of less 24-hour block
than or equal to average inlet dryer
600 [deg]F. temperature at less
than or equal to
600 [deg]F; AND
keeping records of
the inlet
temperature of
furnish moisture
content and inlet
dryer temperature.
(2) Hardwood veneer dryer... Process less than 30 Maintaining the
volume percent volume percent
softwood species. softwood species
processed below 30
percent AND keeping
records of the
volume percent
softwood species
processed.
(3) Softwood veneer dryer... Minimize fugitive Following (and
emissions from the documenting that
dryer doors and the you are following)
green end. your plan for
minimizing fugitive
emissions.
(4) Veneer redryers......... Process veneer with Maintaining the 24-
an inlet moisture hour block average
content of less inlet moisture
than or equal to 25 content of the
percent (by weight, veneer processed at
dry basis). or below of less
than or 25 percent
AND keeping records
of the inlet
moisture content of
the veneer
processed.
(5) Group 1 miscellaneous Use non-HAP coatings Continuing to use
coating operations. as defined in Sec. non-HAP coatings
63.2292. AND keeping records
showing that you
are using non-HAP
coatings.
------------------------------------------------------------------------
Table 9 to Subpart DDDD of Part 63.--Requirements for Reports
------------------------------------------------------------------------
The report must You must submit the
You must submit a(n) . . . contain . . . report . . .
------------------------------------------------------------------------
(1) Compliance report....... The information in Semiannually
Sec. 63.2281(c) according to the
through (g). requirements in
Sec. 63.2281(b).
(2) immediate startup, (i) Actions taken By fax or telephone
shutdown, and malfunction for the event. within 2 working
report if you had a days after starting
startup, shutdown, or actions
malfunction during the inconsistent with
reporting period that is the plan.
not consistent with your
SSMP.
[[Page 46030]]
(ii) The information By letter within 7
in Sec. working days after
63.10(d)(5)(ii). the end of the
event unless you
have made
alternative
arrangements with
the permitting
authority.
------------------------------------------------------------------------
Table 10 to Subpart DDDD of Part 63.--Applicability of General Provisions to Subpart DDDD
----------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applies to subpart DDDD
----------------------------------------------------------------------------------------------------------------
Sec. 63.1......................... Applicability.......... Initial applicability Yes.
determination;
applicability after
standard established;
permit requirements;
extensions,
notifications.
Sec. 63.2......................... Definitions............ Definitions for part Yes.
63 standards.
Sec. 63.3......................... Units and Abbreviations Units and Yes.
abbreviations for
part 63 standards.
Sec. 63.4......................... Prohibited Activities.. Prohibited activities; Yes.
compliance date;
circumvention,
fragmentation.
Sec. 63.5......................... Construction/ Applicability; Yes.
Reconstruction. applications;
approvals.
Sec. 63.6(a)...................... Applicability.......... GP apply unless Yes.
compliance extension;
GP apply to area
sources that become
major.
Sec. 63.6(b)(1)-(4)............... Compliance Dates for Standards apply at Yes.
New and Reconstructed effective date; 3
Sources. years after effective
date; upon startup;
10 years after
construction or
reconstruction
commences for section
112(f).
Sec. 63.6(b)(5)................... Notification........... Must notify if Yes.
commenced
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6)................... [Reserved].............
Sec. 63.6(b)(7)................... Compliance Dates for Area sources that Yes.
New and Reconstructed become major must
Area Sources that comply with major
Become Major. source standards
immediately upon
becoming major,
regardless of whether
required to comply
when they were an
area source.
Sec. 63.6(c)(1)-(2)............... Compliance Dates for Comply according to Yes.
Existing Sources. date in subpart,
which must be no
later than 3 years
after effective date;
for section 112(f)
standards, comply
within 90 days of
effective date unless
compliance extension.
Sec. 63.6(c)(3)-(4)............... [Reserved].............
Sec. 63.6(c)(5)................... Compliance Dates for Area sources that Yes.
Existing Area Sources become major must
that Become Major. comply with major
source standards by
date indicated in
subpart or by
equivalent time
period (e.g., 3
years).
Sec. 63.6(d)...................... [Reserved].............
Sec. 63.6(e)(1)-(2)............... Operation & Maintenance Operate to minimize Yes.
emissions at all
times; correct
malfunctions as soon
as practicable;
operation and
maintenance
requirements
independently
enforceable;
information
Administrator will
use to determine if
operation and
maintenance
requirements were met.
Sec. 63.6(e)(3)................... Startup, Shutdown, and Requirement for SSM Yes.
Malfunction Plan and SSMP; content of
(SSMP). SSMP.
Sec. 63.6(f)(1)................... Compliance Except You must comply with Yes.
During SSM. emission standards at
all times except
during SSM.
Sec. 63.6(f)(2)-(3)............... Methods for Determining Compliance based on Yes.
Compliance. performance test,
operation and
maintenance plans,
records, inspection.
Sec. 63.6(g)(1)-(3)............... Alternative Standard... Procedures for getting Yes.
an alternative
standard.
Sec. 63.6(h)(1)-(9)............... Opacity/Visible Requirements for NA.
Emission (VE) opacity and visible
Standards. emission standards.
Sec. 63.6(i)(1)-(14).............. Compliance Extension... Procedures and Yes.
criteria for
Administrator to
grant compliance
extension.
Sec. 63.6(i)(15).................. [Reserved].............
Sec. 63.6(i)(16).................. Compliance Extension... Compliance extension Yes.
and Administrator's
authority.
[[Page 46031]]
Sec. 63.6(j)...................... Presidential Compliance President may exempt Yes.
Exemption. source category from
requirement to comply
with rule.
Sec. 63.7(a)(1)-(2)............... Performance Test Dates. Dates for conducting Yes.
initial performance
testing and other
compliance
demonstrations; must
conduct 180 days
after first subject
to rule.
Sec. 63.7(a)(3)................... Section 114 Authority.. Administrator may Yes.
require a performance
test under CAA
section 114 at any
time.
Sec. 63.7(b)(1)................... Notification of Must notify Yes.
Performance Test. Administrator 60 days
before the test.
Sec. 63.7(b)(2)................... Notification of If have to reschedule Yes.
Rescheduling. performance test,
must notify
Administrator as soon
as practicable.
Sec. 63.7(c)...................... Quality Assurance/Test Requirement to submit Yes.
Plan. site-specific test
plan 60 days before
the test or on date
Administrator agrees
with; test plan
approval procedures;
performance audit
requirements;
internal and external
QA procedures for
testing.
Sec. 63.7(d)...................... Testing Facilities..... Requirements for Yes.
testing facilities.
Sec. 63.7(e)(1)................... Conditions for Performance tests must Yes.
Conducting Performance be conducted under
Tests. representative
conditions; cannot
conduct performance
tests during SSM; not
a violation to exceed
standard during SSM.
Sec. 63.7(e)(2)................... Conditions for Must conduct according Yes.
Conducting Performance to rule and EPA test
Tests. methods unless
Administrator
approves alternative.
Sec. 63.7(e)(3)................... Test Run Duration...... Must have three test Yes.
runs for at least the
time specified in the
relevant standard;
compliance is based
on arithmetic mean of
three runs; specifies
conditions when data
from an additional
test run can be used.
Sec. 63.7(f)...................... Alternative Test Method Procedures by which Yes.
Administrator can
grant approval to use
an alternative test
method.
Sec. 63.7(g)...................... Performance Test Data Must include raw data Yes.
Analysis. in performance test
report; must submit
performance test data
60 days after end of
test with the
notification of
compliance status;
keep data for 5 years.
Sec. 63.7(h)...................... Waiver of Tests........ Procedures for Yes.
Administrator to
waive performance
test.
Sec. 63.8(a)(1)................... Applicability of Subject to all Yes.
Monitoring monitoring
Requirements. requirements in
standard.
Sec. 63.8(a)(2)................... Performance Performance Yes.
Specifications. specifications in
appendix B of part 60
apply.
Sec. 63.8(a)(3)................... [Reserved].............
Sec. 63.8(a)(4)................... Monitoring with Flares. Requirements for NA.
flares in Sec.
63.11 apply.
Sec. 63.8(b)(1)................... Monitoring............. Must conduct Yes.
monitoring according
to standard unless
Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)............... Multiple Effluents and Specific requirements Yes.
Multiple Monitoring for installing
Systems. monitoring systems;
must install on each
effluent before it is
combined and before
it is released to the
atmosphere unless
Administrator
approves otherwise;
if more than one
monitoring system on
an emission point,
must report all
monitoring system
results, unless one
monitoring system is
a backup.
Sec. 63.8(c)(1)................... Monitoring System Maintain monitoring Yes.
Operation and system in a manner
Maintenance. consistent with and
good air pollution
control practices.
Sec. 63.8(c)(1)(i)................ Operation and Must maintain and Yes.
Maintenance of CMS. operate CMS in
accordance with Sec.
63.6(e)(1).
Sec. 63.8(c)(1)(ii)............... Spare Parts for CMS.... Must maintain spare Yes.
parts for routine CMS
repairs.
[[Page 46032]]
Sec. 63.8(c)(1)(iii).............. SSMP for CMS........... Must develop and Yes.
implement SSMP for
CMS.
Sec. 63.8(c)(2)-(3)............... Monitoring System Must install to get Yes.
Installation. representative
emission of parameter
measurements; must
verify operational
status before or at
performance test.
Sec. 63.8(c)(4)................... Continuous Monitoring CMS must be operating Yes.
System (CMS) except during
Requirements. breakdown, out-of-
control, repair,
maintenance, and high-
level calibration
drifts; COMS must
have a minimum of one
cycle of sampling and
analysis for each
successive 10-second
period and one cycle
of data recording for
each successive 6-
minute period; CEMS
must have a minimum
of one cycle of
operation for each
successive 15-minute
period.
Sec. 63.8(c)(5)................... Continuous Opacity COMS minimum NA.
Monitoring System procedures.
(COMS) Minimum
Procedures.
Sec. 63.8(c)(6)-(8)............... CMS Requirements....... Zero and high-level Yes.
calibration check
requirements; out-of-
control periods.
Sec. 63.8(d)...................... CMS Quality Control.... Requirements for CMS Yes.
quality control,
including
calibration, etc.;
must keep quality
control plan on
record for 5 years.
Keep old versions for
5 years after
revisions.
Sec. 63.8(e)...................... CMS Performance Notification, Yes.
Evaluation. performance
evaluation test plan,
reports.
Sec. 63.8(f)(1)-(5)............... Alternative Monitoring Procedures for Yes.
Method. Administrator to
approve alternative
monitoring.
Sec. 63.8(f)(6)................... Alternative to Relative Procedures for Yes.
Accuracy Test. Administrator to
approve alternative
relative accuracy
tests for CEMS.
Sec. 63.8(g)...................... Data Reduction......... COMS 6-minute averages Yes.
calculated over at
least 36 evenly
spaced data points;
CEMS 1 hour averages
computed over at
least 4 equally
spaced data points;
data that can't be
used in average;
rounding of data.
Sec. 63.9(a)...................... Notification Applicability and Yes.
Requirements. State delegation.
Sec. 63.9(b)(1)-(2)............... Initial Notifications.. Submit notification Yes.
120 days after
effective date;
contents of
notification.
Sec. 63.9(b)(3)................... [Reserved].............
Sec. 63.9(b)(4)-(5)............... Initial Notifications.. Submit notification Yes.
120 days after
effective date;
notification of
intent to construct/
reconstruct;
notification of
commencement of
construct/
reconstruct;
notification of
startup; contents of
each.
Sec. 63.9(c)...................... Request for Compliance Can request if cannot Yes.
Extension. comply by date or if
installed best
available control
technology/lowest
achievable emission
rate.
Sec. 63.9(d)...................... Notification of Special For sources that Yes.
Compliance commence construction
Requirements for New between proposal and
Source. promulgation and want
to comply 3 years
after effective date.
Sec. 63.9(e)...................... Notification of Notify EPA Yes.
Performance Test. Administrator 60 days
prior.
Sec. 63.9(f)...................... Notification of Visible Notify EPA No.
Emissions/Opacity Test. Administrator 30 days
prior.
Sec. 63.9(g)...................... Additional Notification of Yes.
Notifications When performance
Using CMS. evaluation;
notification using
COMS data;
notification that
exceeded criterion
for relative accuracy.
Sec. 63.9(h)(1)-(6)............... Notification of Contents; due 60 days Yes.
Compliance Status. after end of
performance test or
other compliance
demonstration, except
for opacity/VE, which
are due 30 days
after; when to submit
to Federal vs. State
authority.
[[Page 46033]]
Sec. 63.9(i)...................... Adjustment of Submittal Procedures for Yes.
Deadlines. Administrator to
approve change in
when notifications
must be submitted.
Sec. 63.9(j)...................... Change in Previous Must submit within 15 Yes.
Information. days after the change.
Sec. 63.10(a)..................... Recordkeeping/Reporting Applies to all, unless Yes.
compliance extension;
when to submit to
Federal vs. State
authority; procedures
for owners of more
than one source.
Sec. 63.10(b)(1).................. Recordkeeping/Reporting General Requirements; Yes.
keep all records
readily available;
keep for 5 years.
Sec. 63.10(b)(2)(i)-(iv).......... Records Related to Occurrence of each of Yes.
Startup, Shutdown, and operation (process
Malfunction. equipment);
occurrence of each
malfunction of air
pollution equipment;
maintenance on air
pollution control
equipment; actions
during startup,
shutdown, and
malfunction.
Sec. 63.10(b)(2)(vi) and (x)-(xi). CMS Records............ Malfunctions, Yes.
inoperative, out-of-
control.
Sec. 63.10(b)(2)(vii)-(ix)........ Records................ Measurements to Yes.
demonstrate
compliance with
compliance options
and operating
requirements;
performance test,
performance
evaluation, and
visible emission
observation results;
measurements to
determine conditions
of performance tests
and performance
evaluations.
Sec. 63.10(b)(2)(xii)............. Records................ Records when under Yes.
waiver.
Sec. 63.10(b)(2)(xiii)............ Records................ Records when using Yes.
alternative to
relative accuracy
test.
Sec. 63.10(b)(2)(xiv)............. Records................ All documentation Yes.
supporting initial
notification and
notification of
compliance status.
Sec. 63.10(b)(3).................. Records................ Applicability Yes.
determinations.
Sec. 63.10(c)(1)-(6), (9)-(15).... Records................ Additional records for Yes.
CMS.
Sec. 63.10(c)(7)-(8).............. Records................ Records of excess No.
emissions and
parameter monitoring
exceedances for CMS.
Sec. 63.10(d)(1).................. General Reporting Requirement to report. Yes.
Requirements.
Sec. 63.10(d)(2).................. Report of Performance When to submit to Yes.
Test Results. Federal or State
authority.
Sec. 63.10(d)(3).................. Reporting Opacity or VE What to report and NA.
Observations. when.
Sec. 63.10(d)(4).................. Progress Reports....... Must submit progress Yes.
reports on schedule
if under compliance
extension.
Sec. 63.10(d)(5).................. Startup, Shutdown, and Contents and Yes.
Malfunction Reports. submission.
Sec. 63.10(e)(1)-(2).............. Additional CMS Reports. Must report results Yes.
for each CEM on a
unit; written copy of
performance
evaluation; 3 copies
of COMS performance
evaluation.
Sec. 63.10(e)(3).................. Reports................ Excess emission No.
reports.
Sec. 63.10(e)(4).................. Reporting COMS data.... Must submit COMS data NA.
with performance test
data.
Sec. 63.10(f)..................... Waiver for Procedures for EPA Yes.
Recordkeeping/ Administrator to
Reporting. waive.
Sec. 63.11........................ Flares................. Requirements for NA.
flares.
Sec. 63.12........................ Delegation............. State authority to Yes.
enforce standards.
Sec. 63.13........................ Addresses.............. Addresses where Yes.
reports,
notifications, and
requests are send.
Sec. 63.14........................ Incorporation by Test methods Yes.
Reference. incorporated by
reference.
Sec. 63.15........................ Availability of Public and Yes.
Information. confidential
information.
----------------------------------------------------------------------------------------------------------------
[[Page 46034]]
Appendix A to Subpart DDDD of Part 63--Alternative Procedure to
Determine Capture Efficiency From Enclosures Around Hot Presses in the
Plywood and Composite Wood Products Industry Using Sulfur Hexafluoride
Tracer Gas
1.0 Scope and Application
This procedure has been developed specifically for the rule for
the plywood and composite wood products (PCWP) industry and is used
to determine the capture efficiency of a partial hot press enclosure
in that industry. This procedure is applicable for the determination
of capture efficiency for enclosures around hot presses and is an
alternative to the construction of temporary total enclosures (TTE).
Sulfur hexafluoride (SF6) is used as a tracer gas (other
tracer gases may be used if approved by the EPA Administrator). This
gas is not indigenous to the ambient atmosphere and is nonreactive.
This procedure uses infrared spectrometry (IR) as the analytical
technique. When the infrared spectrometer used is a Fourier-
Transform Infrared spectrometer (FTIR), an alternate instrument
calibration procedure may be used; the alternate calibration
procedure is the calibration transfer standard (CTS) procedure of
EPA Method 320 (appendix A to 40 CFR part 63). Other analytical
techniques which are capable of equivalent Method Performance
(Section 13.0) also may be used. Specifically, gas chromatography
with electron capture detection (GC/ECD) is an applicable technique
for analysis of SF6.
2.0 Summary of Method
A constant mass flow rate of SF6 tracer gas is
released through manifolds at multiple locations within the
enclosure to mimic the release of hazardous air pollutants during
the press process. This test method requires a minimum of three
SF6 injection points (two at the press unloader and one
at the press) and provides details about considerations for locating
the injection points. A GC/ECD is used to measure the concentration
of SF6 at the inlet duct to the control device (outlet
duct from enclosure). Simultaneously, EPA Method 2 (appendix A to 40
CFR part 60) is used to measure the flow rate at the inlet duct to
the control device. The concentration and flow rate measurements are
used to calculate the mass emission rate of SF6 at the
control device inlet. Through calculation of the mass of
SF6 released through the manifolds and the mass of
SF6 measured at the inlet to the control device, the
capture efficiency of the enclosure is calculated.
In addition, optional samples of the ambient air may be taken at
locations around the perimeter of the enclosure to quantify the
ambient concentration of SF6 and to identify those areas
of the enclosure that may be performing less efficiently; these
samples would be taken using disposable syringes and would be
analyzed using a GC/ECD.
Finally, in addition to the requirements specified in this
procedure, the data quality objectives (DQO) or lower confidence
limit (LCL) criteria specified in appendix A to 40 CFR part 63,
subpart KK, Data Quality Objective and Lower Confidence Limit
Approaches for Alternative Capture Efficiency Protocols and Test
Methods, must also be satisfied. A minimum of three test runs are
required for this procedure; however, additional test runs may be
required based on the results of the DQO or LCL analysis.
3.0 Definitions
3.1 Capture efficiency (CE). The weight per unit time of
SF6 entering the control device divided by the weight per
unit time of SF6 released through manifolds at multiple
locations within the enclosure.
3.2 Control device (CD). The equipment used to reduce, by
destruction or removal, press exhaust air pollutants prior to
discharge to the ambient air.
3.3 Control/destruction efficiency (DE). The volatile organic
compound or HAP removal efficiency of the control device.
3.4 Data Quality Objective (DQO) Approach. A statistical
procedure to determine the precision of the data from a test series
and to qualify the data in the determination of capture efficiency
for compliance purposes. If the results of the DQO analysis of the
initial three test runs do not satisfy the DQO criterion, the LCL
approach can be used or additional test runs must be conducted. If
additional test runs are conducted, then the DQO or LCL analysis is
conducted using the data from both the initial test runs and all
additional test runs.
3.5 Lower Confidence Limit (LCL) Approach. An alternative
statistical procedure that can be used to qualify data in the
determination of capture efficiency for compliance purposes. If the
results of the LCL approach produce a CE that is too low for
demonstrating compliance, then additional test runs must be
conducted until the LCL or DQO is met. As with the DQO, data from
all valid test runs must be used in the calculation.
3.6 Minimum Measurement Level (MML). The minimum tracer gas
concentration expected to be measured during the test series. This
value is selected by the tester based on the capabilities of the IR
spectrometer (or GC/ECD) and the other known or measured parameters
of the hot press enclosure to be tested. The selected MML must be
above the low-level calibration standard and preferably below the
mid-level calibration standard.
3.7 Method 204. The U.S. EPA Method 204, ``Criteria For and
Verification of a Permanent or Temporary Total Enclosure'' (40 CFR
part 51, appendix M).
3.8 Method 205. The U.S. EPA Method 205, ``Verification of Gas
Dilution Systems for Field Instrument Calibrations'' (40 CFR part
51, appendix M).
3.9 Method 320. The U.S. EPA Method 320, ``Measurement of Vapor
Phase Organic and Inorganic Emissions by Extractive Fourier
Transform Infrared (FTIR) Spectroscopy'' (40 CFR part 63, appendix
A).
3.10 Overall capture and control efficiency (CCE). The
collection and control/destruction efficiency of both the PPE and CD
combined. The CCE is calculated as the product of the CE and DE.
3.11 Partial press enclosure (PPE). The physical barrier that
``partially'' encloses the press equipment, captures a significant
amount of the associated emissions, and transports those emissions
to the CD.
3.12 Test series. A minimum of three test runs or, when more
than three runs are conducted, all of the test runs conducted.
4.0 Interferences
There are no known interferences.
5.0 Safety
Sulfur hexafluoride is a colorless, odorless, nonflammable
liquefied gas. It is stable and nonreactive and, because it is
noncorrosive, most structural materials are compatible with it. The
Occupational Safety and Health Administration Permissible Emission
Limit-Time Weighted Average (PEL-TWA) and Threshold Limit Value-Time
Weighted Average (TLV-TWA) concentrations are 1,000 parts per
million. Sulfur hexafluoride is an asphyxiant. Exposure to an
oxygen-deficient atmosphere (less than 19.5 percent oxygen) may
cause dizziness, drowsiness, nausea, vomiting, excess salivation,
diminished mental alertness, loss of consciousness, and death.
Exposure to atmospheres containing less than 12 percent oxygen will
bring about unconsciousness without warning and so quickly that the
individuals cannot help themselves. Contact with liquid or cold
vapor may cause frostbite. Avoid breathing sulfur hexafluoride gas.
Self-contained breathing apparatus may be required by rescue
workers. Sulfur hexafluoride is not listed as a carcinogen or a
potential carcinogen.
6.0 Equipment and Supplies
This method requires equipment and supplies for: (a) the
injection of tracer gas into the enclosure, (b) the measurement of
the tracer gas concentration in the exhaust gas entering the control
device, and (c) the measurement of the volumetric flow rate of the
exhaust gas entering the control device. In addition, the requisite
equipment needed for EPA Methods 1-4 in appendix A to 40 CFR part 60
will be required. Equipment and supplies for optional ambient air
sampling are discussed in Section 8.6.
6.1 Tracer Gas Injection.
6.1.1 Manifolds. This method requires the use of tracer gas
supply cylinder(s) along with the appropriate flow control elements.
Figure 1 shows a schematic drawing of the injection system showing
potential locations for the tracer gas manifolds. Figure 2 shows a
schematic drawing of the recommended configuration of the injection
manifold. Three tracer gas discharge manifolds are required at a
minimum.
6.1.2 Flow Control Meter. Flow control and measurement meter for
measuring the quantity of tracer gas injected. A mass flow,
volumetric flow, or critical orifice control meter can be used for
this method. The meter must be accurate to within 5
percent at the flow rate used. This means that the flow meter must
be calibrated against a primary standard for flow measurement at the
appropriate flow rate.
6.2 Measurement of Tracer Gas Concentration.
6.2.1 Sampling Probes. Use Pyrex or stainless steel sampling
probes of sufficient length to reach the traverse points calculated
according to EPA Method 1 (appendix A to 40 CFR part 60).
[[Page 46035]]
6.2.2 Sampling Line. Use a heated Teflon sampling line to
transport the sample to the analytical instrument.
6.2.3 Sampling Pump. Use a sampling pump capable of extracting
sufficient sample from the duct and transporting to the analytical
instrument.
6.2.4 Sample Conditioning System. Use a particulate filter
sufficient to protect the sampling pump and analytical instrument.
At the discretion of the tester and depending on the equipment used
and the moisture content of the exhaust gas, it may be necessary to
further condition the sample by removing moisture using a condenser.
6.2.5 Analytical Instrument. Use one of the following analytical
instruments.
6.2.5.1 Spectrometer. Use an infrared spectrometer designed to
measuring SF6 tracer gas and capable of meeting or
exceeding the specifications of this procedure. An FTIR meeting the
specifications of Method 320 in appendix A to 40 CFR part 63 may be
used.
6.2.5.2 GC/ECD. Use a GC/ECD designed to measure SF6
tracer gas and capable of meeting or exceeding the specifications of
this procedure.
6.2.6 Recorder. At a minimum, use a recorder with linear strip
chart. An automated data acquisition system (DAS) is recommended.
6.3 Exhaust Gas Flow Rate Measurement. Use equipment specified
for EPA Methods 2, 3, and 4 in appendix A to 40 CFR part 60 for
measuring flow rate of exhaust gas at the inlet to the control
device.
7.0 Reagents and Standards
7.1 Tracer Gas. Use SF6 as the tracer gas. The
manufacturer of the SF6 tracer gas should provide a
recommended shelf life for the tracer gas cylinder over which the
concentration does not change more than 2 percent from
the certified value. A gas mixture of SF6 diluted with
nitrogen should be used; based on experience and calculations, pure
SF6 gas is not necessary to conduct tracer gas testing.
Select a concentration and flow rate that is appropriate for the
analytical instrument's detection limit, the MML, and the exhaust
gas flow rate from the enclosure (see section 8.1.1). You may use a
tracer gas other than SF6 with the prior approval of the
EPA Administrator. If you use an approved tracer gas other than
SF6, all references to SF6 in this protocol
instead refer to the approved tracer gas.
7.2 Calibration Gases. The SF6 calibration gases
required will be dependent on the selected MML and the appropriate
span selected for the test. Commercial cylinder gases certified by
the manufacturer to be accurate to within 1 percent of the certified
label value are preferable, although cylinder gases certified by the
manufacturer to 2 percent accuracy are allowed. Additionally, the
manufacturer of the SF6 calibration gases should provide
a recommended shelf life for each calibration gas cylinder over
which the concentration does not change more than 2
percent from the certified value. Another option allowed by this
method is for the tester to obtain high concentration certified
cylinder gases and then use a dilution system meeting the
requirements of EPA Method 205, 40 CFR part 51, appendix M, to make
multi-level calibration gas standards. Low-level, mid-level, and
high-level calibration gases will be required. The MML must be above
the low-level standard, the high-level standard must be no more than
four times the low-level standard, and the mid-level standard must
be approximately halfway between the high- and low-level standards.
See section 12.1 for an example calculation of this procedure.
Note: If using an FTIR as the analytical instrument, the tester
has the option of following the CTS procedures of Method 320 in
appendix A to 40 CFR part 63; the calibration standards (and
procedures) specified in Method 320 may be used in lieu of the
calibration standards and procedures in this protocol.
7.2.1 Zero Gas. High purity nitrogen.
7.2.2 Low-Level Calibration Gas. An SF6 calibration
gas in nitrogen with a concentration equivalent to 20 to 30 percent
of the applicable span value.
7.2.3 Mid-Level Calibration Gas. An SF6 calibration
gas in nitrogen with a concentration equivalent to 45 to 55 percent
of the applicable span value.
7.2.4 High-Level Calibration Gas. An SF6 calibration
gas in nitrogen with a concentration equivalent to 80 to 90 percent
of the applicable span value.
8.0 Sample Collection, Preservation, Storage, and Transport
8.1 Test Design.
8.1.1 Determination of Minimum Tracer Gas Flow Rate.
8.1.1.1 Determine (via design calculations or measurements) the
approximate flow rate of the exhaust gas through the enclosure,
actual cubic feet per minute (acfm).
8.1.1.2 Calculate the minimum tracer gas injection rate
necessary to assure a detectable SF6 concentration at the
exhaust gas measurement point (see section 12.1 for calculation).
8.1.1.3 Select a flow meter for the injection system with an
operating range appropriate for the injection rate selected.
8.1.2 Determination of the Approximate Time to Reach
Equilibrium.
8.1.2.1 Determine the volume of the enclosure.
8.1.2.2 Calculate the air changes per minute of the enclosure by
dividing the approximate exhaust flow rate (8.1.1.1 above) by the
enclosed volume (8.1.2.1 above).
8.1.2.3 Calculate the time at which the tracer concentration in
the enclosure will achieve approximate equilibrium. Divide 3 by the
air changes per minute (8.1.2.2 above) to establish this time. This
is the approximate length of time for the system to come to
equilibrium. Concentration equilibrium occurs when the tracer
concentration in the enclosure stops changing as a function of time
for a constant tracer release rate. Because the press is
continuously cycling, equilibrium may be exhibited by a repeating,
but stable, cyclic pattern rather than a single constant
concentration value. Assure sufficient tracer gas is available to
allow the system to come to equilibrium, and to sample for a minimum
of 20 minutes and repeat the procedure for a minimum of three test
runs. Additional test runs may be required based on the results of
the DQO and LCL analyses described in 40 CFR part 63, subpart KK,
appendix A.
8.1.3 Location of Injection Points. This method requires a
minimum of three tracer gas injection points. The injection points
should be located within leak prone, volatile organic compound/
hazardous air pollutant (VOC/HAP) producing areas around the press,
or horizontally within 12 inches of the defined equipment. One
potential configuration of the injection points is depicted in
Figure 1. The effect of wind, exfiltration through the building
envelope, and air flowing through open building doors should be
considered when locating tracer gas injection points within the
enclosure. The injection points should also be located at a vertical
elevation equal to the VOC/HAP generating zones. The injection
points should not be located beneath obstructions that would prevent
a natural dispersion of the gas. Document the selected injection
points in a drawing(s).
8.1.4 Location of Flow Measurement and Tracer Sampling. Accurate
CD inlet gas flow rate measurements are critical to the success of
this procedure. Select a measurement location meeting the criteria
of EPA Method 1 (40 CFR part 60, appendix A), Sampling and Velocity
Traverses for Stationary Sources. Also, when selecting the
measurement location, consider whether stratification of the tracer
gas is likely at the location (e.g., do not select a location
immediately after a point of air in-leakage to the duct).
8.2 Tracer Gas Release. Release the tracer gas at a calculated
flow rate (see section 12.1 for calculation) through a minimum of
three injection manifolds located as described above in 8.1.3. The
tracer gas delivery lines must be routed into the enclosure and
attached to the manifolds without violating the integrity of the
enclosure.
8.3 Pretest Measurements.
8.3.1 Location of Sampling Point(s). If stratification is not
suspected at the measurement location, select a single sample point
located at the centroid of the CD inlet duct or at a point no closer
to the CD inlet duct walls than 1 meter. If stratification is
suspected, establish a ``measurement line'' that passes through the
centroidal area and in the direction of any expected stratification.
Locate three traverse points at 16.7, 50.0 and 83.3 percent of the
measurement line and sample from each of these three points during
each run, or follow the procedure in section 8.3.2 to verify whether
stratification does or does not exist.
8.3.2 Stratification Verification. The presence or absence of
stratification can be verified by using the following procedure.
While the facility is operating normally, initiate tracer gas
release into the enclosure. For rectangular ducts, locate at least
nine sample points in the cross section such that the sample points
are the centroids of similarly-shaped, equal area divisions of the
cross section. Measure the tracer gas concentration at each point.
Calculate the mean value for all sample points. For circular ducts,
conduct a 12-point traverse (i.e., six points on each of the two
perpendicular
[[Page 46036]]
diameters) locating the sample points as described in 40 CFR part
60, appendix A, Method 1. Perform the measurements and calculations
as described above. Determine if the mean pollutant concentration is
more than 10 percent different from any single point. If so, the
cross section is considered to be stratified, and the tester may not
use a single sample point location, but must use the three traverse
points at 16.7, 50.0, and 83.3 percent of the entire measurement
line. Other traverse points may be selected, provided that they can
be shown to the satisfaction of the Administrator to provide a
representative sample over the stack or duct cross section.
8.4 CD Inlet Gas Flow Rate Measurements. The procedures of EPA
Methods 1-4 (40 CFR part 60, appendix A) are used to determine the
CD inlet gas flow rate. Molecular weight (Method 3) and moisture
(Method 4) determinations are only required once for each test
series. However, if the test series is not completed within 24
hours, then the molecular weight and moisture measurements should be
repeated daily. As a minimum, velocity measurements are conducted
according to the procedures of Methods 1 and 2 before and after each
test run, as close to the start and end of the run as practicable. A
velocity measurement between two runs satisfies both the criterion
of ``after'' the run just completed and ``before'' the run to be
initiated. Accurate exhaust gas flow rate measurements are critical
to the success of this procedure. If significant temporal variations
of flow rate are anticipated during the test run under normal
process operating conditions, take appropriate steps to accurately
measure the flow rate during the test. Examples of steps that might
be taken include: (1) conducting additional velocity traverses
during the test run; or (2) continuously monitoring a single point
of average velocity during the run and using these data, in
conjunction with the pre- and post-test traverses, to calculate an
average velocity for the test run.
8.5 Tracer Gas Measurement Procedure.
8.5.1 Calibration Error Test. Immediately prior to the emission
test (within 2 hours of the start of the test), introduce zero gas
and high-level calibration gas at the calibration valve assembly.
Zero and calibrate the analyzer according to the manufacturer's
procedures using, respectively, nitrogen and the calibration gases.
Calculate the predicted response for the low-level and mid-level
gases based on a linear response line between the zero and high-
level response. Then introduce the low-level and mid-level
calibration gases successively to the measurement system. Record the
analyzer responses for the low-level and mid-level calibration gases
and determine the differences between the measurement system
responses and the predicted responses using the equation in section
12.3. These differences must be less than 5 percent of the
respective calibration gas value. If not, the measurement system
must be replaced or repaired prior to testing. No adjustments to the
measurement system shall be conducted after the calibration and
before the drift determination (section 8.5.4). If adjustments are
necessary before the completion of the test series, perform the
drift checks prior to the required adjustments and repeat the
calibration following the adjustments. If multiple electronic ranges
are to be used, each additional range must be checked with a mid-
level calibration gas to verify the multiplication factor.
Note: If using an FTIR for the analytical instrument, you may
choose to follow the pretest preparation, evaluation, and
calibration procedures of Method 320 (section 8.0) (40 CFR part 63,
appendix A) in lieu of the above procedure.
8.5.2 Response Time Test. Conduct this test once prior to each
test series. Introduce zero gas into the measurement system at the
calibration valve assembly. When the system output has stabilized,
switch quickly to the high-level calibration gas. Record the time
from the concentration change to the measurement system response
equivalent to 95 percent of the step change. Repeat the test three
times and average the results.
8.5.3 SF6 Measurement. Sampling of the enclosure
exhaust gas at the inlet to the CD should begin at the onset of
tracer gas release. If necessary, adjust the tracer gas injection
rate such that the measured tracer gas concentration at the CD inlet
is within the spectrometer's calibration range (i.e., between the
MML and the span value). Once the tracer gas concentration reaches
equilibrium, the SF6 concentration should be measured
using the infrared spectrometer continuously for at least 20 minutes
per run. Continuously record (i.e., record at least once per minute)
the concentration. Conduct at least three test runs. On the
recording chart, in the data acquisition system, or in a log book,
make a note of periods of process interruption or cyclic operation
such as the cycles of the hot press operation. Table 1 to this
appendix summarizes the physical measurements required for the
enclosure testing.
Note: If a GC/ECD is used as the analytical instrument, a
continuous record (at least once per minute) likely will not be
possible; make a minimum of five injections during each test run.
Also, the minimum test run duration criterion of 20 minutes applies.
8.5.4 Drift Determination. Immediately following the completion
of the test run, reintroduce the zero and mid-level calibration
gases, one at a time, to the measurement system at the calibration
valve assembly. (Make no adjustments to the measurement system until
both the zero and calibration drift checks are made.) Record the
analyzer responses for the zero and mid-level calibration gases and
determine the difference between the instrument responses for each
gas prior to and after the emission test run using the equation in
section 12.4. If the drift values exceed the specified limits
(section 13), invalidate the test results preceding the check and
repeat the test following corrections to the measurement system.
Alternatively, recalibrate the test measurement system as in section
8.5.1 and report the results using both sets of calibration data
(i.e., data determined prior to the test period and data determined
following the test period). Note: If using an FTIR for the
analytical instrument, you may choose to follow the post-test
calibration procedures of Method 320 in appendix A to 40 CFR part 63
(section 8.11.2) in lieu of the above procedures.
8.6 Ambient Air Sampling (Optional). Sampling the ambient air
surrounding the enclosure is optional. However, taking these samples
during the capture efficiency testing will identify those areas of
the enclosure that may be performing less efficiently.
8.6.1 Location of Ambient Samples Outside the Enclosure
(Optional). In selecting the sampling locations for collecting
samples of the ambient air surrounding the enclosure, consider
potential leak points, the direction of the release, and laminar
flow characteristics in the area surrounding the enclosure. Samples
should be collected from all sides of the enclosure, downstream in
the prevailing room air flow, and in the operating personnel
occupancy areas.
8.6.2 Collection of Ambient Samples (Optional). During the
tracer gas release, collect ambient samples from the area
surrounding the enclosure perimeter at predetermined location using
disposable syringes or some other type of containers that are non-
absorbent, inert, and that have low permeability (i.e., polyvinyl
fluoride film or polyester film sample bags or polyethylene,
polypropylene, nylon or glass bottles). The use of disposable
syringes allows samples to be injected directly into a gas
chromatograph. Concentration measurements taken around the perimeter
of the enclosure provide evidence of capture performance and will
assist in the identification of those areas of the enclosure that
are performing less efficiently.
8.6.3 Analysis and Storage of Ambient Samples (Optional).
Analyze the ambient samples using an analytical instrument
calibrated and operated according to the procedures in this appendix
or ASTM E 260 and ASTM E 697. Samples may be analyzed immediately
after a sample is taken, or they may be stored for future analysis.
Experience has shown no degradation of concentration in
polypropylene syringes when stored for several months as long as the
needle or syringe is plugged. Polypropylene syringes should be
discarded after one use to eliminate the possibility of cross
contamination of samples.
9.0 Quality Control
9.1 Sampling, System Leak Check. A sampling system leak check
should be conducted prior to and after each test run to ensure the
integrity of the sampling system.
9.2 Zero and Calibration Drift Tests.
[[Page 46037]]
----------------------------------------------------------------------------------------------------------------
Section Quality control measure Effect
----------------------------------------------------------------------------------------------------------------
8.5.4....................... Zero and calibration drift Ensures that bias introduced by drift in the
tests. measurement system output during the run is no
greater than 3 percent of span.
----------------------------------------------------------------------------------------------------------------
10.0 Calibration and Standardization
10.1 Control Device Inlet Air Flow Rate Measurement Equipment.
Follow the equipment calibration requirements specified in Methods
2, 3, and 4 (appendix A to 40 CFR part 60) for measuring the
velocity, molecular weight, and moisture of the control device inlet
air.
10.2 Tracer Gas Injection Rate. A dry gas volume flow meter,
mass flow meter, or orifice can be used to measure the tracer gas
injection flow rate. The selected flow measurement device must have
an accuracy of greater than 5 percent at the field
operating range. Prior to the test, verify the calibration of the
selected flow measurement device using either a wet test meter,
spirometer, or liquid displacement meter as the calibration device.
Select a minimum of two flow rates to bracket the expected field
operating range of the flow meter. Conduct three calibration runs at
each of the two selected flow rates. For each run, note the exact
quantity of gas as determined by the calibration standard and the
gas volume indicated by the flow meter. For each flow rate,
calculate the average percent difference of the indicated flow
compared to the calibration standard.
10.3 Spectrometer. Follow the calibration requirements specified
by the equipment manufacturer for infrared spectrometer measurements
and conduct the pretest calibration error test specified in section
8.5.1. Note: if using an FTIR analytical instrument see Method 320,
section 10 (appendix A to 40 CFR part 63).
10.5 Gas Chromatograph. Follow the pre-test calibration
requirements specified in section 8.5.1.
10.4 Gas Chromatograph for Ambient Sampling (Optional). For the
optional ambient sampling, follow the calibration requirements
specified in section 8.5.1 or ASTM E 260 and E 697 and by the
equipment manufacturer for gas chromatograph measurements.
11.0 Analytical Procedures
The sample collection and analysis are concurrent for this
method (see section 8.0).
12.0 Calculations and Data Analysis
12.1 Estimate MML and Span. The MML is the minimum measurement
level. The selection of this level is at the discretion of the
tester. However, the MML must be higher than the low-level
calibration standard, and the tester must be able to measure at this
level with a precision of <=10 percent. As an example, select the
MML as 10 times the instrument's published detection limit. The
detection limit of one instrument is 0.01 parts per million by
volume (ppmv). Therefore, the MML would be 0.10 ppmv. Select the
low-level calibration standard as 0.08 ppmv. The high-level standard
would be four times the low-level standard or 0.32 ppmv. A
reasonable mid-level standard would then be 0.20 ppmv (halfway
between the low-level standard and the high-level standard).
Finally, the span value would be approximately 0.40 ppmv (the high-
level value is 80 percent of the span). In this example, the
following MML, calibration standards, and span values would apply:
MML = 0.10 ppmv
Low-level standard = 0.08 ppmv
Mid-level standard = 0.20 ppmv
High-level standard = 0.32 ppmv
Span value = 0.40 ppmv
12.2 Estimate Tracer Gas Injection Rate for the Given Span. To
estimate the minimum and maximum tracer gas injection rate, assume a
worst case capture efficiency of 80 percent, and calculate the
tracer gas flow rate based on known or measured parameters. To
estimate the minimum tracer gas injection rate, assume that the MML
concentration (10 times the IR detection limit in this example) is
desired at the measurement location. The following equation can be
used to estimate the minimum tracer gas injection rate:
((QT-MIN x 0.8)/QE) x (CT / 100) x
106 = MML
QT-MIN = 1.25 x MML x (QE/CT) x
10-4
Where:
QT-MIN = minimum volumetric flow rate of tracer gas
injected, standard cubic feet per minute (scfm);
QE = volumetric flow rate of exhaust gas, scfm;
CT = Tracer gas (SF6) concentration in gas
blend, percent by volume;
MML = minimum measured level, ppmv = 10 x IRDL (for this
example);
IRDL = IR detection limit, ppmv.
Standard conditions: 20[deg]C, 760 millimeters of mercury (mm
Hg).
To estimate the maximum tracer gas injection rate, assume that
the span value is desired at the measurement location. The following
equation can be used to estimate the maximum tracer gas injection
rate:
((QT-MAX x 0.8)/QE) x (CT / 100) x
106 = span value
QT-MAX = 1.25 x span value x (QE/
CT) x 10-4
Where:
QT-MAX = maximum volumetric flow rate of tracer gas
injected, scfm;
Span value = instrument span value, ppmv.
The following example illustrates this calculation procedure:
Find the range of volumetric flow rate of tracer gas to be
injected when the following parameters are known:
QE = 60,000 scfm (typical exhaust gas flow rate from an
enclosure);
CT = 2 percent SF6 in nitrogen;
IRDL = 0.01 ppmv (per manufacturer's specifications);
MML = 10 x IRDL = 0.10 ppmv;
Span value = 0.40 ppmv;
QT = ?
Minimum tracer gas volumetric flow rate:
QT-MIN = 1.25 x MML x (QE/CT) x
10-4
QT-MIN = 1.25 x 0.10 x (60,000/2) x 10-4 =
0.375 scfm
Maximum tracer gas volumetric flow rate:
QT-MAX = 1.25 x span value x (QE/
CT) x 10-4
QT-MAX = 1.25 x 0.40 x (60,000/2) x 10-4 =
1.5 scfm
In this example, the estimated total volumetric flow rate of the
two percent SF6 tracer gas injected through the manifolds
in the enclosure lies between 0.375 and 1.5 scfm.
12.3 Calibration Error. Calculate the calibration error for the
low-level and mid-level calibration gases using the following
equation:
Err = [bond]Cstd-Cmeas[bond] /
Cstd x 100
Where:
Err = calibration error, percent;
Cstd = low-level or mid-level calibration gas value,
ppmv;
Cmeas = measured response to low-level or mid-level
concentration gas, ppmv.
12.4 Calibration Drift. Calculate the calibration drift for the
zero and low-level calibration gases using the following equation:
D = [bond]Cinitial - Cfinal [bond] /
Cspan x 100
Where:
D = calibration drift, percent;
Cinitial = low-level or mid-level calibration gas value
measured before test run, ppmv;
Cfinal = low-level or mid-level calibration gas value
measured after test run, ppmv;
Cspan = span value, ppmv.
12.5 Calculate Capture Efficiency. The equation to calculate
enclosure capture efficiency is provided below:
CE = (SF6-CD / SF6-INJ) x 100
Where:
CE = capture efficiency;
SF6-CD = mass of SF6 measured at the inlet to
the CD;
SF6-INJ= mass of SF6 injected from the tracer
source into the enclosure.
Calculate the CE for each of the initial three test runs. Then
follow the procedures outlined in section 12.6 to calculate the
overall capture efficiency.
12.6 Calculate Overall Capture Efficiency. After calculating the
capture efficiency for each of the initial three test runs, follow
the procedures in 40 CFR part 63, subpart KK, appendix A, to
determine if the results of the testing can be used in determining
compliance with the requirements of the rule. There are two methods
that can be used: the DQO and LCL methods. The DQO method is
described in section 3 of 40 CFR part 63, subpart KK, appendix A,
and provides a measure of the precision of the capture efficiency
testing conducted. Section 3 of 40 CFR part 63, subpart KK, appendix
A, provides an example calculation using results from a facility. If
the DQO criteria are met using the first set of three test runs,
then
[[Page 46038]]
the facility can use the average capture efficiency of these test
results to determine the capture efficiency of the enclosure. If the
DQO criteria are not met, then the facility can conduct another set
of three runs and run the DQO analysis again using the results from
the six runs OR the facility can elect to use the LCL approach.
The LCL method is described in section 4 of 40 CFR part 63,
subpart KK, appendix A, and provides sources that may be performing
much better than their regulatory requirement, a screening option by
which they can demonstrate compliance. The LCL approach compares the
80 percent lower confidence limit for the mean measured CE value to
the applicable regulatory requirement. If the LCL capture efficiency
is higher than the applicable limit, then the facility is in initial
compliance and would use the LCL capture efficiency as the capture
efficiency to determine compliance. If the LCL capture efficiency is
lower than the applicable limit, then the facility must perform
additional test runs and re-run the DQO or LCL analysis.
13.0 Method Performance
13.1 Measurement System Performance Specifications.
13.1.1 Zero Drift. Less than 3 percent of the span
value.
13.1.2 Calibration Drift. Less than 3 percent of
the span value.
13.1.3 Calibration Error. Less than 5 percent of
the calibration gas value.
13.2 Flow Measurement Specifications. The mass flow, volumetric
flow, or critical orifice control meter used should have an accuracy
of greater than 5 percent at the flow rate used.
13.3 Calibration and Tracer Gas Specifications. The manufacturer
of the calibration and tracer gases should provide a recommended
shelf life for each calibration gas cylinder over which the
concentration does not change more than 2 percent from
the certified value.
14.0 Pollution Prevention [Reserved]
15.0 Waste Management [Reserved]
16.0 References
1. 40 CFR part 60, appendix A, EPA Method 1--Sample and velocity
traverses for stationary sources.
2. 40 CFR part 60, appendix A, EPA Method 2--Determination of
stack gas velocity and volumetric flow rate.
3. 40 CFR part 60, appendix A, EPA Method 3--Gas analysis for
the determination of dry molecular weight.
4. 40 CFR part 60, appendix A, EPA Method 4--Determination of
moisture content in stack gases.
5. SEMI F15-93 Test Method for Enclosures Using Sulfur
Hexafluoride Tracer Gas and Gas Chromotography.
6. Memorandum from John S. Seitz, Director, Office of Air
Quality Planning and Standards, to EPA Regional Directors, Revised
Capture Efficiency Guidance for Control of Volatile Organic Compound
Emissions, February 7, 1995. (That memorandum contains an attached
technical document from Candace Sorrell, Emission Monitoring and
Analysis Division, ``Guidelines for Determining Capture
Efficiency,'' January 9, 1994).
7. Technical Systems Audit of Testing at Plant ``C,'' EPA-454/R-
00-26, May 2000.
8. Material Safety Data Sheet for SF6 Air Products
and Chemicals, Inc. Website: www3.airproducts.com. October 2001.
17.0 Tables, Diagrams, Flowcharts, and Validation Data
Table 1 to Appendix A to Subpart DDDD of 40 CFR Part 63.--Summary of Critical Physical Measurements for
Enclosure Testing
----------------------------------------------------------------------------------------------------------------
Measurement
Measurement instrumentation Measurement frequency Measurement site
----------------------------------------------------------------------------------------------------------------
Tracer gas injection rate........ Mass flow meter, Continuous.............. Injection manifolds
volumetric flow meter or (cylinder gas).
critical orifice.
Tracer gas concentration at Infrared Spectrometer or Continuous (at least one Inlet duct to the
control device inlet. GC/ECD. reading per minute) for control device (outlet
a minimum of 20 minutes. duct of enclosure).
Volumetric air flow rate......... EPA Methods 1, 2, 3, 4 Each test run for Inlet duct to the
(40 CFR part 60, velocity (minimum); control device (outlet
appendix A). Daily for moisture and duct of enclosure).
Velocity sensor molecular weight.
(Manometer/Pitot tube).
Thermocouple....
Midget Impinger
sampler
Orsat or Fyrite
----------------------------------------------------------------------------------------------------------------
BILLING CODE 6560-50-P
[[Page 46039]]
[GRAPHIC] [TIFF OMITTED] TR72AD04.008
[[Page 46040]]
[GRAPHIC] [TIFF OMITTED] TR72AD04.009
BILLING CODE 6560-50-C
Appendix B to Subpart DDDD of Part 63--Methodology and Criteria for
Demonstrating That an Affected Source Is Part of the Low-Risk
Subcategory of Plywood and Composite Wood Products Manufacturing
Affected Sources
1. Purpose
This appendix provides the methodology and criteria for
demonstrating that your affected source is part of the low-risk
subcategory of plywood and composite wood products (PCWP)
manufacturing facilities. You must demonstrate that your affected
source is part of the low-risk subcategory using either a look-up
table analysis (based on the look-up tables included in this
appendix) or using a site-specific risk assessment performed
according to the criteria specified in this appendix. This appendix
also specifies how and when you must obtain approval of the low-risk
demonstrations for your affected source and how to ensure that your
affected source remains in the low-risk subcategory of PCWP
facilities.
2. Who Is Eligible To Demonstrate That They Are Part of the Low-Risk
Subcategory of PCWP Affected Sources?
Each new, reconstructed, or existing affected source at a PCWP
manufacturing facility may demonstrate that they are part of the
low-risk subcategory of PCWP affected sources. Section 63.2232 of 40
CFR part 63, subpart DDDD, defines the affected source and explains
which affected sources are new, existing, or reconstructed.
3. What Parts of My Affected Source Have To Be Included in the Low-Risk
Demonstration?
Every process unit that is part of the PCWP affected source (as
defined in Sec. 63.2292 of 40 CFR part 63, subpart DDDD) and that
emits one or more hazardous air pollutant (HAP) listed in Table 1 to
this appendix must be included in the low-risk demonstration. You
are not required to include process units outside of the affected
source in the low-risk demonstration.
4. What Are the Criteria for Determining if My Affected Source Is Low
Risk?
(a) Determine the individual HAP emission rates from each
process unit within the affected source using the procedures
specified in section 5 of this appendix.
(b) Perform chronic and acute risk assessments using the dose-
response values, as specified in paragraphs (b)(1) through (3) of
this section.
(1) For a look-up table analysis or site-specific chronic
inhalation risk assessment, you should use the cancer and noncancer
dose-response values listed on the Environmental Protection Agency
(EPA) Air Toxics Web site (http://www.epa.gov/ttn/atw/toxsource/summary.html) to estimate carcinogenic and noncarcinogenic chronic
inhalation risk, respectively.
(2) For site-specific acute inhalation risk assessment, you
should use the acute exposure guidance level (AEGL-1) value for
acrolein and the acute reference exposure level (REL) value for
formaldehyde for estimating acute inhalation risk found at http://www.epa.gov/ttn/atw/toxsource/summary.html.
(3) You may use dose-response values more health-protective than
those posted on the EPA Air Toxics Web site (http://www.epa.gov/ttn/atw/toxsource/summary.html) to facilitate ongoing certification (as
required in section 13 of this appendix) that your affected source
remains in the low-risk subcategory.
(c) Demonstrate that your affected source is part of the low-
risk subcategory by estimating the maximum impacts of your affected
source using the methods described in either section 6 of this
appendix (look-up table analysis) or section 7 of this appendix
(site-specific risk assessment) and comparing the results to the
low-risk criteria presented in the applicable section.
5. How Do I Determine HAP Emissions From My Affected Source?
(a) You must conduct HAP emissions tests according to the
requirements in paragraphs (b) through (h) of this section and the
methods specified in Table 2 to this appendix for every process unit
within the affected source that emits one or more of the HAP listed
in Table 1 to this appendix. You must test the process units at your
affected source to obtain the emission rates in pounds per hour (lb/
hr) for each of the pollutants listed in Table 1 to this appendix.
(b) Periods when emissions tests must be conducted.
(1) You must not conduct emissions tests during periods of
startup, shutdown, or malfunction, as specified in 40 CFR
63.7(e)(1).
(2) You must test under worst-case operating conditions as
defined in this appendix. You must describe your worst-case
operating conditions in your performance test report for the process
and control systems (if applicable) and explain why the conditions
are worst-case.
(c) Number of test runs. You must conduct three separate test
runs for each test required in this section, as specified in 40 CFR
63.7(e)(3). Each test run must last at least 1 hour except for:
testing of a temporary total enclosure (TTE) conducted using Methods
204A through 204F in 40 CFR part 51, appendix M, which require three
separate test runs of at least 3 hours each; and testing of an
enclosure conducted using the alternative tracer gas method in
appendix A to 40 CFR part 63, subpart DDDD, which requires a minimum
of three separate runs of at least 20 minutes each.
(d) Sampling locations. Sampling sites must be located at the
emission point and prior to any releases to the atmosphere. For
example, at the outlet of the control device, including wet control
devices, and prior to any releases to the atmosphere.
(e) Collection of monitoring data for HAP control devices.
During the emissions test, you must collect operating parameter
monitoring system or continuous emissions
[[Page 46041]]
monitoring system (CEMS) data at least every 15 minutes during the
entire emissions test and establish the site-specific operating
requirements (including the parameter limits or total hydrocarbon
(THC) concentration limit) in Table 2 to 40 CFR part 63, subpart
DDDD, using data from the monitoring system and the procedures
specified in paragraphs (k) through (o) of Sec. 63.2262 of subpart
DDDD of 40 CFR part 63.
(f) Nondetect data. You may treat emissions of an individual HAP
as zero if all of the test runs result in a nondetect measurement
and the conditions in paragraphs (1) and (2) of this section are met
for the relevant test method. Otherwise, nondetect data (as defined
in Sec. 63.2292 of 40 CFR part 63, subpart DDDD) for individual HAP
must be treated as one-half of the method detection limit.
(1) The method detection limit is less than or equal to 1 part
per million by volume, dry (ppmvd) for pollutant emissions measured
using Method 320 in appendix A to 40 CFR part 63; or the NCASI
Method IM/CAN/WP-99.02 (incorporated by reference (IBR), see 40 CFR
63.14(f)); or ASTM D6348-03 (IBR, see 40 CFR 63.14(b)).
(2) For pollutants measured using Method 29 in appendix A to 40
CFR part 60, you analyze samples using atomic absorption
spectroscopy (AAS).
(g) For purposes of your low-risk demonstration, you must assume
that 17 percent of your total chromium measured using EPA Method 29
in appendix A to 40 CFR part 60 is chromium VI. You must assume that
65 percent of your total nickel measured using EPA Method 29 in
appendix A to 40 CFR part 60 is nickel subsulfide.
(h) You may use emission rates higher than your measured
emission rates (e.g., emissions rates 10 times your measured
emission rate) to facilitate ongoing certification (as required in
section 13 of this appendix) that your affected source remains in
the low-risk subcategory.
6. How Do I Conduct a Look-Up Table Analysis?
Use the look-up tables (Tables 3 and 4 to this appendix) to
demonstrate that your affected source is part of the low-risk
subcategory, following the procedures in paragraphs (a) through (d)
of this section.
(a) Using the emission rate of each HAP required to be included
in your low-risk demonstration (measured according to section 5 of
this appendix), calculate your total toxicity-weighted carcinogen
and noncarcinogen emission rates for each of your process units
using Equations 1 and 2 of this appendix, respectively.
[GRAPHIC] [TIFF OMITTED] TR72AD04.010
TWCER = Toxicity-weighted carcinogenic emission rate for each
process unit (1b/hr)/([mu]g/m3)
ERi = Emission rate of pollutant i (lb/hr)
UREi = Unit risk estimate for pollutant i, 1 per
microgram per cubic meter ([mu]g/m3) -1
[GRAPHIC] [TIFF OMITTED] TR72AD04.011
TWNER = Toxicity-weighted noncarcinogenic emission rate for each
process unit (lb/hr)/([mu]g/m3)
ERi = Emission rate of pollutant i (lb/hr)
RfCi = Reference concentration for pollutant i,
micrograms per cubic meter ([mu]g/m3)
(b) Cancer risk. Calculate the total toxicity-weighted
carcinogen emission rate for your affected source by summing the
toxicity-weighted carcinogen emission rates for each of your process
units. Identify the appropriate maximum allowable toxicity-weighted
carcinogen emission rate from Table 3 to this appendix for your
affected source using the average stack height of your emission
points and the minimum distance between any emission point at the
affected source and the property boundary. If one or both of these
values do not match the exact values in the lookup table, then use
the next lowest table value. (Note: If your average stack height is
less than 5 meters (m), you must use the 5 m row.) Your affected
source is considered low risk for carcinogenic effects if your
toxicity-weighted carcinogen emission rate, determined using the
methods specified in this appendix, does not exceed the values
specified in Table 3 to this appendix.
(c) Noncancer risk. Calculate the total central nervous system
(CNS) and respiratory target organ specific toxicity-weighted
noncarcinogen emission rate for your affected source by summing the
toxicity-weighted emission rates for each of your process units.
Identify the appropriate maximum allowable toxicity-weighted
noncarcinogen emission rate from Table 4 to this appendix for your
affected source using the average stack height of your emission
points and the minimum distance between any emission point at the
affected source and the property boundary. If one or both of these
values do not match the exact values in the lookup table, then use
the next lowest table value. (Note: If your average stack height is
less than 5 m, you must use the 5 m row.) Your affected source is
considered low risk for noncarcinogenic effects if your toxicity-
weighted noncarcinogen emission rate, determined using the methods
specified in this appendix, does not exceed the values specified in
Table 4 to this appendix.
(d) Low-risk demonstration. The EPA will approve your affected
source as eligible for membership in the low-risk subcategory of
PCWP affected sources if it determines that: (1) your affected
source is low risk for both carcinogenic and noncarcinogenic effects
using the look-up table analysis described in this section; and (2)
you meet the criteria specified in section 11 of this appendix.
7. How Do I Conduct a Site-Specific Risk Assessment?
(a) Perform a site-specific risk assessment following the
procedures specified in this section. You may use any
scientifically-accepted peer-reviewed assessment methodology for
your site-specific risk assessment. An example of one approach to
performing a site-specific risk assessment for air toxics that may
be appropriate for your affected source can be found in the ``Air
Toxics Risk Assessment Guidance Reference Library, Volume 2, Site-
Specific Risk Assessment Technical Resource Document.'' You may
obtain a copy of the ``Air Toxics Risk Assessment Reference
Library'' through EPA's air toxics Web Site at www.epa.gov/ttn/atw.
(b) At a minimum, you site-specific risk assessment must:
(1) Estimate the long-term inhalation exposures through the
estimation of annual or multi-year average ambient concentrations
for the chronic portion of the assessment.
(2) Estimate the acute exposures for formaldehyde and acrolein
through the estimation of maximum 1-hour average ambient
concentrations for the acute portion of the assessment.
(3) Estimate the inhalation exposure of the individual most
exposed to the affected source's emissions.
(4) Estimate the individual risks over a 70-year lifetime for
the chronic cancer risk assessment.
(5) Use site-specific, quality-assured data wherever possible.
(6) Use health-protective default assumptions wherever site-
specific data are not available.
(7) Contain adequate documentation of the data and methods used
for the assessment so that it is transparent and can be reproduced
by an experienced risk assessor and emission measurement expert.
(c) Your site-specific risk assessment need not:
(1) Assume any attenuation of exposure concentrations due to the
penetration of outdoor pollutants into indoor exposure areas.
(2) Assume any reaction or deposition of the emitted pollutants
during transport from the emission point to the point of exposure.
(d) Your affected source is considered low risk for carcinogenic
chronic inhalation effects if your site-specific risk assessment
demonstrates that maximum off-site individual lifetime cancer risk
at a location where people live is less than 1 in 1 million.
(e) Your affected source is considered low risk for
noncarcinogenic chronic inhalation effects if your site-specific
risk assessment demonstrates that every maximum off-site target-
organ specific hazard index (TOSHI), or appropriate set of site-
specific hazard indices based on similar or complementary mechanisms
of action that are reasonably likely to be additive at low dose or
dose-response data for mixtures, at a location where people live is
less than or equal to 1.0.
(f) Your affected source is considered low risk for
noncarcinogenic acute inhalation effects if your site-specific risk
assessment demonstrates that the maximum off-site acute hazard
quotients for both acrolein and formaldehyde are less than or equal
to 1.0.
(g) The EPA will approve your affected source as eligible for
membership in the low-risk subcategory of PCWP affected sources if
it determines that: (1) your affected source is low risk for all of
the applicable effects listed in paragraphs (d) through (f) of this
section; and (2) you meet the criteria specified in section 11 of
this appendix.
8. What Information Must I Submit for the Low-Risk Demonstration?
(a) Your low-risk demonstration must include at a minimum the
information
[[Page 46042]]
specified in paragraphs (a)(1) through (5) of this section and the
information specified in either paragraph (b) or (c) of this
section.
(1) Identification of each process unit at the affected source.
(2) Stack parameters for each emission point including, but not
limited to, the parameters listed in paragraphs (a)(2)(i) through
(iv) below:
(i) Emission release type.
(ii) Stack height, stack area, stack gas temperature, and stack
gas exit velocity.
(iii) Plot plan showing all emission points, nearby residences,
and fenceline.
(iv) Identification of any HAP control devices used to reduce
emissions from each process unit.
(3) Emission test reports for each pollutant and process unit
based on the test methods specified in Table 2 to this appendix,
including a description of the process parameters identified as
being worst case.
(4) Identification of the dose-response values used in your risk
analysis (look-up table analysis or site-specific risk assessment),
according to section 4(b) of this appendix.
(5) Identification of the controlling process factors
(including, but not limited to, production rate, annual emission
rate, type of control devices, process parameters documented as
worst-case conditions during the emissions testing used for your
low-risk demonstration) that will become Federally enforceable
permit conditions used to show that your affected source remains in
the low-risk subcategory.
(b) If you use the look-up table analysis in section 6 of this
appendix to demonstrate that your affected source is low risk, your
low-risk demonstration must contain at a minimum the information in
paragraphs (a) and (b)(1) through (5) of this section.
(1) Identification of the stack heights for each emission point
included in the calculation of average stack height.
(2) Identification of the emission point with the minimum
distance to the property boundary.
(3) Calculations used to determine the toxicity-weighted
carcinogen and noncarcinogen emission rates according to section
6(a) of this appendix.
(4) Comparison of the values in the look-up tables (Tables 3 and
4 to this appendix) to your toxicity-weighted emission rates for
carcinogenic and noncarcinogenic HAP.
(c) If you use a site-specific risk assessment as described in
section 7 of this appendix to demonstrate that your affected source
is low risk (for carcinogenic and noncarcinogenic chronic inhalation
and acute inhalation risks), your low-risk demonstration must
contain at a minimum the information in paragraphs (a) and (c)(1)
through (8) of this section.
(1) Identification of the risk assessment methodology used.
(2) Documentation of the fate and transport model used.
(3) Documentation of the fate and transport model inputs,
including the information described in paragraphs (a)(1) through (4)
of this section converted to the dimensions required for the model
and all of the following that apply: meteorological data; building,
land use, and terrain data; receptor locations and population data;
and other facility-specific parameters input into the model.
(4) Documentation of the fate and transport model outputs.
(5) Documentation of exposure assessment and risk
characterization calculations.
(6) Comparison of the maximum off-site individual lifetime
cancer risk at a location where people live to 1 in 1 million, as
required in section 7(d) of this appendix for carcinogenic chronic
inhalation risk.
(7) Comparison of the maximum off-site TOSHI for respiratory
effects and CNS effects at a location where people live to the limit
of 1.0, as required in section 7(e) of this appendix for
noncarcinogenic chronic inhalation risk.
(8) Comparison of the maximum off-site acute inhalation hazard
quotient (HQ) for both acrolein and formaldehyde to the limit of
1.0, as required in section 7(f) of this appendix for
noncancinogenic acute inhalation effects.
(d) The EPA may request any additional information it determines
is necessary or appropriate to evaluate an affected source's low-
risk demonstration.
9. Where Do I Send My Low-Risk Demonstration?
You must submit your low-risk demonstration to the EPA for
review and approval. Send your low-risk demonstration either via e-
mail to [email protected] or via U.S. mail or other mail delivery service
to U.S. EPA, Risk and Exposure Assessment Group, Emission Standards
Division (C404-01), Attn: Group Leader, Research Triangle Park, NC
27711, and send a copy to your permitting authority. Your affected
source is not part of the low-risk subcategory of PCWP facilities
unless and until EPA notifies you that it has determined that you
meet the requirements of section 11 of this appendix.
10. When Do I Submit My Low-Risk Demonstration?
(a) If you have an existing affected source, you must complete
and submit for approval your low-risk demonstration no later than
July 31, 2006.
(b) If you have an affected source that is an area source that
increases its emissions or its potential to emit such that it
becomes a major source of HAP before September 28, 2004, then you
must complete and submit for approval your low-risk demonstration no
later than July 31, 2006. If you have an affected source that is an
area source that increases its emissions or its potential to emit
such that it becomes a major source of HAP after September 28, 2004,
then you must complete and submit for approval your low-risk
demonstration no later than 12 months after you become a major
source or after initial startup of your affected source as a major
source, whichever is later.
(c) If you have a new or reconstructed affected source you must
conduct the emission tests specified in section 5 of this appendix
upon initial startup and use the results of these emissions tests to
complete and submit your low-risk demonstration within 180 days
following your initial startup date. If your new or reconstructed
affected source starts up before September 28, 2004, for EPA to find
that you are included in the low-risk subcategory, your low-risk
demonstration must show that you were eligible to meet the criteria
in section 11 of this appendix no later than September 28, 2004. If
your new or reconstructed source starts up after September 28, 2004,
for EPA to find that you are included in the low-risk subcategory,
your low-risk demonstration must show that you were eligible to meet
the criteria in section 11 of this appendix upon initial startup of
your affected source. Affected sources that are not part of the low-
risk subcategory by October 1, 2007, must comply with the
requirements of 40 CFR part 63, subpart DDDD. Affected sources may
not request compliance extensions from the permitting authority if
they fail to demonstrate they are part of the low-risk subcategory
or to request additional time to install controls to become part of
the low-risk subcategory.
11. How Does My Affected Source Become Part of the Low-Risk Subcategory
of PCWP Facilities?
To be included in the low-risk subcategory, EPA must find that
you meet the criteria in paragraphs (a) and (b) of this section.
Unless and until EPA finds that you meet these criteria, your
affected source is subject to the applicable compliance options,
operating requirements, and work practice requirements in 40 CFR
part 63, subpart DDDD.
(a) Your demonstration of low risk must be approved by EPA.
(b) Following EPA approval, the parameters that defined your
affected source as part of the low-risk subcategory (including, but
not limited to, production rate, annual emission rate, type of
control devices, process parameters reflecting the emissions rates
used for your low-risk demonstration) must be incorporated as
federally enforceable terms and conditions into your title V permit.
You must submit an application for a significant permit modification
to reopen your title V permit to incorporate such terms and
conditions according to the procedures and schedules of 40 CFR part
71 or the EPA-approved program in effect under 40 CFR part 70, as
applicable.
12. What Must I Do To Ensure My Affected Source Remains in the Low-Risk
Subcategory of PCWP Facilities?
You must meet the requirements in Table 2 to 40 CFR part 63,
subpart DDDD, for each HAP control device used at the time when you
completed your low-risk demonstration. You must monitor and collect
data according to Sec. 63.2270 of subpart DDDD to show continuous
compliance with your control device operating requirements. You must
demonstrate continuous compliance with the control device operating
requirements that apply to you by collecting and recording the
monitoring system data listed in Table 2 to 40 CFR part 63, subpart
DDDD for the process unit according to Sec. Sec. 63.2269(a), (b),
and (d) of subpart DDDD; and reducing the monitoring system data to
the specified averages in units of the applicable requirement
according to calculations in Sec. 63.2270 of subpart DDDD; and
maintaining
[[Page 46043]]
the average operating parameter at or above the minimum, at or below
the maximum, or within the range (whichever applies) established
according to section 5(e) of this appendix.
13. What Happens If the Criteria Used in the Risk Determination Change?
(a) You must certify with each annual title V permit compliance
certification that the basis for your affected source's low-risk
determination has not changed. You must submit this certification to
the permitting authority. You must consider the changes in
paragraphs (a)(1) through (5) of this section.
(1) Process changes that increase HAP emissions, including, but
not limited to, a production rate increase, an annual emission rate
increase, a change in type of control device, changes in process
parameters reflecting emissions rates used for your approved low-
risk demonstration.
(2) Population shifts, such as if people move to a different
location such that their risks from the affected source increase.
(3) Unit risk estimate increases posted on the EPA website
(http://www.epa.gov/ttn/atw/toxsource/summary.html) for the
pollutants included in Table 1 to this appendix.
(4) Reference concentration changes posted on the EPA website
(http://www.epa.gov/ttn/atw/toxsource/summary.html) for the
pollutants included in Table 1 to this appendix.
(5) Acute dose-response value for formaldehyde or acrolein
changes.
(b) If your affected source commences operating outside of the
low-risk subcategory, it is no longer part of the low-risk
subcategory. You must be in compliance with 40 CFR part 63, subpart
DDDD as specified in paragraphs (b)(1) through (3) of this section.
Operating outside of the low-risk subcategory means that one of the
changes listed in paragraphs (a)(1) through (5) of this section has
occurred and that the change is inconsistent with your affected
source's title V permit terms and conditions reflecting EPA's
approval of the parameters used in your low risk demonstration.
(1) You must notify the permitting authority as soon as you
know, or could have reasonably known, that your affected source is
or will be operating outside of the low-risk subcategory.
(2) You must be in compliance with the requirements of 40 CFR
part 63, subpart DDDD as specified in paragraph (b)(2)(i) or (ii) of
this section, whichever applies.
(i) If you are operating outside of the low-risk subcategory due
to a change described in paragraph (a)(1) of this section, then you
must comply with 40 CFR part 63, subpart DDDD beginning on the date
when your affected source commences operating outside the low-risk
subcategory.
(ii) If you are operating outside of the low-risk subcategory
due to a change described in paragraphs (a)(2) through (5) of this
section, then you must comply with 40 CFR part 63, subpart DDDD no
later than three years from the date your affected source commences
operating outside the low-risk subcategory.
(3)(i) You must conduct performance tests no later than 180
calendar days after the applicable date specified in paragraph
(b)(2) of this section.
(ii) You must conduct initial compliance demonstrations that do
not require performance tests 30 calendar days after the applicable
date specified in paragraph (b)(2) of this section.
(iii) For the purposes of affected sources affected by this
section, you must refer to the requirements in paragraph (b) of this
section instead of the requirements of Sec. 63.2233 when complying
with 40 CFR part 63, subpart DDDD.
14. What Records Must I Keep?
(a) You must keep records of the information used in developing
the low-risk demonstration for your affected source, including all
of the information specified in section 8 of this appendix.
(b) You must keep records demonstrating continuous compliance
with the operating requirements for control devices.
(c) For each THC CEMS, you must keep the records specified in
Sec. 63.2282(c) of 40 CFR part 63, subpart DDDD.
15. Definitions
The definitions in Sec. 63.2292 of 40 CFR part 63, subpart
DDDD, apply to this appendix. Additional definitions applicable for
this appendix are as follows:
Direct-fired process unit means a process unit that is heated by
the passing of combustion exhaust directly through the process unit
such that the process material is contacted by the combustion
exhaust.
Emission point means an individual stack or vent from a process
unit that emits HAP required for inclusion in the low-risk
demonstration specified in this appendix. Process units may have
multiple emission points.
Hazard Index (HI) means the sum of more than one hazard quotient
for multiple substances and/or multiple exposure pathways.
Hazard Quotient (HQ) means the ratio of the predicted media
concentration of a pollutant to the media concentration at which no
adverse effects are expected. For inhalation exposures, the HQ is
calculated as the air concentration divided by the reference
concentration (RfC).
Look-up table analysis means a risk screening analysis based on
comparing the toxicity-weighted HAP emission rate from the affected
source to the maximum allowable toxicity-weighted HAP emission rates
specified in Tables 3 and 4 to this appendix.
Reference Concentration (RfC) means an estimate (with
uncertainty spanning perhaps an order of magnitude) of a continuous
inhalation exposure to the human population (including sensitive
subgroups) that is likely to be without an appreciable risk of
deleterious effects during a lifetime. It can be derived from
various types of human or animal data, with uncertainty factors
generally applied to reflect limitations of the data used.
Target organ specific hazard index (TOSHI) means the sum of
hazard quotients for individual chemicals that affect the same organ
or organ system (e.g., respiratory system, central nervous system).
Unit Risk Estimate (URE) means the upper-bound excess lifetime
cancer risk estimated to result from continuous exposure to an agent
at a concentration of 1 microgram per cubic meter (&[mu]g/m\3\) in
air.
Worst-case operating conditions means operation of a process
unit during emissions testing under the conditions that result in
the highest HAP emissions or that result in the emissions stream
composition (including HAP and non-HAP) that is most challenging for
the control device if a control device is used. For example, worst
case conditions could include operation of the process unit at
maximum throughput, at its highest temperature, with the wood
species mix likely to produce the most HAP, and/or with the resin
formulation containing the greatest HAP.
Table 1.--to Appendix B to Subpart DDDD of 40 CFR Part 63.--HAP That
Must Be Included in the Demonstration of Eligibility for the Low-Risk
PCWP Subcategory
------------------------------------------------------------------------
For your analysis of the following You must include the following
effects . . . HAP . . .
------------------------------------------------------------------------
(1) Chronic inhalation carcinogenic Acetaldehyde, benzene, arsenic,
effects. beryllium, cadmium, chromium,
lead, nickel, and
formaldehyde.
(2) Chronic inhalation noncarcinogenic Acetaldehyde, acrolein,
respiratory effects. cadmium, formaldehyde, and
methylene diphenyl
diisocyanate (MDI).
(3) Chronic inhalation noncarcinogenic Manganese, lead, and phenol.
CNS effects.
(4) Acute inhalation................... Acrolein and formaldehyde.
------------------------------------------------------------------------
[[Page 46044]]
Table 2 to Appendix B to Subpart DDDD of 40 CFR Part 63.--Emission Test
Methods
------------------------------------------------------------------------
For . . . You must . . . Using . . .
------------------------------------------------------------------------
(1) Each process unit....... Select sampling Method 1 or 1A of 40
ports' location and CFR part 60,
the number of appendix A (as
traverse points. appropriate).
(2) Each process unit....... Determine velocity Method 2 in addition
and volumetric flow to Method 2A, 2C,
rate; 2D, 2F, or 2G in
appendix A to 40
CFR part 60 (as
appropriate).
(3) Each process unit....... Conduct gas Method 3, 3A, or 3B
molecular weight in appendix A to 40
analysis. CFR part 60.
(4) Each process unit....... Measure moisture Method 4 in appendix
content of the A to 40 CFR part
stack gas. 60.
(5) Each process unit....... Measure emissions of NCASI Method IM/CAN/
the following HAP: WP-99.02 (IBR, see
acetaldehyde, 40 CFR 63.14(f));
acrolein,\1\ OR Method 320 in
formaldehyde, and appendix A to 40
phenol. CFR part 63; OR
ASTM D6348-03 (IBR,
see 40 CFR
63.14(b)) provided
that percent R as
determined in Annex
A5 of ASTM D6348-03
is equal or greater
than 70 percent and
less than or equal
to 130 percent.
(6) Each process unit....... Measure emissions of Method 320 in
benzene\1\. appendix A to 40
CFR part 63; OR
ASTM D6348-03 (IBR,
see 40 CFR
63.14(b)) provided
that percent R as
determined in Annex
A5 of ASTM D6348-03
is equal or greater
than 70 percent and
less than or equal
to 130 percent.
(7) Each press that Measure emissions of Method 320 in
processes board containing MDI. appendix A to 40
MDI resin. CFR part 63; OR
Conditional Test
Method (CTM) 031
which is posted on
http://www.epa.gov/ttn/emc/ctm.html
(8) Each direct-fired Measure emissions of Method 29 in
process unit. the following HAP appendix A to 40
metals: arsenic, CFR part 60.
beryllium, cadmium,
chromium, lead,
manganese, and
nickel.
(9) Each reconstituted wood Meet the design Methods 204 and 204A
product press or specifications through 204F of 40
reconstituted wood product included in the CFR part 51,
board cooler with a HAP definition of wood appendix M to
control device. products enclosure determine capture
in Sec. 63.2292 efficiency (except
of subpart DDDD of for wood products
40 CFR part 63. enclosures as
Or................. defined in Sec.
Determine the 63.2292).
percent capture Enclosures that
efficiency of the meet the definition
enclosure directing of wood products
emissions to an add- enclosure or that
on control device. meet Method 204
requirements for a
PTE are assumed to
have a capture
efficiency of 100
percent. Enclosures
that do not meet
either the PTE
requirements or
design criteria for
a wood products
enclosure must
determine the
capture efficiency
by constructing a
TTE according to
the requirements of
Method 204 and
applying Methods
204A through 204F
(as appropriate).
As an alternative
to Methods 204 and
204A through 204F,
you may use the
tracer gas method
contained in
appendix A to
subpart DDDD.
(10) Each reconstituted wood Determine the A TTE and Methods
product press or percent capture 204 and 204A
reconstituted wood product efficiency. through 204F (as
board cooler. appropriate) of 40
CFR part 51,
appendix M. As an
alternative to
installing a TTE
and using Methods
204 and 204A
through 204F, you
may use the tracer
gas method
contained in
appendix A to
subpart DDDD.
(11) Each process unit with Establish the site- Data from the
a HAP control device. specific operating parameter
requirements monitoring system
(including the or THC CEMS and the
parameter limits or applicable
THC concentration performance test
limits) in Table 2 method(s).
to subpart DDDD.
------------------------------------------------------------------------
\1\ If EPA approves that your process unit will not emit detectable
amounts of benzene or acrolein, that unit may be excluded from the
benzene and/or acrolein (as applicable) testing requirement in this
table.
[[Page 46045]]
Table 3 to Appendix B to Subpart DDDD of 40 CFR part 63.--Maximum Allowable Toxicity-Weighted Carcinogen Emission Rate (lb/hr)/([mu]g/m \3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Distance to Nearest Residence (m)
Stack height (m) -----------------------------------------------------------------------------------------------------------------------
0 50 100 150 200 250 500 1000 1500 2000 3000 5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5............................... 8.72E-07 8.72E-07 8.72E-07 9.63E-07 1.25E-06 1.51E-06 2.66E-06 4.25E-06 4.39E-06 4.39E-06 4.39E-06 5.00E-06
10.............................. 2.47E-06 2.47E-06 2.47E-06 2.47E-06 2.47E-06 2.61E-06 3.58E-06 5.03E-06 5.89E-06 5.89E-06 5.89E-06 6.16E-06
20.............................. 5.81E-06 5.81E-06 5.81E-06 5.81E-06 5.81E-06 5.81E-06 5.90E-06 7.39E-06 8.90E-06 9.97E-06 9.97E-06 1.12E-05
30.............................. 7.74E-06 7.74E-06 7.74E-06 7.74E-06 7.74E-06 7.74E-06 8.28E-06 9.49E-06 1.17E-05 1.35E-05 1.55E-05 1.61E-05
40.............................. 9.20E-06 9.20E-06 9.20E-06 9.20E-06 9.20E-06 9.20E-06 9.24E-06 1.17E-05 1.34E-05 1.51E-05 1.98E-05 2.22E-05
50.............................. 1.02E-05 1.02E-05 1.02E-05 1.02E-05 1.02E-05 1.02E-05 1.02E-05 1.36E-05 1.53E-05 1.66E-05 2.37E-05 2.95E-05
60.............................. 1.13E-05 1.13E-05 1.13E-05 1.13E-05 1.13E-05 1.13E-05 1.13E-05 1.53E-05 1.76E-05 1.85E-05 2.51E-05 3.45E-05
70.............................. 1.23E-05 1.23E-05 1.23E-05 1.23E-05 1.23E-05 1.23E-05 1.23E-05 1.72E-05 2.04E-05 2.06E-05 2.66E-05 4.07E-05
80.............................. 1.34E-05 1.34E-05 1.34E-05 1.34E-05 1.34E-05 1.34E-05 1.34E-05 1.92E-05 2.15E-05 2.31E-05 2.82E-05 4.34E-05
100............................. 1.52E-05 1.52E-05 1.52E-05 1.52E-05 1.52E-05 1.52E-05 1.52E-05 1.97E-05 2.40E-05 2.79E-05 3.17E-05 4.49E-05
200............................. 1.76E-05 1.76E-05 1.76E-05 1.76E-05 1.76E-05 1.76E-05 1.76E-05 2.06E-05 2.94E-05 3.24E-05 4.03E-05 5.04E-05
--------------------------------------------------------------------------------------------------------------------------------------------------------
MIR=1E-06
Emission rates in table expressed as equivalents normalized to theoretical HAP with URE = 1([mu]g/m3)-1
Table 4 to Appendix B to Subpart DDDD of 40 CFR Part 63.--Maximum Allowable Toxicity-Weighted Noncarcinogen Emission Rate ((lb/hr)/[mu]g/m3))
--------------------------------------------------------------------------------------------------------------------------------------------------------
Distance to Property Boundary (m)
Stack height (m) -----------------------------------------------------------------------------------------------------------------------
0 50 100 150 200 250 500 1000 1500 2000 3000 5000
--------------------------------------------------------------------------------------------------------------------------------------------------------
5............................... 2.51E-01 2.51E-01 3.16E-01 3.16E-01 3.16E-01 3.16E-01 3.16E-01 3.46E-01 4.66E-01 6.21E-01 9.82E-01 1.80E+00
10.............................. 5.62E-01 5.62E-01 5.62E-01 5.62E-01 5.62E-01 5.62E-01 5.62E-01 5.70E-01 6.33E-01 7.71E-01 1.13E+00 1.97E+00
20.............................. 1.43E+00 1.43E+00 1.43E+00 1.43E+00 1.43E+00 1.43E+00 1.43E+00 1.43E+00 1.68E+00 1.83E+00 2.26E+00 3.51E+00
30.............................. 2.36E+00 2.36E+00 2.36E+00 2.36E+00 2.36E+00 2.36E+00 2.53E+00 3.04E+00 3.04E+00 3.33E+00 4.45E+00 5.81E+00
40.............................. 3.11E+00 3.11E+00 3.11E+00 3.11E+00 3.11E+00 3.11E+00 3.42E+00 4.04E+00 5.07E+00 5.51E+00 6.39E+00 9.63E+00
50.............................. 3.93E+00 3.93E+00 3.93E+00 3.93E+00 3.93E+00 3.93E+00 4.49E+00 4.92E+00 6.95E+00 7.35E+00 8.99E+00 1.25E+01
60.............................. 4.83E+00 4.83E+00 4.83E+00 4.83E+00 4.83E+00 4.83E+00 5.56E+00 6.13E+00 7.80E+00 1.01E+01 1.10E+01 1.63E+01
70.............................. 5.77E+00 5.77E+00 5.77E+00 5.77E+00 5.77E+00 5.77E+00 6.45E+00 7.71E+00 8.83E+00 1.18E+01 1.36E+01 1.86E+01
80.............................. 6.74E+00 6.74E+00 6.74E+00 6.74E+00 6.74E+00 6.74E+00 7.12E+00 9.50E+00 1.01E+01 1.29E+01 1.72E+01 2.13E+01
100............................. 8.87E+00 8.87E+00 8.87E+00 8.87E+00 8.87E+00 8.87E+00 8.88E+00 1.19E+01 1.37E+01 1.55E+01 2.38E+01 2.89E+01
200............................. 1.70E+01 1.70E+01 1.70E+01 1.70E+01 1.70E+01 1.70E+01 1.70E+01 2.05E+01 2.93E+01 3.06E+01 4.02E+01 4.93E+01
--------------------------------------------------------------------------------------------------------------------------------------------------------
HI=1.
Emission rates in table expressed in lbs/hr as equivalents normalized to theoretical HAP with RfC = 1.0 [mu]g/m\3\.
PART 429--[AMENDED]
0
1. The authority citation for part 429 continues to read as follows:
Authority: Secs. 301, 304(b), (c), (e), and (g), 306(b) and (c),
307(a), (b), and (c) and 501 of the Clean Water Act (the Federal
Water Pollution Control Act Amendments of 1972, as amended by the
Clean Water Act of 1977) (the ``Act''); 33 U.S.C. 1911, 1314(b),
(c), (e), and (g), 1316(b) and (c), 1917(b) and (c), and 1961; 86
Stat. 815, Pub. L. 92-500; 91 Stat. 1567, Pub L. 95-217.
0
2. Section 429.11 is amended by revising paragraph (c) to read as
follows:
Sec. 429.11 General definitions.
* * * * *
(c) The term ``process wastewater'' specifically excludes non-
contact cooling water, material storage yard runoff (either raw
material or processed wood storage), boiler blowdown, and wastewater
from washout of thermal oxidizers or catalytic oxidizers, wastewater
from biofilters, or wastewater from wet electrostatic precipitators
used upstream of thermal oxidizers or catalytic oxidizers installed by
facilities covered by subparts B, C, D or M to comply with the national
emissions standards for hazardous air pollutants (NESHAP) for plywood
and composite wood products (PCWP) facilities (40 CFR part 63, subpart
DDDD). For the dry process hardboard, veneer, finishing, particleboard,
and sawmills and planing mills subcategories, fire control water is
excluded from the definition.
* * * * *
[FR Doc. 04-6298 Filed 7-29-04; 8:45 am]
BILLING CODE 6560-50-P