Environmental Protection Agency (EPA).
Proposed rule.
This action proposes how EPA will address the residual risk and technology review conducted for two industrial source categories regulated by separate national emission standards for hazardous air pollutants. It also proposes to address provisions related to emissions during periods of startup, shutdown, and malfunction.
Submit your comments, identified by Docket ID Number EPA–HQ–OAR–2010–0786, by one of the following methods:
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For questions about this proposed action, contact Ms. J. Kaye Whitfield, Sector Policies and Programs Division (E143–01), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone (919) 541–2509;
Several acronyms and terms used to describe industrial processes, data inventories, and risk modeling are included in this preamble. While this may not be an exhaustive list, to ease the reading of this preamble and for reference purposes, the following terms and acronyms are defined here:
The regulated industrial source categories that are the subject of this proposal are listed in Table 2 of this preamble. Table 2 is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by the proposed action for the source categories listed. These standards, and any changes considered in this rulemaking, would be directly applicable to sources as a federal program. Thus, federal, state, local, and tribal government entities are not affected by this proposed action. The regulated categories affected by this proposed action are shown in Table 2.
In addition to being available in the docket, an electronic copy of this proposal will also be available on the WWW through the EPA's TTN. Following signature by the EPA Administrator, a copy of this proposed action will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at the following address:
Additional information is available on the RTR web page at
Section 112 of the CAA establishes a two-stage regulatory process to address emissions of HAP from stationary sources. In the first stage, after EPA has identified categories of sources emitting one or more of the HAP listed in section 112(b) of the CAA, section 112(d) of the CAA calls for us to promulgate NESHAP for those sources. “Major sources” are those that emit or have the potential to emit 10 TPY or more of a single HAP or 25 TPY or more of any combination of HAP. For major sources, these technology-based standards must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy requirements, and nonair quality health and environmental impacts) and are commonly referred to as MACT standards.
MACT standards must reflect application of measures, processes, methods, systems, or techniques, including, but not limited to, measures which, (A) Reduce the volume of or eliminate pollutants through process changes, substitution of materials or other modifications; (B) enclose systems or processes to eliminate emissions; (C) capture or treat pollutants when released from a process, stack, storage, or fugitive emissions point; (D) are design, equipment, work practice, or operational standards (including requirements for operator training or certification); or (E) are a combination of the above. CAA section 112(d)(2)(A)-(E). The MACT standards may take the form of design, equipment, work practice, or operational standards where EPA first determines either that, (A) a pollutant cannot be emitted through a conveyance designed and constructed to emit or capture the pollutants, or that any requirement for, or use of, such a conveyance would be inconsistent with law; or (B) the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations. CAA sections 112(h)(1)–(2).
The MACT “floor” is the minimum control level allowed for MACT standards promulgated under CAA section 112(d)(3) and may not be based on cost considerations. 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 floors for existing sources can be less stringent than floors for new sources, but they cannot be less stringent than the average emissions limitation achieved by the best-performing 12 percent of existing sources in the category or subcategory (or the best-performing five sources for categories or subcategories with fewer than 30 sources). In developing MACT standards, we must also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor
The EPA is required to review these technology-based standards and to revise them “as necessary (taking into account developments in practices, processes, and control technologies)” no less frequently than every 8 years, under CAA section 112(d)(6). In conducting this review, EPA is not obliged to completely recalculate the prior MACT determination.
The second stage in standard-setting focuses on reducing any remaining “residual” risk according to CAA section 112(f). This provision requires, first, that EPA prepare a
Section 112(f)(2) of the CAA requires us to determine, for source categories subject to certain MACT standards, whether the emissions standards provide an ample margin of safety to protect public health. If the MACT standards for HAP “classified as a known, probable, or possible human carcinogen, do not reduce lifetime excess cancer risks to the individual most exposed to emissions from a source in the category or subcategory to less than 1-in-1 million,” EPA must promulgate residual risk standards for the source category (or subcategory) as necessary to provide an ample margin of safety to protect public health. In doing so, EPA may adopt standards equal to existing MACT standards if EPA determines that the existing standards are sufficiently protective. As stated in
When Section 112(f)(2) of the CAA was enacted in 1990, it expressly preserved our use of the two-step process for developing standards to address any residual risk and our interpretation of “ample margin of safety” developed in the
The terms “individual most exposed,” “acceptable level,” and “ample margin of safety” are not specifically defined in the CAA. However, CAA section 112(f)(2)(B) preserves the interpretation set out in the Benzene NESHAP, and the Court (in
In the Benzene NESHAP, we stated as an overall objective:
* * * in protecting public health with an ample margin of safety, we strive to provide maximum feasible protection against risks to health from hazardous air pollutants by (1) protecting the greatest number of persons possible to an individual lifetime risk level no higher than approximately 1-in-1 million; and (2) limiting to no higher than approximately 1-in-10 thousand [
The EPA also stated that, “The EPA also considers incidence (the number of persons estimated to suffer cancer or other serious health effects as a result of exposure to a pollutant) to be an important measure of the health risk to the exposed population. Incidence measures the extent of health risk to the exposed population as a whole, by providing an estimate of the occurrence of cancer or other serious health effects in the exposed population.” The EPA went on to conclude, “estimated incidence would be weighed along with other health risk information in judging acceptability.” As explained more fully in our
In the Benzene NESHAP, we stated that “EPA will generally presume that if the risk to [the maximum exposed] individual is no higher than approximately 1-in-10 thousand, that risk level is considered acceptable.” 54 FR 38045. We discussed the maximum individual lifetime cancer risk as being “the estimated risk that a person living near a plant would have if he or she were exposed to the maximum pollutant concentrations for 70 years.”
Understanding that there are both benefits and limitations to using maximum individual lifetime cancer risk as a metric for determining acceptability, we acknowledged in the 1989 Benzene NESHAP that “consideration of maximum individual risk * * * must take into account the strengths and weaknesses of this measure of risk.”
The EPA also explained in the 1989 Benzene NESHAP the following: “In establishing a presumption for MIR [maximum individual cancer risk], rather than a rigid line for acceptability, the Agency intends to weigh it with a series of other health measures and factors. These include the overall incidence of cancer or other serious health effects within the exposed population, the numbers of persons exposed within each individual lifetime risk range and associated incidence within, typically, a 50-km exposure radius around facilities, the science policy assumptions and estimation uncertainties associated with the risk measures, weight of the scientific evidence for human health effects, other quantified or unquantified health effects, effects due to co-location of facilities, and co-emission of pollutants.”
In some cases, these health measures and factors taken together may provide a more realistic description of the magnitude of risk in the exposed population than that provided by maximum individual lifetime cancer risk alone. As explained in the Benzene NESHAP, “[e]ven though the risks judged “acceptable” by EPA in the first step of the Vinyl Chloride inquiry are already low, the second step of the inquiry, determining an “ample margin of safety,” again includes consideration of all of the health factors, and whether to reduce the risks even further.” In the ample margin of safety decision process, the EPA again considers all of the health risks and other health information considered in the first step. Beyond that information, additional factors relating to the appropriate level of control will also be considered, including costs and economic impacts of controls, technological feasibility, uncertainties, and any other relevant factors. Considering all of these factors, the EPA will establish the standard at a level that provides an ample margin of safety to protect the public health, as required by CAA section 112(f). 54 FR 38046.
As discussed in section III.A of this preamble, we apply a two-step process for developing standards to address residual risk. In the first step, EPA determines if risks are acceptable. This determination “considers all health information, including risk estimation uncertainty, and includes a presumptive limit on MIR
In past residual risk determinations, EPA presented a number of human health risk metrics associated with emissions from the category under review, including: The MIR; the numbers of persons in various risk ranges; cancer incidence; the maximum non-cancer HI; and the maximum acute non-cancer hazard (72 FR 25138, May 3, 2007; 71 FR 42724, July 27, 2006). EPA also discussed and considered risk estimation uncertainties. In our most recent proposal (75 FR 65068), EPA also presented and considered additional measures of health information to support our decision-making, including: Estimates of “total facility” risks (risks from all HAP emissions from the facility at which the source category is located);
The EPA is considering all available health information to inform our determinations of risk acceptability and ample margin of safety under CAA section 112(f). Specifically, as explained in the Benzene NESHAP, “the first step judgment on acceptability cannot be reduced to any single factor” and thus “[t]he Administrator believes that the acceptability of risk under section 112 is best judged on the basis of a broad set of health risk measures and information.” 54 FR 38044, 38046 (Sept. 14, 1989). Similarly, with regard to making the ample margin of safety determination, as stated in the Benzene NESHAP “[I]n the ample margin decision, the EPA again considers all of the health risk and other health information considered in the first step. Beyond that information, additional factors relating to the appropriate level of control will also be considered, including cost and economic impacts of controls, technological feasibility, uncertainties, and any other relevant factors.”
The EPA acknowledges that flexibility is provided by the Benzene NESHAP regarding what factors EPA might consider in making determinations and how they might be weighed for each source category. In responding to comment on our policy under the Benzene NESHAP, EPA explained that: “The policy chosen by the Administrator permits consideration of multiple measures of health risk. Not only can the MIR figure be considered, but also incidence, the presence of non-cancer health effects, and the uncertainties of the risk estimates. In this way, the effect on the most exposed individuals can be reviewed as well as the impact on the general public. These factors can then be weighed in each individual case. This approach complies with the Vinyl Chloride mandate that the Administrator ascertain an acceptable level of risk to the public by employing [her] expertise to assess available data. It also complies with the Congressional intent behind the CAA, which did not exclude the use of any particular measure of public health risk from the EPA's consideration with respect to CAA section 112 regulations, and, thereby, implicitly permits consideration of any and all measures of health risk which the Administrator, in [her] judgment, believes are appropriate to determining what will `protect the public health.' ” 54 FR 38057.
For example, the level of the MIR is only one factor to be weighed in determining acceptability of risks. It is explained in the Benzene NESHAP “an MIR of approximately 1-in-10 thousand should ordinarily be the upper end of the range of acceptability. As risks increase above this benchmark, they become presumptively less acceptable under CAA section 112, and would be weighed with the other health risk measures and information in making an overall judgment on acceptability. Or, the EPA may find, in a particular case, that a risk that includes MIR less than the presumptively acceptable level is unacceptable in the light of other health risk factors.”
EPA wishes to point out that certain health information has not been considered in these decisions. In assessing risks to populations in the vicinity of the facilities in each category, we present estimates of risk associated with HAP emissions from the source category alone (source category risk estimates) and HAP emissions from the entire facilities at which the covered source categories are located (facility-wide risk estimates). We do not attempt to characterize the risks associated with all HAP emissions impacting the populations living near the sources in these categories. That is, we have not presented estimates of total HAP inhalation risks from all sources in the vicinity of the covered sources (
The EPA understands the potential importance of considering an individual's total exposure to HAP in addition to considering exposure to HAP emissions from the source category and facility. While such considerations are relevant to both cancer and non-cancer risk assessments, they can be particularly important when assessing cumulative non-cancer risks, where pollutant-specific risk-based exposure levels (
While we are interested in placing source category and facility-wide HAP risks in the context of total HAP risks from all sources combined in the vicinity of each source, we are concerned about the uncertainties of doing so. At this point, we believe that such estimates of total HAP risks will have significantly greater associated uncertainties than for the source category or facility-wide estimates, hence compounding the uncertainty in any such comparison. This is because we have not conducted a detailed technical review of HAP emissions data for source categories and facilities that have not previously undergone a RTR review or are not currently undergoing such review. We are requesting comment on whether and how best to estimate and evaluate total HAP exposure from outdoor sources in our assessments, and, in particular, on whether and how it might be appropriate to use information from EPA's NATA to support such estimates. We also request comment whether and how to estimate total HAP exposure from indoor sources in the context of these assessments. We are also seeking comment on how best to consider various types and scales of risk estimates when making our acceptability and ample margin of safety determinations under CAA section 112(f). Additionally, we are seeking comments and recommendations for any other comparative measures that may be useful in the assessment of the distribution of HAP risks across potentially affected demographic groups.
We are also proposing to revise requirements in these MACT standards related to emissions during periods of SSM. The United States Court of Appeals for the District of Columbia Circuit vacated portions of two provisions in EPA's CAA section 112 regulations governing the emissions of HAP during periods of SSM.
We are proposing the elimination of the SSM exemption in both of the MACT standards addressed in this proposal. Consistent with
Periods of startup, normal operations, and shutdown are all predictable and routine aspects of a source's operations. However, by contrast, malfunction is defined as a “sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment or a process to operate in a normal or usual manner * * *” (40 CFR 63.2). EPA has determined that malfunctions should not be viewed as a distinct operating mode and, therefore, any emissions that occur at such times do not need to be factored into development of CAA section 112(d) standards, which, once promulgated, apply at all times. In
In the event that a source fails to comply with the applicable CAA section 112(d) standards as a result of a malfunction event, EPA would determine an appropriate response based on, among other things, the good faith efforts of the source to minimize emissions during malfunction periods, including preventative and corrective actions, as well as root cause analyses to ascertain and rectify excess emissions. EPA would also consider whether the source's failure to comply with the CAA section 112(d) standard was, in fact, “sudden, infrequent, not reasonably preventable” and was not instead “caused in part by poor maintenance or careless operation.” 40 CFR 63.2 (definition of malfunction).
Finally, EPA recognizes that even equipment that is properly designed and maintained can sometimes fail and that such failure can sometimes cause or contribute to an exceedance of the relevant emission standard. (
As discussed above, in this notice, we are taking the following actions: (1) we are proposing action to address the RTR requirements of CAA sections 112(d)(6) and (f)(2) for both the Shipbuilding and Ship Repair (Surface Coating) and the Wood Furniture Manufacturing Operations MACT standards; and, (2) we are proposing to revise the provisions in both of these MACT standards to address SSM to ensure that the SSM provisions are consistent with the Court decision in
The EPA conducted risk assessments that provided estimates of the MIR posed by the HAP emissions from each source in a category, and, by each source category, the distribution of cancer risks within the exposed populations, cancer incidence, HI for chronic exposures to HAP with the potential to cause non-cancer health effects, HQ for acute exposures to HAP with the potential to cause non-cancer health effects, and an evaluation of the potential for adverse environmental effects. The risk assessments consisted of seven primary steps, as discussed below. The docket for this rulemaking contains the following documents which provide more information on the risk assessment inputs and models:
For the Shipbuilding and Ship Repair (Surface Coating) source category, we compiled preliminary datasets using readily-available information, reviewed the data, made changes where necessary, and shared these data with the public via an ANPRM. 72 FR 29287, March 29, 2007. The preliminary dataset was based on data in the
For the Wood Furniture Manufacturing Operations source category, we compiled preliminary datasets using the best data available, reviewed the data, and made changes where necessary. For this source category, we compiled the preliminary datasets using data in the 2005 NEI. After incorporation of changes to the dataset based on additional information gathered by EPA, an updated dataset was created. This updated dataset contains 385 facilities and was used to conduct the risk assessments and other analyses that form the basis for the proposed actions for the Wood Furniture Manufacturing Operations source category.
The available emissions data in the NEI and from other sources typically represent the estimates of mass of emissions actually emitted during the specified annual time period. These “actual” emission levels are often lower than the emission levels that a facility might be allowed to emit and still comply with the MACT standards. The emissions level allowed to be emitted by the MACT standards is referred to as the “MACT-allowable” emissions level. This represents the highest emissions level that could be emitted by the facility without violating the MACT standards.
We discussed the use of both MACT-allowable and actual emissions in the final Coke Oven Batteries residual risk rule (70 FR 19998–19999, April 15, 2005) and in the proposed and final HON residual risk rules (71 FR 34428, June 14, 2006, and 71 FR 76609, December 21, 2006, respectively). In those previous actions, we noted that assessing the risks at the MACT-allowable level is inherently reasonable since these risks reflect the maximum level sources could emit and still comply with national emission standards. But we also explained that it is reasonable to consider actual emissions, where such data are available, in both steps of the risk analysis, in accordance with the Benzene NESHAP. (54 FR 38044, September 14, 1989.) It is reasonable to consider actual emissions because sources typically seek to perform better than required by emission standards to provide an operational cushion to accommodate the variability in manufacturing processes and control device performance.
As described above, the actual emissions data were compiled based on the NEI, information gathered from companies, individual facilities, industry trade associations, states, and information received in response to the ANPRM. To estimate emissions at the MACT-allowable level, we developed a ratio of MACT-allowable to actual emissions for each emissions source type in each source category, based on the level of control required by the MACT standards compared to the level of reported actual emissions and available information on the level of control achieved by the emissions controls in use. For example, if there was information to suggest several facilities in the Shipbuilding and Ship Repair (Surface Coating) source category were using coatings that contain only 1 Kg of VOHAP compounds per Kg of coating solids (kg VOHAP/kg solids) while the MACT standards required coatings to contain no more than 2 kg VOHAP/kg solids, we would estimate that MACT-allowable emissions from emission points using these coatings could be as much as 2 times higher (VOHAP content of 2 kg/kg solids allowed compared with VOHAP content of 1 kg/kg solids actually used), and the ratio of MACT-allowable to actual would be 2:1 for the emission points using these coatings at the facilities in this source category. After developing these ratios for each emission point type in each source category, we next applied these ratios on a facility-by-facility basis to the maximum chronic risk estimates from the inhalation risk assessment to obtain facility-specific maximum risk estimates based on MACT-allowable emissions. The estimates of MACT-allowable emissions for the Wood Furniture Manufacturing Operations and Shipbuilding and Ship Repair (Surface Coating) source categories are described in section V of this preamble.
Both long-term and short-term inhalation exposure concentrations and health risks from each of the source categories addressed in this proposal were estimated using the HEM (Community and Sector HEM–3 version 1.1.0). The HEM–3 performs three of the primary risk assessment activities listed above: (1) Conducting dispersion modeling to estimate the concentrations of HAP in ambient air, (2) estimating long-term and short-term inhalation exposures to individuals residing within 50 km of the modeled sources, and (3) estimating individual and population-level inhalation risks using the exposure estimates and quantitative dose-response information.
The dispersion model used by HEM–3 is AERMOD, which is one of EPA's preferred models for assessing pollutant concentrations from industrial facilities.
In developing the risk assessment for chronic exposures, we used the estimated annual average ambient air concentration of each of the HAP emitted by each source for which we have emissions data in the source category. The air concentrations at each nearby census block centroid were used as a surrogate for the chronic inhalation exposure concentration for all the people who reside in that census block. We calculated the MIR for each facility as the cancer risk associated with a continuous lifetime (24 hours per day, 7 days per week, and 52 weeks per year for a 70-year period) exposure to the maximum concentration at the centroid of an inhabited census block. Individual cancer risks were calculated by multiplying the estimated lifetime exposure to the ambient concentration of each of the HAP (in micrograms per cubic meter) by its URE, which is an upper bound estimate of an individual's probability of contracting cancer over a lifetime of exposure to a concentration of 1 microgram of the pollutant per cubic meter of air. For residual risk assessments, we generally use URE values from EPA's IRIS. For carcinogenic pollutants without EPA IRIS values, we look to other reputable sources of cancer dose-response values, often using CalEPA URE values, where available. In cases where new, scientifically credible dose-response values have been developed in a manner consistent with EPA guidelines and have undergone a peer review process similar to that used by EPA, we may use such dose-response values in place of, or in addition to, other values, if appropriate.
Formaldehyde is a unique case. In 2004, EPA determined that the CIIT dose-response value for formaldehyde (5.5 x 10
Incremental individual lifetime cancer risks associated with emissions from the source category were estimated as the sum of the risks for each of the carcinogenic HAP (including those classified as carcinogenic to humans, likely to be carcinogenic to humans, and suggestive evidence of carcinogenic
To assess risk of non-cancer health effects from chronic exposures, we summed the HQ for each of the HAP that affects a common target organ system to obtain the HI for that target organ system (or target organ-specific HI, TOSHI). The HQ for chronic exposures is the estimated chronic exposure divided by the chronic reference level, which is either the EPA RfC, defined as “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,” or, in cases where an RfC from EPA's IRIS database is not available, EPA will utilize the following prioritized sources for our chronic dose-response values: (1) The
Screening estimates of acute exposures and risks were also evaluated for each of the HAP at the point of highest off-site exposure for each facility (
As described in the CalEPA's
Acute Exposure Guideline Levels values were derived in response to recommendations from the NRC. As described in
The AEGL–1 value is then specifically defined as “the airborne concentration of a substance above which it is predicted that the general population, including susceptible individuals, could experience notable discomfort, irritation, or certain asymptomatic nonsensory effects. However, the effects are not disabling and are transient and reversible upon cessation of exposure.” The document also notes (page 3) that, “Airborne concentrations below AEGL–1 represent exposure levels that can produce mild and progressively increasing but transient and nondisabling odor, taste, and sensory irritation or certain asymptomatic, nonsensory effects.” Similarly, the document defines AEGL–2 values as “the airborne concentration (expressed as ppm or mg/m
Emergency Response Planning Guidelines values are derived for use in emergency response, as described in the American Industrial Hygiene Association's document entitled,
As can be seen from the definitions above, the AEGL and ERPG values include the similarly-defined severity levels one and 2. For many chemicals, a severity level one value AEGL or ERPG has not been developed; in these instances, higher severity level AEGL–2 or ERPG–2 values are compared to our modeled exposure levels to screen for potential acute concerns.
Acute REL values for one hour exposure durations are typically lower than their corresponding AEGL–1 and ERPG–1 values. Even though their definitions are slightly different, AEGL–1 values are often the same as the corresponding ERPG–1 values, and AEGL–2 values are often equal to ERPG–2 values. Maximum HQ values from our acute screening risk assessments typically result when basing them on the acute REL value for a particular pollutant. In cases where our maximum acute HQ value exceeds 1, we also report the HQ value based on the next highest acute dose-response value (usually the AEGL–1 and/or the ERPG–1 value).
To develop screening estimates of acute exposures, we developed estimates of maximum hourly emission rates by multiplying the average actual annual hourly emission rates by a factor to cover routinely variable emissions. We chose the factor based on process knowledge and engineering judgment and with awareness of a Texas study of short-term emissions variability, which showed that most peak emission events, in a heavily-industrialized 4-county area (Harris, Galveston, Chambers, and Brazoria Counties, Texas) were less than twice the annual average hourly emission rate. The highest peak emission event was 74 times the annual average hourly emission rate, and the 99th percentile ratio of peak hourly emission rate to the annual average hourly emission rate was 9.
In cases where all acute HQ values from the screening step were less than or equal to 1, acute impacts were deemed negligible and no further analysis was performed. In the cases where an acute HQ from the screening step was greater than 1, additional site-specific data were considered to develop a more refined estimate of the potential for acute impacts of concern. The data refinements employed for these source categories consisted of using the site-specific facility layout to distinguish facility property from an area where the public could be exposed. These refinements are discussed in the draft risk assessment documents, which are available in the docket, for each of these source categories. Ideally, we would prefer to have continuous measurements over time to see how the emissions vary by each hour over an entire year. Having a frequency distribution of hourly emission rates over a year would allow us to perform a probabilistic analysis to estimate potential threshold exceedances and their frequency of occurrence. Such an evaluation could include a more complete statistical treatment of the key parameters and elements adopted in this screening analysis. However, we recognize that having this level of data is rare, hence our use of the multiplier approach.
The potential for significant human health risks due to exposures via routes other than inhalation (
Since one or more of these PB–HAP are emitted by facilities in both source categories, we proceeded to the second step of the evaluation. In this step, we determined whether the facility-specific emission rates of each of the emitted PB–HAP were large enough to create the potential for significant non-inhalation risks. To facilitate this step, we have developed emission rate thresholds for each PB–HAP using a hypothetical screening exposure scenario developed for use in conjunction with the EPA's TRIM.FaTE model. The hypothetical screening scenario was subjected to a sensitivity analysis to ensure that its key design parameters were established such that environmental media concentrations were not underestimated (
For all of the facilities in the source categories addressed in this proposal, all of the PB–HAP emission rates were less than the emission threshold values. As a result of this, multi-pathway exposures and environmental risks were
For further information on the multi-pathway analysis approach, see the residual risk documentation as referenced in section IV.A of this preamble.
In addition to assessing baseline inhalation risks and screening for potential multi-pathway risks, where appropriate, we also estimated risks considering the potential emission reductions that would be achieved by the particular control options under consideration. In these cases, the expected emissions reductions were applied to the specific HAP and emissions sources in the source category dataset to develop corresponding estimates of risk reductions.
To put the source category risks in context, we also examined the risks from the entire “facility,” where the facility includes all HAP-emitting operations within a contiguous area and under common control. In other words, for each facility that includes one or more sources from one of the source categories under review, we examined the HAP emissions, not only from the source category of interest, but also emissions of HAP from all other emission sources at the facility. The emissions data for generating these “facility-wide” risks were obtained from the 2005 NATA emissions inventory (available at
The methodology and the results of the facility-wide analyses for each source category are included in the residual risk documentation as referenced in section IV.A of this preamble, which is available in the docket for this action.
To examine the potential for any EJ issues that might be associated with each source category, we evaluated the distributions of HAP-related cancer and non-cancer risks across different social, demographic, and economic groups within the populations living near the facilities where these source categories are located. The development of demographic analyses to inform the consideration of EJ issues in EPA rulemakings is an evolving science. The EPA offers the demographic analyses in this rulemaking to inform the consideration of potential EJ issues, and invites public comment on the approaches used and the interpretations made from the results, with the hope that this will support the refinement and improve the utility of such analyses for future rulemakings.
For the demographic analyses, we focus on the populations within 50 km of any facility estimated to have exposures to HAP which result in cancer risks of 1-in-1 million or greater, or non-cancer HI of 1 or greater (based on the emissions of the source category or the facility, respectively). We examine the distributions of those risks across various demographic groups, comparing the percentages of particular demographic groups to the total number of people in those demographic groups nationwide. The results, including other risk metrics, such as average risks for the exposed populations, are documented in source category-specific technical reports in the docket for both source categories covered in this proposal.
The basis for the risk values used in these analyses were the modeling results based on actual emissions levels obtained from the HEM–3 model described above. The risk values for each census block were linked to a database of information from the 2000 Decennial census that includes data on race and ethnicity, age distributions, poverty status, household incomes, and education level. The Census Department Landview® database was the source of the data on race and ethnicity, and the data on age distributions, poverty status, household incomes, and education level were obtained from the SF3 Long Form. While race and ethnicity census data are available at the census block level, the age and income census data are only available at the census block group level (which includes an average of 26 blocks or an average of 1,350 people). Where census data are available at the block group level but not the block level, we assumed that all census blocks within the block group have the same distribution of ages and incomes as the block group.
For each source category, we focused on those census blocks where source category risk results show estimated lifetime inhalation cancer risks above 1-in-1 million or chronic non-cancer indices above 1, and determined the relative percentage of different racial and ethnic groups, different age groups, adults with and without a high school diploma, people living in households below the national median income, and for people living below the poverty line within those census blocks. The specific census population categories studied include:
• Total population
• White
• African American (or Black)
• Native Americans
• Other races and multiracial
• Hispanic or Latino
• Children 18 years of age and under
• Adults 19 to 64 years of age
• Adults 65 years of age and over
• Adults without a high school diploma
• Households earning under the national median income
• People living below the poverty line
It should be noted that these categories overlap in some instances, resulting in some populations being counted in more than one category (
For further information about risks to the populations located near the facilities in these source categories, we also evaluated the estimated distribution of inhalation cancer and chronic non-cancer risks associated
The methodology and the results of the demographic analyses for each source category are included in a source category-specific technical report for each of the categories, which are available in the docket for this action.
Uncertainty and the potential for bias are inherent in all risk assessments, including those performed for the source categories addressed in this proposal. Although uncertainty exists, we believe that our approach, which used conservative tools and assumptions, ensures that our decisions are health-protective. A brief discussion of the uncertainties in the emissions datasets, dispersion modeling, inhalation exposure estimates, and dose-response relationships follows below. A more thorough discussion of these uncertainties is included in the risk assessment documentation (referenced earlier) available in the docket for this action.
Although the development of the RTR datasets involved quality assurance/quality control processes, the accuracy of emissions values will vary depending on the source of the data, the degree to which data are incomplete or missing, the degree to which assumptions made to complete the datasets are inaccurate, errors in estimating emissions values, and other factors. The emission estimates considered in this analysis generally are annual totals for certain years that do not reflect short-term fluctuations during the course of a year or variations from year to year. Additionally, we are aware of a potential impact on emissions from a chemical reaction during the curing and gluing of parts in this source category,
The estimates of peak hourly emission rates for the acute effects screening assessment were based on multiplication factors applied to the average annual hourly emission rates (the default factor of 10 was used for Shipbuilding and Ship Repair (Surface Coating) and a factor of 4 was used for Wood Furniture Manufacturing Operations), which are intended to account for emission fluctuations due to normal facility operations. Additionally, although we believe that we have data for most facilities in these two source categories in our RTR dataset, our dataset may not include data for all existing facilities. Moreover, there are significant uncertainties with regard to the identification of sources as major or area in the NEI for these source categories. While we published an ANPRM for Shipbuilding and Ship Repair (Surface Coating) and received additional data, we did not publish an ANPRM for Wood Furniture Manufacturing due to time constraints.
While the analysis employed EPA's recommended regulatory dispersion model, AERMOD, we recognize that there is uncertainty in ambient concentration estimates associated with any model, including AERMOD. In circumstances where we had to choose between various model options, where possible, model options (
The effects of human mobility on exposures were not included in the assessment. Specifically, short-term mobility and long-term mobility between census blocks in the modeling domain were not considered.
The assessments evaluate the cancer inhalation risks associated with continuous pollutant exposures over a 70-year period, which is the assumed lifetime of an individual. In reality, both the length of time that modeled emissions sources at facilities actually operate (
The exposure estimates used in these analyses assume chronic exposures to ambient levels of pollutants. Because
In addition to the uncertainties highlighted above, there are several factors specific to the acute exposure assessment that should be highlighted. The accuracy of an acute inhalation exposure assessment depends on the simultaneous occurrence of independent factors that may vary greatly, such as hourly emissions rates, meteorology, and human activity patterns. In this assessment, we assume that individuals remain for one hour at the point of maximum ambient concentration as determined by the co-occurrence of peak emissions and worst-case meteorological conditions. These assumptions would tend to overestimate actual exposures since it is unlikely that a person would be located at the point of maximum exposure during the time of worst-case impact.
There are uncertainties inherent in the development of the dose-response values used in our risk assessments for cancer effects from chronic exposures and non-cancer effects from both chronic and acute exposures. Some uncertainties may be considered quantitatively, and others generally are expressed in qualitative terms. We note as a preface to this discussion a point on dose-response uncertainty that is brought out in EPA's
Cancer URE values used in our risk assessments are those that have been developed to generally provide an upper bound estimate of risk. That is, they represent a “plausible upper limit to the true value of a quantity” (although this is usually not a true statistical confidence limit).
Chronic non-cancer reference (RfC and RfD) values represent chronic exposure levels that are intended to be health-protective levels. Specifically, these values provide an estimate (with uncertainty spanning perhaps an order of magnitude) of daily oral exposure (RfD) or of a continuous inhalation exposure (RfC) to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of deleterious effects during a lifetime. To derive values that are intended to be “without appreciable risk,” the methodology relies upon an UF approach (U.S. EPA, 1993, 1994) which includes consideration of both uncertainty and variability. When there are gaps in the available information, UF are applied to derive reference values that are intended to protect against appreciable risk of deleterious effects. The UF are commonly default values,
Not all acute reference values are developed for the same purpose, and care must be taken when interpreting the results of an acute assessment of human health effects relative to the reference value or values being exceeded. Where relevant to the estimated exposures, the lack of short-term dose-response values at different levels of severity should be factored into the risk characterization as potential uncertainties.
Although every effort is made to identify peer-reviewed reference values for cancer and non-cancer effects for all pollutants emitted by the sources included in this assessment, some HAP continue to have no reference values for cancer or chronic non-cancer or acute effects. Since exposures to these pollutants cannot be included in a quantitative risk estimate, an understatement of risk for these pollutants at environmental exposure levels is possible. For a group of compounds that are either unspeciated or do not have reference values for every individual compound (
Additionally, chronic reference values for several of the compounds included in this assessment are currently under EPA IRIS review, and revised assessments may determine that these pollutants are more or less potent than the current value. We may re-evaluate residual risks for the final rulemaking if, as a result of these reviews, a dose-response metric changes enough to indicate that the risk assessment supporting this notice may significantly understate human health risk.
We generally assume that when exposure levels are not anticipated to adversely affect human health, they also are not anticipated to adversely affect the environment. For each source category, we generally rely on the site-specific levels of PB–HAP emissions to determine whether a full assessment of the multi-pathway and environmental effects is necessary. Because site-specific PB–HAP emission levels were so far below levels which would trigger a refined assessment of multi-pathway impacts, we are confident that these types of impacts are insignificant for these source categories.
Given that the same general analytical approach and the same models were used to generate facility-wide risk results as were used to generate the source category risk results, the same types of uncertainties discussed above for our source category risk assessments apply to the facility-wide risk assessments. Additionally, the degree of uncertainty associated with facility-wide emissions and risks is likely greater because we generally have not conducted a thorough engineering review of emissions data for source categories not currently undergoing an RTR review.
Our analysis of the distribution of risks across various demographic groups is subject to the typical uncertainties associated with census data (
Our technology review is focused on the identification and evaluation of “developments in practices, processes, and control technologies” since the promulgation of the existing MACT standard. If a review of available information identifies such developments, then we conduct an analysis of the technical feasibility of requiring the implementation of these developments, along with the impacts (costs, emission reductions, risk reductions, etc.). We then make a decision on whether it is necessary to amend the regulation to require these developments.
Based on specific knowledge of each source category, we began by identifying known developments in practices, processes, and control technologies. For the purpose of this exercise, we considered any of the following to be a “development”:
• Any add-on control technology or other equipment that was not identified and considered during MACT development;
• Any improvements in add-on control technology or other equipment (that was identified and considered during MACT development) that could result in significant additional emission reduction;
• Any work practice or operational procedure that was not identified and considered during MACT development; and
• Any process change or pollution prevention alternative that could be broadly applied that was not identified and considered during MACT development.
In addition to looking back at practices, processes, or control technologies reviewed at the time we developed the MACT standards, we reviewed a variety of sources of data to aid in our evaluation of whether there were additional practices, processes, or controls to consider. One of these sources of data was subsequent air toxics rules. Since the promulgation of the MACT standards for the source categories addressed in this proposal, EPA has developed air toxics regulations for a number of additional source categories. We reviewed the regulatory requirements and/or technical analyses associated with these subsequent regulatory actions to identify any practices, processes, and control technologies considered in these efforts that could possibly be applied to emission sources in the source categories under this current RTR review.
We also consulted EPA's RBLC. The terms “RACT,” “BACT,” and “LAER” are acronyms for different program requirements under the CAA provisions addressing the national ambient air quality standards. Control technologies classified as RACT, BACT, or LAER apply to stationary sources depending on whether the source is existing or new, and on the size, age, and location of the facility. Best Available Control Technology and LAER (and sometimes RACT) are determined on a case-by-case basis, usually by state or local permitting agencies. EPA established the RBLC to provide a central database of air pollution technology information (including technologies required in source-specific permits) to promote the sharing of information among permitting agencies and to aid in identifying future possible control technology options that might apply broadly to numerous sources within a category or apply only on a source-by-source basis. The RBLC contains over 5,000 air pollution control permit determinations that can help identify appropriate technologies to mitigate many air pollutant emission streams. We searched this database to determine whether any practices, processes, or control technologies are included for the types of processes used for emission
We also requested information from industry regarding developments in practices, processes, or control technology. Finally, we reviewed other information sources, such as state or local permitting agency databases and industry-supported databases.
This section of the preamble provides background information on the MACT standards and source categories, the results of our RTR for each source category, and our proposed decisions concerning the SSM provisions in each MACT standard.
The National Emission Standards for Shipbuilding and Ship Repair (Surface Coating) were promulgated on December 15, 1995 (60 FR 64330) and codified at 40 CFR part 63, subpart II. The Shipbuilding and Ship Repair (Surface Coating) MACT standards (
The shipbuilding and ship repair industry consists of establishments that build, repair, repaint, convert, and alter ships, which are marine or fresh-water vessels used for military or commercial operations. In general, activities and processes involved in ship repair and new ship construction are relatively similar. Operations include fabrication of basic components from raw materials, welding components and parts together, painting and repainting, overhauls, ship conversions, and other alterations. Nearly all shipyards that construct new ships also perform ship repairs. The source category covered by this MACT standard only includes the surface coating operations that occur at these facilities during shipbuilding and ship repair.
Emissions of VOHAP from surface coating operations at shipbuilding and ship repair facilities result from the application of coatings and the use of cleaning solvents containing VOHAP during ship repair and shipbuilding operations. To reduce VOHAP emissions, the Shipbuilding MACT standards limit the coatings that can be used to those with as-applied VOHAP content less than or equal to the applicable level specified in Table 2 to Subpart II of Part 63—Volatile Organic HAP Limits for Marine Coatings. This table contains as-applied VOHAP content limits of a variety of marine surface coatings categories, including a general use category and 22 specialty coatings categories. The Shipbuilding MACT standards also specify work practice standards that minimize evaporative emissions and spills from the handling, transfer, and storage of VOHAP-containing materials such as organic thinning solvents and paint wastes.
We initially created a preliminary dataset for the source category using data in the 2002 NEI Final Inventory, Version 1 (made publicly available on February 26, 2006). We reviewed the NEI dataset and made changes where necessary to ensure that the proper facilities were included and that the proper processes were allocated to the Shipbuilding and Ship Repair (Surface Coating) source category. We also reviewed the emissions and other data to identify data anomalies that could affect risk estimates. On March 29, 2007, we published an ANPRM (72 FR 29287) for the express purpose of requesting comments and updates to this dataset, as well as to the datasets for the other source categories addressed in that ANPRM. Approximately 20 comments, received in response to the ANPRM, were reviewed and considered, and we made adjustments to the dataset where we concluded the comments supported such adjustment. Adjustments were also made to the dataset to reflect updates made to the data in the 2005 NEI and to remove emissions from the dataset that were from sources that are not part of the Shipbuilding and Ship Repair (Surface Coating) source category, as determined through further engineering review. Based on the data collection and review process, we developed model input files to be used in the risk analysis for 71 facilities. As mentioned previously, there are a total of approximately 85 facilities subject to the Shipbuilding MACT standards. Therefore, we developed model input files for about 84 percent of the total facilities.
Nevertheless, after the adjustments described above were made to the dataset, approximately 40 facilities included in our list of 85 facilities still had some missing or incomplete HAP emissions data, based on NEI and EPA's Toxics Release Inventory searches. Thus, a HAP profile was developed to populate the Shipbuilding and Ship Repair (Surface Coating) dataset with representative data for these 40 facilities, using several assumptions and decisions. For more information see
There were also 44 facilities subject to the Shipbuilding MACT standards with no available emissions data, and we decided to assign them to one of two possible categories based on available information from company Web sites, operating permits, previous MACT project information, or similar facilities. The first category included 11 facilities that emitted greater than or equal to 25 TPY of total HAP. The second category included 33 facilities that emitted less than 25 TPY. Based on a small number of available operating permits and industry information collected for the original MACT rule, we determined which facilities belonged in each category. We then used the available emissions data reported for those facilities to calculate average total HAP emissions for each source type. The average HAP emissions level for facilities in the first category was estimated to be about 25 TPY, and the average HAP emissions level for facilities in the second category was estimated to be 7 TPY. Thus, the 11 facilities in the first category with no emissions data were assigned emissions of 25 tons total HAP per year, and 33 facilities in the second category with no emissions data were assigned emissions of 7 tons total HAP per year. The same default HAP solvent profile discussed above was used to speciate the HAP emissions for these facilities. For a more complete description of the default
Mixed xylenes and ethyl benzene account for the majority of the HAP emissions from the Shipbuilding and Ship Repair (Surface Coating) source category (approximately 855 TPY, or 90 percent of the total HAP emissions by mass). These estimates are based on actual reported emissions data. These facilities also reported relatively small emissions of 33 other HAP. For more detail, see the memorandum in the docket for this action describing the risk assessment inputs and models for the Shipbuilding and Ship Repair (Surface Coating) source category.
We estimate that MACT-allowable emissions from this source category could be up to 2 times greater than the actual emissions for some types of coatings, based on information obtained for the highest usage coating categories at several major source facilities. However, we do not have facility-specific information for all facilities or all coatings, and we request comment on this estimate. For more detail about how this estimate of the ratio of actual to MACT-allowable emissions was derived, see the
We conducted an inhalation risk assessment for the Shipbuilding and Ship Repair (Surface Coating) source category. We also conducted an assessment of facility-wide risk and performed a demographic analysis of population risks. Details of the risk assessments and analyses can be found in the residual risk documentation referenced in section IV.A of this preamble, which is available in the docket for this action.
Table 3 provides an overall summary of the results of the inhalation risk assessment.
As shown in Table 3, the results of the inhalation risk assessment performed using actual emissions data indicate the maximum lifetime individual cancer risk could be as high as 10-in-1 million, due to ethyl benzene emissions; the maximum chronic non-cancer TOSHI value could be as high as 0.5, due to mixed xylenes emissions; and the maximum off-site acute HQ value could be as high as 0.1, based on the REL value for glycol ethers. The total estimated cancer incidence from these facilities based on actual emission levels is 0.003 excess cancer cases per year, or 1 in every 333 years.
As explained above, our analysis of potential differences between actual emission levels and emissions allowable under the Shipbuilding MACT standards indicate that MACT-allowable emission levels may be up to 2 times greater than actual emission levels. Considering this difference, the risk results from the inhalation risk assessment indicate the maximum lifetime individual cancer risk could be as high as 20-in-1 million, and the maximum chronic non-cancer TOSHI value could be as high as 1 at the MACT-allowable emissions level.
A facility-wide risk analysis was also conducted based on actual emissions levels. Table 4 displays the results of the facility-wide risk assessment. For detailed facility-specific results,
The maximum individual cancer risk from all HAP emissions at any facility that contains sources subject to the Shipbuilding MACT standards is estimated to be 200-in-1 million based on actual emissions. Of the 85 facilities included in this analysis, four have facility-wide maximum individual cancer risks of 100-in-1 million or greater. At these shipbuilding and ship repair facilities, surface coating operations account for about 1 percent of the total facility-wide risk. There are 41 facilities with facility-wide maximum individual cancer risks of 1-in-1 million or greater. Of these 41 facilities, 15 have shipbuilding and ship repair (surface coating) operations that contribute greater than 50 percent to the facility-wide risks. The facility-wide cancer risks at these 41 facilities, and at the four facilities with risks of 100-in-a million or more, are primarily driven by emissions of hexavalent chromium from welding and abrasive blasting operations. However, we note that there are uncertainties in the amount and form of chromium emitted from these facilities. For many of the facilities, the emissions inventory used for the risk assessment included estimates for the two main forms of chromium (
The facility-wide maximum individual chronic non-cancer TOSHI is estimated to be 10 based on actual emissions. Of the 85 facilities included in this analysis, 6 have facility-wide maximum chronic non-cancer TOSHI values greater than 1 (the facility-specific TOSHI values are 2,2,2,3,4, and 10). Of these 6 facilities, none had shipbuilding and ship repair (surface coating) operations that contributed greater than 50 percent to these facility-wide risks. The chronic non-cancer risks at these 6 facilities are primarily driven by manganese emissions from welding and abrasive blasting operations.
Finally, as discussed previously, the welding and abrasive blasting operations that occur during shipbuilding and ship repair are sources of HAP at these major source facilities, and could involve different types of metals (welding) and minerals (abrasive blasting and welding). We therefore intend to list welding and blasting operations that occur at shipbuilding and ship repair facilities as a major source category under Section 112(c)(5) of the CAA. We request additional information on the HAP emitted by these activities. Once we have this information, we will be in a better position to identify the appropriate scope of the major source category to be listed.
The results of the demographic analyses performed to investigate the distribution of cancer risks at or above 1-in-1 million among the surrounding population are summarized in Table 5 below. These results, for various demographic groups, are based on actual emissions levels for the population living within 50 km of the facilities.
The results of the Shipbuilding and Ship Repair (Surface Coating) source category demographic analysis indicate that there are approximately 4,000 people exposed to a cancer risk greater than 1-in-1 million due to emissions from the source category. Of this population, an estimated 46 percent can be classified as a minority (listed as “All Other Races” in the table above), including 42 percent in the “African American” demographic group. Of the 4,000 people with estimated cancer risks above 1-in-1 million from the source category, 24 percent are in the “Below Poverty” demographic group, and 15 percent are in the “Over 25 Without High School Diploma” demographic group, results which are 11 and two percentage points higher, respectively, than the respective percentages for these demographic groups across the United States. The percentages for the other demographic groups are lower than their respective nationwide percentages. The table also shows that there are approximately 392,000 people exposed to an estimated cancer risk greater than 1-in-1 million due to facility-wide emissions. Of this population, an estimated 29 percent can be classified as a minority, including 20 percent in the “African American” demographic group. Of the 392,000 with estimated cancer risk greater than 1-in-1 million from the source category, 16 percent are in the “Below Poverty” demographic group, a result which is three percentage points higher than the respective percentage for this demographic group across the United States. The percentages for the other demographic groups are equal to, or lower than their respective nationwide percentages.
As noted in section III.B of this preamble, we weigh all health risk factors and measures in our risk acceptability determination, including cancer risks to the individual most exposed, risk estimation uncertainty, and other health information. For the Shipbuilding and Ship Repair (Surface Coating) source category, the risk analysis we performed indicates that the cancer risks to the individual most exposed could be as high as 10-in-1 million due to actual emissions and as high as 20-in-1 million due to MACT-allowable emissions. These risks are considerably less than 100-in-1 million, which is the presumptive limit of acceptability. The risk analysis also shows low cancer incidence (1 case in every 333 years), no potential for adverse environmental effects or human health multi-pathway effects, and that chronic and acute non-cancer health impacts are unlikely. While our additional analysis of facility-wide risks showed that there are four facilities with maximum facility-wide cancer risk of 100-in-1 million or greater and 6 facilities with a maximum chronic non-cancer TOSHI greater than 1 and less than or equal to 10, it also showed that shipbuilding and ship repair (surface coating) operations did not drive these risks. Our additional analysis of the demographics of the exposed population indicates that disparities in risks between demographic groups may exist; however, the number of people exposed to cancer risks of 1-in-1 million or greater due to emissions from the source category is relatively low (4,000). Considering these factors and the uncertainties discussed in section IV.A.7 of this preamble, we propose that the risks from the Shipbuilding and Ship Repair (Surface Coating) source category are acceptable.
Although we are proposing that the risks from the Shipbuilding and Ship Repair (Surface Coating) source category are acceptable, risk estimates for 4,000 individuals in the exposed population are above 1-in-1 million. Consequently, we considered whether the MACT standard provides an ample margin of safety. In this analysis, we investigated available emissions control options that might reduce the risk associated with emissions from the source category and considered this information along with all of the health risks and other health information considered in the risk acceptability determination.
One option we considered was to require the use of marine coatings with lower overall VOHAP content or lower toxicity VOHAP content. However, we have not identified any data regarding the availability, use, performance, and emissions associated with the use of any such marine coating. We are soliciting comment on the availability of such coatings and any issues related to the use and performance of those coatings.
We also considered requiring the enclosure of some or all of the coating operations and requiring emissions to be routed to a control device, such as a regenerative thermal oxidizer. However, because these facilities repair and repaint ships, as well as perform new construction painting operations, any enclosures would need to be large enough to accommodate the entire ship or a large portion (
In accordance with the approach established in the Benzene NESHAP, EPA weighed all health risk measures and information considered in the risk acceptability determination, along with the costs and economic impacts of emissions controls, technological feasibility, uncertainties, and other relevant factors, in making our ample margin of safety determination. Considering the health risk information, the uncertainty and lack of data associated with one potential risk reduction option identified, and the technological infeasibility of the other option identified, we propose that the existing MACT standards provide an ample margin of safety to protect public health. Thus, we are proposing to re-adopt the existing MACT standards to satisfy section 112(f) of the CAA.
While we are proposing that the emissions covered by the Shipbuilding MACT standards provide an ample margin of safety to protect public health, we are concerned about the estimated facility-wide risks identified through these screening analyses. As described previously, the estimated cancer risks are due to emissions of chromium compounds and are largely dependent on the estimates of the fraction of total chromium that is in the hexavalent form. Welding and abrasive blasting operations (which are not part of this source category) that occur during shipbuilding and ship repair are sources of HAP at these major source facilities, and could involve different types of metals (welding) and minerals (abrasive blasting and welding).
We evaluated developments in practices, processes, and control technologies potentially applicable to the Shipbuilding and Ship Repair (Surface Coating) source category. This included a search of the RBLC Clearinghouse, the California BACT Clearinghouse, the Internet, and correspondence with state agencies and industry. We found an advance in add-on control technology since the Shipbuilding and Ship Repair MACT standards were originally developed in 1995, and we have determined that there are more stringent VOC-based coating limits for certain marine coating categories for shipbuilding and ship repair facilities in some areas of California.
We identified an add-on control device, a concentrator/RTO, recently installed (2009) at one shipbuilding and ship repair facility in California. The control device consisted of rotary concentrators followed by RTOs on five large, custom-built spray booths to control volatile organic emissions from some of the coating operations. The system is capable of achieving 95 percent control efficiency for the VOHAP emissions captured by the spray booths (which are estimated to capture 90 percent of the VOHAP emissions). For this type of add-on control to be effective, a facility must perform regular or continuous modular (ship sections or components) coating operations, a process that is normally performed at large shipyards during new ship construction. Due to the size of the booths required to handle large ship modules, a facility would also require a large physical land space to build or retrofit the spray booths. Such spray booths must be located near the final ship assembly area (
Nationwide, based on recently awarded contracts for new ship construction, we estimate that fewer than 20 facilities have significant new ship construction business, are large enough to adopt this type of technology, and are able to retrofit existing spray booths. We estimate cost-effectiveness of the concentrator/RTO system to be $305,000 per ton of VOHAP, with an estimated industry-wide emission reduction of 48 tons of VOHAP per year (if installed at the approximately 20 facilities large enough to use the technology). Based on facility level sales, we determined that this option is not affordable. The cost as a percent of revenues was estimated to be 42 percent or greater. Additional information on the affordability of controls is discussed in the memorandum
In our review of developments in practices, processes, and control technologies, we also identified four California air quality districts that have adopted more stringent VOC marine coating emission limits than those specified in the 1995 Shipbuilding and Ship Repair (Surface Coating) MACT Standard. Based on information from major source facilities, when the Shipbuilding and Ship Repair MACT standards were originally developed, the relationship between VOC content and VOHAP content in marine coatings was approximately 3:1, where approximately 30 percent of all solvents used for painting and thinning were VOHAP solvents. For more information on the relationship between VOC and VOHAP, see the
We are proposing the elimination of the SSM exemption in the Shipbuilding (Surface Coating) MACT Standards. Consistent with
EPA has attempted to ensure that we have neither overlooked nor failed to propose to remove from the existing text any provisions that are inappropriate, unnecessary, or redundant in the absence of the SSM exemption, nor included any such provisions in the proposed new regulatory language. We are specifically seeking comment on whether there are any such provisions that we have inadvertently overlooked or incorporated.
Finally, we intend to list welding and blasting operations that occur at shipbuilding and ship repair facilities as a major source category under section 112(c)(5) of the CAA and are requesting additional information on the HAP emitted by these activities. Once we have this information, we will be in a better position to identify the appropriate scope of the major source category to be listed.
The National Emission Standards for Wood Furniture Manufacturing Operations were promulgated on December 7, 1995 (60 FR 62930) and codified at 40 CFR part 63, subpart JJ. The Wood Furniture Manufacturing Operations MACT standards (
The Wood Furniture Manufacturing Operations source category includes operations related to the production of a range of wood products, including wood kitchen cabinets, wood residential furniture, upholstered residential and office furniture, wood office furniture and fixtures, partitions, shelving, lockers, and other wood furniture not included in one of the other categories listed above.
Finishing, gluing, cleaning, and wash-off operations are processes that take place during wood furniture manufacturing that result in VHAP emissions, and are regulated by the Wood Furniture Manufacturing Operations MACT standards.
Finishing materials include, but are not limited, to stains, basecoats, washcoats, sealers, enamels, and topcoats. All of these finishing materials may contain VHAP that would be emitted during application. After a finishing material is applied, the wood substrate typically enters a flash-off area where the more volatile solvents in the finishing materials (including VHAP) evaporate, and the finishing material begins to cure. Then, the wood substrate enters an oven where curing of the finishing material and evaporation of the volatile solvents continues.
The only gluing operations that occur at wood furniture manufacturing facilities that are part of the Wood Furniture Manufacturing Operations source category are contact adhesives.
Cleaning activities include the use of solvents to dissolve resins into the coating mix and to remove dried coatings. These industrial solvents sometimes contain VHAP which evaporate when the solvent is exposed to the air and subsequently discharged to the atmosphere via ventilation air.
To meet the requirements of the Wood Furniture MACT Standards, facilities typically use compliant coatings, finishing materials that meet the individual VHAP content requirements by material type, and work practice standards. Work practice standards include inspection and maintenance plans to prevent leaks, as well as using covers on tanks.
Another option, installing destructive control devices such as thermal oxidizers, is allowed by the Wood Furniture MACT standards as an alternative to using compliant coatings, but is not often used by the industry. For more information see memorandum
For the Wood Furniture Manufacturing Operations source category, we compiled preliminary datasets using data in the 2005 NEI. We reviewed and verified these data and made changes where necessary. In this review and verification process, we contacted several facilities to verify existing information on emissions of several different pollutants, including speciated glycol ether emissions, as reported in the NEI. We obtained updated emissions data and process information (generally 2008 or 2009 data), found that some plants had closed, and that others no longer manufacture wood furniture. For more detail, see the memorandum
In addition to contacting individual facilities, we consulted with four trade
A speciation profile was created and applied to the generically-reported glycol ethers in the NEI data set. A total of 66 wood furniture manufacturing facilities in the RTR dataset reported generic glycol ethers that totaled 70 TPY. For more information about glycol ethers and the glycol ether speciation profile, see the memorandum
This updated dataset was used to conduct the risk assessments and other analyses that form the basis for this proposed action. Toluene and mixed xylenes account for the majority of the VHAP emissions from the Wood Furniture Manufacturing Operations source category (approximately 3,500 TPY and 62 percent of the total VHAP emissions by mass). Lower levels of emissions of 68 other VHAP were also reported from facilities in the source category. For more detail,
We estimate that MACT-allowable emissions from this source category could be up to 2 times greater than the actual emissions, as the compliant coatings used typically have lower VHAP content than required by the Wood Furniture Manufacturing Standards to allow for operational and market variability. However, we do not have facility-specific information for all facilities or all coatings, and we request comment on this estimate. For more detail about how we estimated this ratio of actual-to-MACT-allowable emissions,
We have conducted an inhalation risk assessment for the Wood Furniture Manufacturing Operations source category. We have also conducted an assessment of facility-wide risks and performed a demographic analysis of population risks. Details of the risk assessments and analyses can be found in the residual risk documentation referenced in section IV.A of this preamble, which is available in the docket for this action.
Table 6 provides an overall summary of the inhalation risk assessment results for the source category.
The inhalation risk modeling was performed using actual emissions data. As shown in Table 6, the results of the inhalation risk assessment indicate the maximum lifetime individual cancer risk could be as high as 20-in-1 million due to emissions of formaldehyde.
As explained above, our analysis of potential differences between actual emission levels and emissions allowable under the MACT standards indicates that MACT-allowable emission levels may be up to 2 times greater than actual emission levels. Considering this difference, the risk results from the inhalation risk assessment indicate the maximum lifetime individual cancer risk could be as high as 40-in-1 million, and the maximum chronic non-cancer TOSHI value could be up to 0.8 at the MACT-allowable emissions level.
The risk assessment for chronic non-cancer risks was performed consistent with the approach taken in previous risk and technology review for other source categories,
In reviewing data sources for this residual risk assessment, we identified a PPRTV for assessing chronic noncancer health risks from inhalation of DGBE, which is emitted by some facilities in this source category. PPRTV are reference values, developed by EPA for use specifically in EPA's Superfund Program when an acceptable reference value, such as those found in EPA's IRIS database, is not otherwise available.
The DGBE PPRTV was prepared for EPA's Superfund Program in 2009. Inhalation toxicity information for DGBE is essentially limited to the results of a single 5-week study in rats (Gushow
Provisional Peer Reviewed Toxicity Values differ from IRIS values in that PPRTVs do not receive the multiprogram review provided for IRIS values. As stated in the DGBE PPRTV document, this is because “* * * IRIS values are generally intended to be used in all U.S. EPA programs, while PPRTVs are developed specifically for the Superfund Program.” The EPA's Superfund Program uses PPRTVs in conjunction with assessments to support site-specific clean-up decisions. PPRTVs are applied to high quality exposure data developed for each Superfund site using measurements of the specific chemical for which the PPRTV was developed. Each final cleanup decision, as memorialized in a Record of Decision, is subject to public notice and comment, and it is at this stage of the process that a public review of how a PPRTV was used in that site-specific context may occur, which may include consideration of comments on the development of the PPRTV itself (
Contrasting the site-specific Superfund application of PPRTVs and related Records of Decision, the Wood Furniture RTR proposal is of national scope and will not be subject to ongoing review related to each application to a facility. Based on the foregoing discussion, EPA has determined that reliance on the DGBE PPRTV value in this RTR rule is beyond the specific purpose for which it was developed, and would exacerbate the cumulative uncertainty in the baseline Wood Furniture risk assessment stemming from limitations in the underlying exposure and toxicity data. Accordingly, EPA has not used the DGBE PPRTV value in the risk assessment supporting this proposed action, noting that a suitable alternative value (in this case, it is the RfC for EGME from IRIS) is available to represent the toxicity of glycol ethers without hierarchically based non-cancer reference values in the assessment.
In characterizing the potential cancer and non-cancer risks, it is important to consider the uncertainties related to the risk assessments, particularly for formaldehyde and glycol ethers. Some of the general uncertainties with health values and the modeling approach were described earlier in this preamble. With regard to emissions, there are various areas of potential uncertainty for these HAP. First, only about 23 percent of the facilities reported glycol ether emissions and about half reported formaldehyde. We recognize that not all facilities necessarily emit these HAP. Nevertheless, we believe the actual number of facilities with emissions of glycol ethers and formaldehyde could
With regard to the acute inhalation assessment, the maximum acute non-cancer HQs of 7 for formaldehyde with the REL and 0.35 with the AEGL and 10 for propyl cellosolve were derived partly based on using an acute multiplier of 4 from the annual average hourly emissions. The factor of 4 is based on readily available information for the emissions driving the risk. The information we have may not be representative of all sources in the category. For more information on this factor, see the memorandum
Thus, because of the uncertainties described above, we solicit additional data and comments that would improve our emissions estimates. Specifically, we solicit data on glycol ethers (speciated to the extent known) and formaldehyde used in coatings at wood furniture manufacturing facilities. We solicit data regarding facilities that use coatings that may form formaldehyde or other VHAP during the curing process and data on VHAP emissions related to gluing operations. We solicit comment on the emissions estimates and assumptions we have used in this proposal and whether there are scientifically credible methods to estimate curing and gluing emissions, based on known coatings or other methods. We also solicit comment on potential options for reducing the use in this source category of specific glycol ethers which are known to have (or are suspected to have) higher toxicity than other compounds in the class. Moreover, we request that comments include, if possible, the following types of data and information that might help reduce the uncertainties: (1) Ranges of the VHAP content in coating products and variability between product runs for different types of facilities; (2) ranges within the annual averages of VHAP per pound of coating solids; (3) information regarding whether control devices are used and, if so, what types and at how many facilities.
Table 7 displays the results of the facility-wide risk assessment. This assessment was conducted based on actual emission levels. For detailed facility-specific results, see Table 2 of Appendix 6 of the “Draft Residual Risk Assessment for the Wood Furniture Manufacturing Source Category” in the docket for this rulemaking.
The maximum individual cancer risk from all HAP emissions at a facility that contains sources subject to the Wood Furniture Manufacturing MACT standards is estimated to be 100-in-1 million. Of the 385 facilities included in this analysis, one has a facility-wide maximum individual cancer risk of 100-in-1 million or greater. At this facility, the wood furniture manufacturing operations contribute approximately one percent to these facility-wide risks. Based on the data we have, the emissions source driving this higher cancer risk is a boiler, which is subject to the proposed Boiler NESHAP (
There are 74 facilities with facility-wide maximum individual cancer risks of 1-in-1 million or greater. Of these 74 facilities, 64 have wood furniture manufacturing operations that contribute 50 percent or greater to the facility-wide risks. The facility-wide cancer risks at most of these 74 facilities are primarily driven by emissions of ethyl benzene from wood furniture manufacturing operations.
The facility-wide maximum individual chronic non-cancer TOSHI is estimated to be 3. Of the 385 facilities included in this analysis, two have facility-wide maximum chronic non-cancer TOSHI values between 1 and 3 (the individual TOSHI values are 2 and 3); all the rest are 1 or below. Of these three facilities, no facility had wood furniture manufacturing operations that contributed 50 percent or greater to these facility-wide risks. The chronic non-cancer risks at these facilities are primarily driven by emissions of manganese and acrolein from boilers.
The results of the demographic analyses performed to investigate the distribution of cancer risks at or above 1-in-1 million to the surrounding population are summarized in Table 8 below. These results, for various demographic groups, are based on actual emissions levels for the population living within 50 km of the facilities.
The results of the Wood Furniture Manufacturing Operations source category demographic analysis indicate that there are 20,000 people exposed to a cancer risk greater than or equal to 1-in-1 million based on HAP emissions from the source category. Of this population, an estimated 37 percent can be classified as a minority (listed as “All Other Races” in the table above), including 13 percent in the “African American” demographic group, and 23 percent in the “Other and Multiracial” demographic group). Of the 20,000 people with estimated cancer risks above 1-in-1-million from the source category, 34 percent are in the “Hispanic” demographic group, 16 percent are in the “Below Poverty” demographic group, and 19 percent are in the “Over 25 and Without High School Diploma” demographic group; these percentages are higher than their respective percentages for these demographic groups across the United States by 20, 3, and 6 percentage points. The percentages for the other demographic groups are lower than their respective nationwide values. The table also shows that there are approximately 26,000 people exposed to an estimated cancer risk greater than or equal to 1-in-1 million based on facility-wide emissions. Of this population, the results of the facility-wide demographic analysis indicate that the percentages are higher than nationwide percentages for those included in the “African American,” “Other and Multiracial,” “Hispanic,” “Below Poverty” level,” and the “Over 25 and Without High School Diploma” demographic groups, by 5, 5, 10, 3, and 6 percentage points, respectively. The percentages for the other demographic groups are lower than their respective nationwide values.
As noted in section III.B of this preamble, we weigh all health risk factors and measures in our risk acceptability determination, including cancer risks to the individual most exposed, risk estimation uncertainty, and other health information. For the Wood Furniture Manufacturing Operations source category, the risk analysis we performed indicates that the cancer risks to the individual most exposed could be up to 20-in-1 million due to actual emissions and up to 40-in-1 million due to MACT-allowable emissions.
When estimated maximum 1-hour peak emissions estimates for speciated glycol ethers (
When estimated one-hour peak emissions estimates for formaldehyde are compared to the formaldehyde REL, the assessment indicates a maximum acute non-cancer HQ up to 7 could occur. Eleven facilities (or three percent of the total) had an estimated HQ greater than 1 and up to 7 for formaldehyde. All other facilities modeled had HQs less than 1. The maximum acute HQ for formaldehyde based on an AEGL–1 or ERPG–1 value is 0.35. Exposures immediately above the REL do not necessarily indicate that adverse effects will occur (
A detailed discussion of our acute assessment for formaldehyde along with the interpretation of potential acute risks is provided in the
Nevertheless, as described earlier in this preamble, the acute assessment includes some conservative assumptions and some uncertainties. Moreover, the RELs are protective and designed to protect the most sensitive individuals in the population by inclusion of margins of safety. Therefore, overall we believe that it is unlikely that HAP emissions from this source category pose unacceptable acute non-cancer risks. However, as described below, we still have concerns about the uncertainties associated with acute non-cancer risks.
While our additional analysis of facility-wide risks indicates that there is one facility with a maximum facility-wide cancer risk of 100-in-1 million and three facilities with a maximum chronic non-cancer TOSHI of 1 or more, it also shows that wood furniture manufacturing operations do not drive these risks. Our additional analysis of the demographics of the exposed population indicates disparities in risks between demographic groups may exist; however, the overall risks are not high and the total number of people exposed to cancer risks of 1-in-1 million or greater due to emissions from the source category is relatively low (20,000).
EPA has weighed the various health measures and factors and uncertainties discussed above and in section IV.A.7 of this preamble, and is proposing that the risks from the Wood Furniture Manufacturing Operations source category are acceptable. We are proposing that the risks are acceptable after weighing concerns about possible acute non-cancer risks, especially acute non-cancer risks due to formaldehyde (acute HQ up to 7 with the REL and up to 0.35 with the AEGL) and glycol ethers (acute HQ up to 10), and uncertainties in the emissions data as described above. We have considered these HAP further under the ample margin of safety analyses, as described below, and are seeking data and comments to help us refine the assessments.
Although we are proposing that the risks from the Wood Furniture Manufacturing Operations source category are acceptable, risk estimates for 20,000 individuals in the exposed population are above 1-in-1 million, and while there is uncertainty associated with our assessment of acute non-cancer risks, we remain concerned about the potential for them. Consequently, we considered whether the Wood Furniture MACT standards provide an ample margin of safety. In this analysis, we investigated available emissions control options that might reduce the risks associated with emissions from the Wood Furniture Manufacturing Operations source category and considered this information along with all of the health risks and other health information considered in the risk acceptability determination.
We evaluated the emissions reductions and cost associated with various control options for the Wood Furniture Manufacturing Operations source category. One option would require lower VHAP content in wood furniture coatings, which we estimate could reduce VHAP emissions from this source category by up to 56 TPY from the estimated baseline level of 5,900 TPY.
Another potential emissions reduction option involving an RTO add-on control device was investigated but found not to be feasible for implementation by the majority of the facilities in the source category. This control technology is discussed below in section IV.B.5 of this preamble.
A third emissions reduction option is to limit formaldehyde emissions by restricting formaldehyde use to 400 pounds per rolling 12 month period, or if a control device is used, to an amount adjusted from 400 pounds per rolling 12 month period based on the overall control efficiency of the control system. The limit would apply to wood furniture coatings and contact adhesives. This emissions level is currently included in Table 5 to Subpart JJ of Part 63—List of VHAP of Potential Concern Identified by Industry of the Wood Furniture Manufacturing Operations MACT standards as part of the work practice requirement to have a Formulation Assessment Plan for finishing operations. The usage level provided in Table 5 to Subpart JJ of Part 63—List of VHAP of Potential Concern Identified by Industry of the Wood Furniture Manufacturing Operations MACT standards is 0.2 TPY. Under the current Wood Furniture MACT standards, if a facility's annual usage of formaldehyde exceeds its baseline level, the owner or operator of the facility provides a written notification to the permitting authority describing the amount of the increase and explains the reasons for exceedance of the baseline level. If the exceedance is no more than 15 percent above the baseline, or if usage is below the level in Table 5 to Subpart JJ of Part 63—List of VHAP of Potential Concern Identified by Industry, then no further explanation is required. See 40 CFR 63.803(l). This third emissions reduction option would change the formaldehyde usage level in the existing Wood Furniture Operations MACT standards to a limit not to be exceeded at any time. Based on the updated dataset described in section V.B.2, 39 of the 385 facilities use (and emit) more than 400 pounds per rolling 12-month period of formaldehyde. By setting a usage limit of 400 pounds per rolling 12-month period, we estimate that the formaldehyde emissions from these 39 facilities will be reduced from 20.125 TPY to 10.665 TPY, a 9.46 TPY or 47 percent reduction.
As described in the risk assessment section above, we estimate that formaldehyde emissions from 11 facilities (about three percent) could result in exceedances of the acute REL, indicating a potential for acute non-cancer risks of concern. We did not see a potential for any facility to cause exceedances of the acute ERPG–1 or AEGL–1 levels. These 11 facilities are among the 39 facilities that use and emit formaldehyde in excess of 400 pounds per year. Moreover, formaldehyde emissions from these facilities also drive the maximum lifetime individual cancer risks. Therefore, reductions in formaldehyde emissions will reduce these risks. We estimate that limiting formaldehyde use to no more than 400 pounds per rolling 12 month period will reduce the maximum acute HQ value based on the REL for formaldehyde from 7 to 3, and will reduce the maximum lifetime individual cancer risk from 20-in-1 million to approximately 10-in-1 million, both based on the actual emissions level.
There are many coatings and adhesives available from several suppliers that contain no or low quantities of formaldehyde and that are approximately equivalent in cost to the coatings and adhesives that contain formaldehyde. Many facilities currently use these no- or low-formaldehyde coatings and adhesives. Based on our data, the wood furniture manufacturing operations at the facilities using more than 400 pounds per rolling 12 month period of formaldehyde are similar to operations at facilities currently using less than 400 pounds per rolling 12 month period of formaldehyde. Therefore, we believe it is feasible for the remaining facilities (including the 11 facilities with HQ greater than 1) to switch to coatings and adhesives containing no or low amounts of formaldehyde, at little or no extra cost, and reduce their overall usage to no more than 400 pounds per rolling 12 month period.
We are proposing to limit the formaldehyde usage to 400 pounds per 12 month rolling period as a means of reducing emissions of formaldehyde. This limit will reduce the maximum acute HQ value for formaldehyde from 7 to 3, and reduce the maximum lifetime individual cancer risk from 20-in-1 million to approximately 10-in-1 million. All affected sources are expected to meet this limit by using no- or low-formaldehyde coatings. We solicit comment on these estimated risk reductions, compliant coatings as a method for reducing the risk associated with formaldehyde, the appropriateness of the 400 lb per rolling 12-month period emissions limit on formaldehyde usage, and the feasibility and cost associated with using compliant coatings to achieve the limit on formaldehyde usage.
The proposed emission limit is being developed primarily under CAA section 112(f)(2), and has a 2-year compliance date for existing sources pursuant to CAA section 112(f)(4). We are soliciting comment on whether the proposed formaldehyde emission limit should be issued under CAA section 112(d)(6). Standards developed under section 112(d)(6) would provide up to a three year compliance date for existing sources. We recognize that affected sources may need time to ensure that compliant coatings are available for their wood furniture manufacturing operations.
In accordance with the approach established in the Benzene NESHAP, EPA weighed all health risk measures and information considered in the risk acceptability determination, along with the costs and economic impacts of emissions controls, technological feasibility, uncertainties, and other relevant factors, in making our ample margin of safety determination. We considered all of these factors in our ample margin of safety decision, and concluded that the costs of the add-on control options analyzed are not reasonable considering the emissions reductions and health benefits potentially achievable with the controls. However, as discussed above, we believe it is feasible for facilities to limit formaldehyde use to less than 400 pounds per rolling 12 month period by using no- or low-formaldehyde coatings and adhesives. This limit on formaldehyde use will also result in reduced emissions. As a result, we propose to establish a usage limit of 400 pounds per rolling 12 month period for formaldehyde under section 112(f) of the CAA.
We chose this level (of 400 pounds per rolling 12 month period) as the proposed usage limit since it is currently used in the MACT standard and since limiting emissions to this level will lead to reductions in cancer risks and the potential for acute non-cancer risks of concern. This limit would reduce formaldehyde emissions by an estimated 9.46 TPY from the baseline level of 20.125 TPY. The estimated maximum lifetime individual cancer risk would be reduced to approximately 10-in-1 million from the baseline of 20-in-1 million, the estimated cancer incidence due to emissions from the source category would be reduced by about 15 percent nationwide, and the estimated maximum acute HQ would be reduced
While we propose that the Wood Furniture Manufacturing Operations MACT standards, revised to include the 400 pounds per rolling 12-month period formaldehyde emissions limit, will provide an ample margin of safety to protect public health, uncertainties remain concerning that an acute HQ of up to 10 may occur due to emissions of glycol ethers based on our screening level assessment. The potential risk reduction options identified would not appreciably reduce emissions or the potential acute risks associated with glycol ethers. Therefore, we are seeking comments and data regarding the use of glycol ethers in wood furniture manufacturing operations. This information includes the quantities of coatings and adhesives used (TPY); the speciated glycol ethers content in these products; whether the use of these products is in the kitchen cabinet, business furniture, or home furnishings sector; and the availability and feasibility of using coatings and adhesive products with a lower content of glycol ethers.
We evaluated developments in practices, processes, and control technologies applicable to the Wood Furniture Manufacturing Operations source category. This included an internet search, a search of the RBLC Clearinghouse, a review of relevant subsequently developed regulations, and contacts with industry. We found one advance in add-on control technology since the Wood Furniture Manufacturing Operations MACT standards were promulgated, we have determined that there are more stringent VOC-based coatings limits for wood furniture manufacturing facilities in one area of California, and we have found that fewer conventional spray guns are in use. For more detail, see the memorandum
With regard to add-on technology, we identified one facility in Indiana that manufactures kitchen cabinets and uses an RTO to control spray booth emissions from its wood furniture manufacturing operations. The facility coats flat panels using an automated process with high speed lines. We estimate cost-effectiveness of the RTO system at this facility to be $20,000 per ton of HAP reduced.
Nationwide, we estimate that fewer than five facilities manufacture wood furniture using automated, high speed lines, and could install this type of add-on control device. Therefore, the RTO control technology is not applicable across the entire wood furniture source category. The estimated emissions reduction, based on these five facilities, is 98 tons of HAP per year. The cost to treat low-HAP concentration, high volume air streams routed to the RTO is estimated to be $20,000 per ton of HAP reduced, and is considered economically prohibitive when compared to the amount of emissions reduced. Based on per facility sales, we determined that this option is not affordable. The cost as a percentage of revenues was estimated to be 73 percent or greater. Additional information on the affordability of controls is discussed in the memorandum
In our review of developments in practices, processes, and control technologies, we identified the Bay Area Air Quality Management District in California as having adopted more stringent VOC coating emission limits than the VHAP coating emission limits in the Wood Furniture MACT standards. However, the California limits came into effect in July 2010, and we do not have data to demonstrate whether the facilities in this area have been able to achieve compliance with these limits or the measures they may be taking to comply with them. The California limits are VOC-based, and coating limits in the Wood Furniture MACT standard are VHAP-based. We do not have information on the exact correlation between lower-VOC content and lower-HAP content in coatings (
When the Wood Furniture MACT standards were promulgated, conventional guns were used extensively by industry. Since promulgation, the use of conventional guns in the wood furniture industry has diminished drastically, and they are now rarely used. We are proposing to remove the provision in the Wood Furniture MACT standards that allows the use of conventional air spray guns; thereby codifying current industry practice. This proposed action will prevent future increases in the use of conventional spray guns, which have lower transfer efficiencies and higher emissions than other spray gun types. Based on our findings, it is possible to replace conventional air spraying with more efficient spray application methods such as air assisted airless spraying. We anticipate no changes in coating formulation will be needed to use air assisted airless spray guns rather than conventional spray guns. As conventional spray guns are now rarely used, we do not estimate there will be any appreciable emission reductions as a result of this proposed provision. For more details, see
The associated cost of discontinuing use of conventional air spray guns is believed to be minimal. Overall, we do not believe many conventional guns are in use and need to be replaced. However, for the remaining conventional spray guns, we also estimate there to be a net cost savings by switching to air assisted airless spray guns. While an air assisted airless spray gun is estimated to cost approximately $300 more than a conventional spray gun, the 10 percent increase in transfer efficiency results in an equally lower coating use and cost savings. We estimate that for a single spray gun, if the coating cost is $10/gallon and the rate of coating use is at least 1.1 gallons per day, the initial cost difference between the guns is made up within a year. For more expensive coatings, the cost difference is made up more quickly. In addition, the expected life of a conventional spray gun is estimated to be, at most, 2 years. The compliance period of the rule is three years; therefore, no air assisted airless guns would be required to replace a conventional spray gun before the end of its useful life as a result of the revised Wood Furniture MACT standards. For more details,
In summary, as a result of the technology review under section 112(d)(6) of the CAA, we are proposing to prohibit the use of conventional spray guns by facilities regulated by the Wood Furniture Manufacturing Operations MACT standard. Existing sources would be required to comply with this proposed change by 3 years after the effective date.
We are proposing the elimination of the SSM exemption in the Wood Furniture Manufacturing Operations MACT standards. Consistent with
For the Shipbuilding and Ship Repair (Surface Coating) source category, we have determined that there have been no developments in practices, processes, or control technologies since the promulgation of the MACT standards that are feasible for the facilities in these source categories to implement at this time, and we are proposing that it is not necessary to revise the existing MACT requirements based on our CAA section 112(d)(6) review.
For the Wood Furniture Manufacturing Operations source category, we are proposing to amend the rule to prohibit the use of conventional spray guns under the authority of CAA section 112(d)(6).
For the Shipbuilding and Ship Repair (Surface Coating) source category, we propose that the MACT standards provide an ample margin of safety to protect public health and prevent adverse environmental effects. Thus, we are proposing to re-adopt these
For the Wood Furniture Manufacturing Operations source category, to provide an ample margin of safety to protect public health and prevent adverse environmental effects for the purpose of meeting the requirements of CAA section 112(f)(2), we propose to limit usage of formaldehyde in coatings and contact adhesives to 400 pounds per rolling 12 month period.
Existing sources would be required to comply with this proposed change by 2 years after the effective date.
We propose to amend the Shipbuilding and Ship Repair (Surface Coating) and Wood Furniture Manufacturing Operations MACT standards to remove the language that exempts facilities from the emissions standards that would otherwise be applicable during periods of SSM, and to add an affirmative defense to civil penalties for exceedances of emission standards caused by malfunctions. These changes are being made to ensure these rules are consistent with the court's ruling in
We also propose to clarify the applicability language for Wood Furniture Manufacturing Operations to be consistent with surface coating rules issued after the promulgation of the Wood Furniture MACT standards in 1995. These include subparts MMMM, PPPP, QQQQ, and RRRR of part 63. Subparts MMMM, PPPP, QQQQ, and RRRR exempt surface coating operations that are subject to other subparts of Part 63, such as the Wood Furniture Operations MACT standards. (
We are soliciting comments on all aspects of this proposed action. All comments received during the comment period will be considered. In addition to general comments on the proposed actions, we are also interested in any additional data that may help to reduce the uncertainties inherent in the risk assessments. We are specifically interested in receiving corrections to the datasets used for risk modeling. Such data should include supporting documentation in sufficient detail to allow characterization of the quality and representativeness of the data or information. Please see the following section for more information on submitting data. We are also interested in comments and information regarding add-on controls and any lower-HAP coatings available for use by these source categories and the types of coating activities for which they could be used. We are also seeking comments on the potential for lower HAP content in other products used in the Wood Furniture Production industry, including glues, resins and adhesives.
The facility-specific data used in the source category risk analyses, facility-wide analyses, and demographic analyses for each source category subject to this action are available for download on the RTR Web Page at
If you believe the data are not representative or are inaccurate, please identify the data in question, provide your reason for concern, and provide any “improved” data that you have, if available. When you submit data, we request that you provide documentation of the basis for the revised values to support your suggested changes. To submit comments on the data downloaded from the RTR Web page, complete the following steps:
1. Within this downloaded file, enter suggested revisions to the data fields appropriate for that information. The data fields that may be revised include the following:
2. Fill in the commenter information fields for each suggested revision (
3. Gather documentation for any suggested emissions revisions (
4. Send the entire downloaded file with suggested revisions in Microsoft® Access format and all accompanying documentation to Docket ID Number EPA–HQ–OAR–2010–0786 (through one of the methods described in the
5. If you are providing comments on a facility with multiple source categories, you need only submit one file for that facility, which should contain all suggested changes for all source categories at that facility. We request that all data revision comments be submitted in the form of updated Microsoft® Access files, which are provided on the
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a significant regulatory action because it raises novel legal and policy issues. Accordingly, EPA submitted this action to OMB for review under Executive Order 12866 and any changes made in response to OMB recommendations have been documented in the docket for this action.
The information collection requirements in this proposed rule have been submitted for approval to OMB under the
The proposed revisions to the SSM provisions for the standards being amended with this proposed rule will reduce the reporting burden associated with having to prepare and submit a SSM report. However, we are proposing new paperwork requirements to the Wood Furniture Manufacturing Operations MACT standards. The proposed standards would require regulated entities to submit reports and keep records in accordance with Section V.B. We are not proposing any new paperwork requirements for the Shipbuilding and Ship Repair (Surface Coating) source category.
We estimate that there are approximately 406 regulated entities currently subject to the National Emission Standards for Wood Furniture Manufacturing Operations and that approximately 150 of those entities will be subject to the proposed rule involving the 12-month rolling average formaldehyde limit. New and existing regulated entities would have no capital costs associated with the information collection requirements in the proposed rule.
The estimated annual average recordkeeping and reporting burden after the effective date of the proposed rule is estimated to be 2,001 labor hours at a cost of approximately $200,000.00. This estimate includes the cost of reporting, including reading instructions, and information gathering. Recordkeeping cost estimates include reading instructions, planning activities, calculation of formaldehyde usage, and maintenance of 12-month rolling data. The average hours and cost per regulated entity would be 15 hours and $1,400.00. About 406 facilities would respond per year. Burden is defined at 5 CFR 1320.3(b).
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 in 40 CFR are listed in 40 CFR part 9.
To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, EPA has established a public docket for this rule, which includes this ICR, under Docket ID number EPA–HQ–OAR–2010. Submit any comments related to the ICR to EPA and OMB.
The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the APA or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this proposed rule on small entities, small entity is defined as: (1) A small business that is a small industrial entity as defined by the SBA's regulations at 13 CFR 121.201; (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 impacts of this proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The costs associated with the proposed requirements in this proposed rule (
We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.
This proposed rule does not contain a federal mandate that may result in expenditures of $100 million or more for state, local, and tribal governments, in the aggregate, or to the private sector in any one year. This proposed rule does mandate a lowering of formaldehyde usage and a ban on the use of conventional spray guns but the nationwide annualized cost of these mandates are estimated to be approximately $200,000 for affected sources. Thus, this proposed rule is not subject to the requirements of sections 202 or 205 of UMRA.
This proposed rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments because it contains no requirements that apply to such governments nor does it impose obligations upon them.
This proposed 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. The burden to the respondents and the states is less than $500,000 for the entire source category. Thus, Executive Order 13132 does not apply to this proposed rule.
In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and state and local governments, EPA specifically solicits comment on this proposed rule from state and local officials.
Subject to the Executive Order 13175 (65 FR 67249, November 9, 2000) EPA may not issue a regulation that has tribal 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 tribal governments, or EPA consults with tribal officials early in the process of developing the proposed regulation and develops a tribal summary impact statement. EPA has concluded that this proposed rule will not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effect 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. Thus, Executive Order 13175 does not apply to this action.
EPA specifically solicits additional comment on this proposed action from tribal officials.
This proposed rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action would not relax the control measures on existing regulated sources. EPA's risk assessments (included in the docket for this proposed rule) demonstrate that the existing regulations are associated with an acceptable level of risk and that the proposed additional requirements for the Wood Furniture Manufacturing Operations source category will provide an ample margin of safety to protect public health.
This action is not a “significant energy action” as defined under Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001), because it is not likely to have significant adverse effect on the supply, distribution, or use of energy. This action will not create any new requirements for sources in the energy supply, distribution, or use sectors.
Section 12(d) of the NTTAA of 1995, Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use VCS in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (
This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any VCS.
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on EJ. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make EJ part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.
To examine the potential for any EJ issues that might be associated with each source category, we evaluated the distributions of HAP-related cancer and non-cancer risks across different social, demographic, and economic groups within the populations living near the facilities where these source categories are located. The methods used to conduct demographic analyses for this rule are described in section IV.A of the preamble for this rule. The development of demographic analyses to inform the consideration of EJ issues in EPA rulemakings is an evolving science. The EPA offers the demographic analyses in this proposed rulemaking as examples of how such analyses might be developed to inform such consideration, and invites public comment on the approaches used and the interpretations made from the results, with the hope that this will support the refinement and improve utility of such analyses for future rulemakings.
For the demographic analyses, we focused on the populations within 50 km of any facility estimated to have exposures to HAP which result in cancer risks of 1-in-1 million or greater, or non-cancer HI of 1 or greater (based on the emissions of the source category or the facility, respectively). We examined the distributions of those risks across various demographic groups, comparing the percentages of particular demographic groups to the total number of people in those demographic groups nationwide. The results, including other risk metrics, such as average risks for the exposed populations, are documented in source category-specific technical reports in the docket for both source categories covered in this proposal.
As described in the preamble, for the Shipbuilding and Ship Repair (Surface Coating) and Wood Furniture Manufacturing Operations MACT standard source categories, our risk assessments demonstrate that the regulations are associated with an acceptable level of risk and that the proposed additional requirements for the Wood Furniture Manufacturing Operations source category will provide an ample margin of safety to protect public health.
Our analyses also show that, for these source categories, there is no potential for an adverse environmental effect or human health multi-pathway effects, and that acute and chronic non-cancer health impacts are unlikely. EPA has determined that although there may be an existing disparity in HAP risks from these sources between some demographic groups, no demographic group is exposed to an unacceptable level of risk.
Environmental protection, Air pollution control, Reporting and recordkeeping requirements, Volatile organic compounds.
For the reasons stated in the preamble, the Environmental Protection Agency proposes to amend title 40, chapter I of the Code of Federal Regulations as follows:
1. The authority citation for part 63 continues to read as follows:
42 U.S.C. 7401 et seq.
2. Section 63.781 is amended by revising paragraph (d) to read as follows:
(d) If you are authorized in accordance with 40 CFR 63.783(c) to use an add-on control system as an alternative means of limiting emissions from coating operations, in response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be assessed, however, if the respondent fails to meet its burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.
(1) To establish the affirmative defense in any action to enforce such a limit, the owners or operators of facilities must timely meet the notification requirements in paragraph (d)(2) of this section, and must prove by a preponderance of evidence that:
(i) The excess emissions:
(A) Were caused by a sudden, short, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner; and
(B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and
(C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and
(D) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and
(ii) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and
(iii) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; and
(iv) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, severe personal injury, or severe property damage; and
(v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; and
(vi) All emissions monitoring and control systems were kept in operation if at all possible; and
(vii) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; and
(viii) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and
(ix) A written root cause analysis has been prepared to determine, correct and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction.
(2) Notification. The owner or operator of the facility experiencing an exceedance of its emission limit(s) during a malfunction shall notify the Administrator by telephone or facsimile transmission as soon as possible, but no later than two business days after the initial occurrence of the malfunction, if it wishes to avail itself of an affirmative defense to civil penalties for that malfunction. The owner or operator seeking to assert an affirmative defense shall also submit a written report to the Administrator within 30 days of the initial occurrence of the exceedance of the standard in this subpart to demonstrate, with all necessary supporting documentation, that it has met the requirements set forth in paragraph (d)(1) of this section.
3. Section 63.782 is amended by adding a definition for “affirmative defense” to read as follows:
4. Section 63.783 is amended by redesignating paragraphs (b)(1) and (b)(2) as (b)(2) and (b)(3) and adding a new paragraph (b)(1) to read as follows:
(b) * * *
(1) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.
5. Section 63.785 is amended by adding paragraph (e) to read as follows:
(e) Continuous compliance requirements. You must demonstrate continuous compliance with the emissions standards and operating limits by using the performance test methods and procedures in § 63.786 for each affected source.
(1)
(ii) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating, and periods of malfunction. Any period for which data collection is required and the operation of the CEMS is not otherwise exempt and for which the monitoring system is out-of-control and data are not available for required calculations constitutes a deviation from the monitoring requirements.
(iii) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator must use all the data collected during all other periods in assessing the operation of the control device and associated control system.
(2) [Reserved]
6. Section 63.786 is amended by adding paragraph (e) to read as follows:
(e) For add-on control systems approved for use in limiting emissions from coating operations pursuant to § 63.783(c), performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
7. Section 63.788 is amended by adding paragraph (b)(5) and revising paragraph (c) to read as follows:
(b) * * *
(5) Each owner or operator that receives approval pursuant to § 63.783(c) to use an add-on control system to control coating emissions shall maintain records of the occurrence and duration of each malfunction of operation (
(c)
8. Table 1 to subpart II of part 63 is amended:
a. By removing entry 63.6(e)–(f);
b. By adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii); 63.6(e)(2), 63.6(e)(3), 63.6(f)(1), and 63.6(f)(2)–(f)(3);
c. By removing entry 63.7;
d. By adding entries 63.7(a)–(d), 63.7(e)(1), and 63.7(e)(2)–(e)(4);
e. By revising entry 63.8;
f. By removing entry 63.10(a)–(b);
g. By adding entries 63.10(a), 63.10(b)(1), 63.10(b)(2)(i), 63.10(b)(2)(ii), 63.10(b)(2)(iii), 63.10(b)(2)(iv)–(b)(2)(v), 63.10(b)(2)(vi)–(b)(2)(xiv), and 63.10(b)(3);
h. By removing entries 63.10(c);
i. By adding entries 63.10(c)(1)–(9), 63.10(c)(10)–(11), 63.10(c)(12)–(14), and 63.10(c)(15);
j. By removing entry 63.10(d); and
k. By adding entries 63.10(d)(1)–(4) and 63.10(d)(5).
The revisions read as follows:
9. Table 3 to subpart II of part 63 is amended by revising entry “Determination of whether containers meet the standards described in § 63.783(b)(2)” to read as follows:
10. Section 63.800 is amended:
a. By redesignating paragraphs (f) and (g) as paragraphs (h) and (i);
b. By redesignating paragraphs (d) and (e) as paragraphs (e) and (f);
c. By adding new paragraphs (d) and (g); and
d. By adding paragraph (j) to read as follows:
(d) This subpart does not apply to any surface coating or coating operation that meets any of the criteria of paragraphs (d)(1) through (4) of this section.
(1) Surface coating of metal parts and products other than metal components of wood furniture that meets the applicability criteria for miscellaneous metal parts and products surface coating (subpart MMMM of this part).
(2) Surface coating of plastic parts and products other than plastic components of wood furniture that meets the applicability criteria for plastic parts and products surface coating (subpart PPPP of this part).
(3) Surface coating of wood building products that meets the applicability criteria for wood building products surface coating (subpart QQQQ of this part). The surface coating of millwork and trim associated with cabinet manufacturing are subject to subpart JJ.
(4) Surface coating of metal furniture that meets the applicability criteria for metal furniture surface coating (subpart RRRR of this part). Surface coating of metal components of wood furniture performed at a wood furniture or wood furniture component manufacturing facility are subject to subpart JJ.
(g) Existing affected sources shall be in compliance with § 63.802(a)(4) no later than [DATE 2 YEARS FROM DATE OF PUBLICATION OF THE FINAL RULE IN THE
(j) If the owner or operator, in accordance with 40 CFR 63.804, uses a control system as a means of limiting emissions, in response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be assessed, however, if the respondent fails to meet its burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief.
(1) To establish the affirmative defense in any action to enforce such a limit, the owner or operator of facilities must timely meet the notification requirements in paragraph (j)(2) of this section, and must prove by a preponderance of evidence that:
(i) The excess emissions:
(A) Were caused by a sudden, short, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner; and
(B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and
(C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and
(D) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and
(ii) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and
(iii) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; and
(iv) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, severe personal injury, or severe property damage; and
(v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; and
(vi) All emissions monitoring and control systems were kept in operation if at all possible; and
(vii) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; and
(viii) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and
(ix) A written root cause analysis has been prepared to determine, correct and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction.
(2)
11. Section 63.801 is amended by:
a. Adding a definition for “affirmative defense” and revising the definition for “wood furniture” in paragraph (a); and
b. Adding (b)(24) through (b)(28).
The additions and revisions read as follows:
(a) * * *
(b) * * *
(24) C
(25) F
(26) G
(27) V
(28) V
12. Section 63.802 is amended by adding paragraphs (a)(4), (b)(4), and (c) to read as follows:
(a) * * *
(4) Limit total formaldehyde (F
(b) * * *
(4) Limit total formaldehyde (F
(c) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source.
13. Section 63.803 is amended by revising paragraph (h) to read as follows:
(h) Application equipment requirements. Each owner or operator of an affected source shall not use conventional air spray guns.
14. Section 63.804 is amended by adding paragraphs (g)(9) and (h) to read as follows:
(g) * * *
(9) Continuous compliance requirements. You must demonstrate continuous compliance with the emissions standards and operating limits by using the performance test methods and procedures in § 63.805 for each affected source.
(i)
(B) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating and periods of malfunction. Any period for which data collection is required and the operation of the CEMS is not otherwise exempt and 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 system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator must use all the data collected during all other periods in assessing the operation of the control device and associated control system.
(ii) [Reserved]
(h) The owner or operator of an existing or new affected source subject to § 63.802(a)(4) or (b)(4) shall comply with those provisions by using either of the methods presented in § 63.804(h)(1) and (2).
(1) Calculate total formaldehyde emissions from all finishing materials and contact adhesives used at the facility using Equation 5 and maintain a value of F
F
(2) Use a control system with an overall control efficiency (R) such that the calculated value of F
F
15. Section 63.805 is amended by adding paragraph (a)(1) to read as follows:
(a)(1) * * *
(2) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.
16. Section 63.806 is amended by removing and reserving paragraph (e)(4)
(b) * * *
(4) The formaldehyde content, in lb/gal, as applied, of each finishing material and contact adhesive subject to the emission limits in § 63.802.
(k) The owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation (
17. Section 63.807 is amended by revising paragraphs (c) introductory text and (c)(3) and the first sentence in paragraph (d) to read as follows:
(c) The owner or operator of an affected source demonstrating compliance in accordance with § 63.804(g)(1), (2), (3), (5), (7), (8), and (h)(1) shall submit a report covering the previous six months of wood furniture manufacturing operations.
(3) The semiannual reports shall include the information required by § 63.804(g) (1), (2), (3), (5), (7), (8), and (h)(1), a statement of whether the affected source was in compliance or noncompliance, and, if the affected source was in noncompliance, the measures taken to bring the affected source into compliance. If there was a malfunction during the reporting period, the report shall also include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.802(c), including actions taken to correct a malfunction.
(d) The owner or operator of an affected source demonstrating compliance in accordance with § 63.804(g)(4), (6), and (h)(2) of this subpart shall submit the excess emissions and continuous monitoring system performance report and summary report required by § 63.10(e) of subpart A. * * *
18. Table 1 to Subpart JJ of part 63 is amended:
a. By removing entry 63.6(e)(1);
b. By adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii);
c. By revising entries 63.6(e)(2) and (3);
d. By removing entries 63.7 and 63.8;
e. By adding entries 63.7(a)–(d), 63.7(e)(1), 63.7(e)(2)–(e)(4), 63.8(a)–(b), 63.8(c)(1)(i), 63.8(c)(1)(ii), 63.8(c)(1)(iii), 63.8(c)(2)–(d)(2), 63.8(d)(3), and 63.8(e)–(f);
f. By removing entry 63.10(b)(2);
g. By adding entries 63.10(b)(2)(i), 63.10(b)(2)(ii), 63.10(b)(2)(iii), 63.10(b)(2)(iv)–(b)(2)(v), 63.10(b)(2)(vi)–(b)(2)(xiv);
h. By removing entry 63.10(c);
i. By adding entries 63.10(c)(1)–(9), 63.10(c)(10)–(11), 63.10(c)(12)–(c)(14), and 63.10(c)(15); and
j. By revising entry 63.10(d)(5).
The revisions read as follows:
19. Table 3 to Subpart JJ of part 63 is amended by adding entry (e) under “Finishing Operations” to read as follows:
20. Table 5 to Subpart JJ of part 63 is amended by removing the entry for “Formaldehyde.”