[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34858-34861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14940]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2010-1042; FRL-9964-89-OAR]
RIN 2060-AT58
National Emission Standards for Hazardous Air Pollutants for Wool
Fiberglass Manufacturing; Flame Attenuation Lines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the national emission standards for hazardous air
pollutants for flame attenuation (FA) lines in the wool fiberglass
manufacturing industry. This direct final rule provides affected
sources a 1-year extension to comply with the emission limits for FA
lines. The EPA can provide sources up to 3 years to comply with
emission limits in the Clean Air Act (CAA) standards. FA lines
initially were given 2 years to comply with the emission limits. This
action will extend the compliance date to the maximum of 3 years while
we conduct our review. This compliance date extension will enable the
EPA to conduct a review of the emission limits for FA lines in light of
recently submitted corrected source emissions data.
DATES: This rule is effective on October 25, 2017, without further
notice, unless the EPA receives significant adverse comment by August
28, 2017, or if a public hearing is requested, by August 3, 2017.
Public Hearing. If requested by August 3, 2017, the EPA will hold a
public hearing to accept oral comments on this action. EPA will publish
a document in the Federal Register announcing the date and location if
a public hearing is requested.
If the EPA receives significant adverse comment, or if a public
hearing is requested, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-1042, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or withdrawn. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
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consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the Web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
To request a hearing, to register to speak at a hearing, or to
inquire if a hearing will be held, please contact Aimee St. Clair at
(919) 541-1063 or by email at [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and
Programs Division (D243-04), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-1103; fax
number: (919) 541-5450; and email address: [email protected].
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. General Information
A. Why is the EPA using a direct final rule?
B. Does this direct final rule apply to me?
C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and do
not anticipate significant adverse comment. However, in the ``Proposed
Rules'' section of this Federal Register, we are publishing a separate
document that will serve as the proposed rule to amend the National
Emission Standards for Hazardous Air Pollutants for Wool Fiberglass
Manufacturing, if the EPA receives significant adverse comments on this
direct final rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.
If the EPA receives significant adverse comment on all or a
distinct portion of this direct final rule, we will publish a timely
withdrawal in the Federal Register informing the public that some or
all of this direct final rule will not take effect. We would address
all public comments in any subsequent final rule based on the proposed
rule. In any subsequent final rule, the EPA will examine whether there
is ``good cause,'' under 5 U.S.C. 553(d)(3), to designate the
publication date of the final rule (based on our parallel proposal) as
the effective date for implementation of the final rule.
B. Does this direct final rule apply to me?
Categories and entities potentially regulated by this direct final
rule include:
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Category NAICS code \1\
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Wool fiberglass manufacturing facilities................ 327993
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\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
direct final rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1380. If you
have questions regarding the applicability of any aspect of this action
to a particular entity, consult either the air permitting authority for
the entity or your EPA Regional representative as listed in 40 CFR
63.13.
C. What should I consider as I prepare my comments for the EPA?
Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information on a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comments that includes information claimed as
CBI, a copy of the comments that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-
OAR-2010-1042.
II. What are the amendments made by this direct final rule?
Under the rule published in 2015 (80 FR 45280, July 29, 2015), the
owner or operator of an FA line subject to the emission limits for
formaldehyde, phenol, and methanol in Table 2 to 40 CFR part 63,
subpart NNN, must demonstrate compliance with the limits by July 31,
2017. This compliance date is 2 years after promulgation of the amended
limits. We note that CAA section 112 allows sources up to 3 years to
comply with emission standards. With this action, we are extending the
compliance date for certain emission limitations by another year so the
EPA can review the emission limitations to address two recent issues
that have come to our attention.
First, in March 2017, Johns-Manville, a company that manufactures
wool fiberglass using the FA process, notified the EPA that the data
they collected in 2011 for the Wool Fiberglass Residual Risk and
Technology Review (RTR) contained errors in the methodology and,
ultimately, the final stack test emissions results submitted to the
EPA. These data were used by the EPA in the development of the current
emission limits for formaldehyde, methanol, and phenol emitted from the
bonding and curing processes on FA lines. Johns-Manville
representatives stated that they did not realize at the time of the
2011 test submittal that the methodology was in error, and it went
undiscovered until
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2017, when the laboratory that conducted the emissions testing informed
the company of the error. Johns-Manville notified the EPA of the
errors, and, with the testing contractor, corrected the errors and
provided revised test results along with newly collected test data for
the FA lines.
Second, Johns-Manville informed the EPA that some of their FA lines
manufacture a product by extruding extremely thin glass fibers at a
very low pull rate through a fiber forming process. This process is
also subject to the FA line limits, which are expressed in pounds of
pollutant per ton of glass pulled. Johns-Manville asked the EPA to
consider alternative emission limits for such processes which would be
equivalent to the pounds per ton limits, but would be expressed as a
concentration (pounds of pollutant per dry standard cubic foot) or as
hourly production (pounds of pollutant per hour).
The EPA is reviewing the new and corrected data submitted by Johns-
Manville, and will determine at a later date what, if any, actions are
appropriate. We plan to propose any actions we believe are appropriate
along with the technology review proposed rulemaking for the rotary
spin lines, which is expected to be promulgated in December 2017.
During the extension to the compliance date, the EPA will review the
corrected emission test data as well as the new test data collected on
low-pull FA lines. Only the compliance date for FA lines is affected by
this action, and no changes to the emission limits, operating limits,
monitoring requirements, or other requirements are being made at this
time.
In any subsequent final rule, if necessary, the EPA intends to
examine whether there is ``good cause,'' under 5 U.S.C. 553(d)(3), to
designate the publication date of the final rule (based on our parallel
proposal) as the effective date for implementation of the final rule.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulation (40 CFR part 63,
subpart NNN) and has assigned OMB control number 2060-0114. This action
does not change the information collection requirements.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
does not create any new requirements or burdens and no costs are
associated with this direct final action.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. There are no wool fiberglass facilities located
on tribal lands. Thus, Executive Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of protection provided to human
health or the environment.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: July 6, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency is amending title 40, chapter I, part 63 of the Code
of Federal Regulations (CFR) as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart NNN--National Emission Standards for Hazardous Air
Pollutants for Wool Fiberglass Manufacturing
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2. Table 2 to Subpart NNN of part 63 is amended by revising entry 12 to
read as follows:
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Table 2 to Subpart NNN of Part 63--Emissions Limits and Compliance Dates
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And you commenced Your emission limits are: And you must
If your source is a: construction: \1\ comply by: \2\
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* * * * * * *
12. Flame-attenuation line On or before November 25, 1.4 lb phenol per ton of July 31, 2018.
manufacturing any product. 2011. glass pulled.
5.6 lb formaldehyde per
ton of glass pulled.
0.50 lb methanol per ton
of glass pulled.
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\1\ The numeric limits do not apply during startup and shutdown.
\2\ Existing sources must demonstrate compliance by the compliance dates specified in this table. New sources
have 180 days after the applicable compliance date to demonstrate compliance.
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[FR Doc. 2017-14940 Filed 7-26-17; 8:45 am]
BILLING CODE 6560-50-P