National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products, 44012-44036 [05-14532]
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Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[OAR–2003–0048; FRL–7947–8]
RIN 2060–AM78
National Emission Standards for
Hazardous Air Pollutants: Plywood and
Composite Wood Products
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; amendments.
AGENCY:
SUMMARY: On July 30, 2004, EPA
promulgated national emission
standards for hazardous air pollutants
(NESHAP) for the plywood and
composite wood products (PCWP)
source category. Stakeholders expressed
concern with some of the final rule
requirements, including definitions; the
emissions testing procedures required
for facilities demonstrating eligibility for
the low-risk subcategory; stack height
calculations to be used in low-risk
subcategory eligibility demonstrations;
and permitting and timing issues
associated with the low-risk subcategory
eligibility demonstrations. In this
action, EPA proposes amendments to
the final PCWP NESHAP to address
these issues and to correct any other
inconsistencies that were discovered
during the review process. This action
also clarifies some common
applicability questions. We are seeking
comment on the provisions of the final
PCWP rule outlined in this action. We
are not requesting comments addressing
other provisions of the final PCWP rule.
DATES: Comments. Comments must be
received on or before September 12,
2005.
Public Hearing. If anyone contacts
EPA requesting to speak at a public
hearing by August 8, 2005, a public
hearing will be held on August 15, 2005.
For further information on the public
hearing and requests to speak, see the
ADDRESSES section of this preamble.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
OAR–2003–0048 (Legacy Docket ID No.
A–98–44) by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Agency Web site: https://
www.epa.gov/edocket. EDOCKET, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Follow the on-line
instructions for submitting comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
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• Mail: Air and Radiation Docket and
Information Center, EPA, Mailcode:
6102T, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460.
• Hand Delivery: Air and Radiation
Docket and Information Center, EPA,
Room B102, 1301 Constitution Avenue,
NW., Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID No. OAR–2003–0048 (Legacy
Docket ID No. A–98–44). EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at https://www.epa.gov/edocket,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
EDOCKET, regulations.gov, or e-mail.
EPA EDOCKET and the Federal
regulations.gov websites are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
EDOCKET or regulations.gov, your
e-mail address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Public Hearing. If a public hearing is
held, it will be held on August 15, 2005
at the EPA facility, Research Triangle
Park, NC or an alternative site nearby.
Persons interested in attending the
hearing or wishing to present oral
testimony should notify Ms. Mary Tom
Kissell at least 2 days in advance of the
public hearing (see FOR FURTHER
INFORMATION CONTACT section of this
preamble). The public hearing will
provide interested parties the
opportunity to present data, views, or
arguments concerning this proposed
rule.
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Docket. EPA has established an
official public docket for today’s
proposed amendments, including both
Docket ID No. OAR–2003–0048 and
Legacy Docket ID No. A–98–44. The
official public docket consists of the
documents specifically referenced in
today’s proposed amendments, any
public comments received, and other
information related to the proposed
amendments. All items may not be
listed under both docket numbers, so
interested parties should inspect both
docket numbers to ensure that they have
received all materials relevant to today’s
proposed amendments. Although listed
in the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Air and Radiation Docket
and Information Center, EPA, Room
B102, 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading
Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number
for the Public Reading Room is (202)
566–1744, and the telephone number for
the Air and Radiation Docket and
Information Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: For
general and technical information, and
questions about the public hearing,
contact Ms. Mary Tom Kissell, Waste
and Chemical Processes Group,
Emission Standards Division, Mailcode:
C439–03, EPA, Research Triangle Park,
NC 27711; telephone number: (919)
541–4516; fax number: (919) 541–0246;
e-mail address: kissell.mary@epa.gov.
SUPPLEMENTARY INFORMATION: The
information presented in this preamble
is organized as follows:
I. General Information
A. Do these proposed amendments apply
to me?
B. How do I submit CBI?
C. How do I obtain a copy of this document
and other related information?
II. Background
III. Summary of the Proposed Amendments
IV. Rationale for the Proposed Amendments
A. Amendments to Subpart DDDD of 40
CFR Part 63
B. Amendments to Appendix B to Subpart
DDDD of 40 CFR Part 63
C. Other Amendments to the Rule
V. Additional Clarifications
A. Integrated Drying Systems Where
Combustion Units That Heat the Dryers
Are Used as Control Devices
B. Applicability of the PCWP Rule to Hot
Pressing of Veneers onto a Substrate
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VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
SIC code a
Category
Industry .............
G. Executive Order 13045: Protection of
Children from Environmental Health &
Safety Risks
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
NAICS code b
44013
I. General Information
A. Do these proposed amendments
apply to me?
Categories and entities potentially
affected by today’s proposed
amendments include:
Examples of regulated entities
2421
2435
2436
2493
321999
321211
321212
321219
2439
321213
Sawmills with lumber kilns.
Hardwood plywood and veneer plants.
Softwood plywood and veneer plants.
Reconstituted wood products plants (particleboard, medium density fiberboard, hardboard,
fiberboard, and oriented strandboard plants).
Structural wood members, not elsewhere classified (engineered wood products plants).
a Standard
b North
Industrial Classification.
American Industrial Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by today’s proposed
amendments. To determine whether
your facility is affected by today’s
proposed amendments, you should
examine the applicability criteria in
§ 63.2231 of the final rule. If you have
questions regarding the applicability of
today’s proposed amendments to a
particular entity, consult Ms. Mary Tom
Kissell listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. How do I submit CBI?
Do not submit this information to EPA
through EDOCKET, regulations.gov, or
e-mail. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI in a disk or CD ROM that
you mail to 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 comment that
includes information claimed as CBI, a
copy of the comment 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.
C. How do I obtain a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of today’s
proposed amendments also will be
available on the World Wide Web
(WWW) through EPA’s Technology
Transfer Network (TTN). Following the
Administrator’s signature, a copy of
these proposed amendments will be
posted on the TTN’s policy and
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guidance page for newly proposed rules
at https://www.epa.gov/ttn/oarpg. The
TTN provides information and
technology exchange in various areas of
air pollution control.
II. Background
On July 30, 2004, we promulgated
NESHAP for Plywood and Composite
Wood Products Manufacturing as
subpart DDDD in 40 CFR part 63 (69 FR
45944). Subpart DDDD contains two
appendices: an alternative procedure for
determining capture efficiency from hot
press enclosures (appendix A to subpart
DDDD of 40 CFR part 63), and
methodology and criteria for
demonstrating that an affected source is
part of the low-risk subcategory of
PCWP manufacturing affected sources
(appendix B to subpart DDDD of 40 CFR
part 63). Today we are proposing
corrections and clarifications to subpart
DDDD and both of the appendices to
subpart DDDD. For subpart DDDD, we
are proposing several changes to ensure
that the rule is implemented as
intended: (1) Amend the sampling
location for coupled control devices; (2)
amend language to clarify rule
applicability during unscheduled
startups and shutdowns; (3) add
language to clarify rule applicability for
affected sources with no process units
subject to compliance options or work
practice requirements; and (4) amend
selected definitions. A minor numbering
error is proposed to be corrected in
appendix A to subpart DDDD. The
majority of the amendments discussed
in today’s action are being proposed for
appendix B to subpart DDDD. We are
proposing amendments to appendix B to
subpart DDDD to reduce the number of
emissions tests required while ensuring
that emissions from all PCWP process
units are considered when
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demonstrating eligibility for the low-risk
subcategory. For emission points that
would still require emission tests, we
are proposing that the emissions tests
may be conducted after the low-risk
demonstration is submitted. We are also
proposing that physical changes
necessary to ensure low risk may be
completed after the low-risk
demonstration is submitted. We are
proposing to clarify the calculation of
average stack height and some timing
issues related to low-risk
demonstrations, including the deadline
for submitting low-risk demonstrations.
Furthermore, we are proposing to
amend subpart A to 40 CFR part 63 and
subpart DDDD of 40 CFR part 63 and
appendix B to subpart DDDD to allow
use of a new hazardous air pollutants
(HAP) test method developed by the
National Council of the Paper Industry
for Air and Stream Improvement
(NCASI).
Following promulgation of the PCWP
rule, the Administrator received a
petition for reconsideration filed by the
Natural Resources Defense Council
(NRDC) and Environmental Integrity
Project (EIP) pursuant to section
307(d)(7)(B) of the Clean Air Act
(CAA).1 The petition requested
1 In addition to the petition for reconsideration,
four petitions for judicial review of the final PCWP
rule were filed with the U.S. Court of Appeals for
the District of Columbia by NRDC and Sierra Club
(No. 04–1323, D.C. Cir.), EIP (No. 04–1235, D.C.
Cir.), Louisiana-Pacific Corporation (No. 04–1328,
D.C. Cir.), and Norbord Incorporated (No. 04–1329,
D.C. Cir.). The four cases have been consolidated.
In addition, the following parties have filed as
interveners: American Forest and Paper Association
(AF&PA), Hood Industries, Scotch Plywood, Coastal
Lumber Company, Composite Panel Association,
APA-The Engineered Wood Association, American
Furniture Manufacturers Association, NRDC, Sierra
Club, and EIP. Finally, the Formaldehyde Council,
Inc. and the State and Territorial Air Pollution
Program Administrators and Association of Local
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reconsideration of nine aspects of the
final rule: (1) Risk assessment
methodology; (2) background pollution
and co-located emission sources; (3)
dose-response value used for
formaldehyde; (4) costs and benefits of
the low-risk subcategory; (5) ecological
risk; (6) legal basis for the risk-based
approach; (7) maximum achievable
control technology (MACT) compliance
date for affected sources previously
qualifying for the low-risk subcategory;
(8) startup, shutdown, and malfunction
(SSM) provisions; and (9) title V
implementation mechanism for the riskbased approach. With the exception of
the petitioners’ issue with the SSM
provisions in subpart DDDD of 40 CFR
part 63, all of the petitioners’ issues
relate to the risk-based approach
adopted in the final rule. The issues
raised in the petition for reconsideration
are broader in scope than the issues
addressed in today’s proposed
amendments. We have published a
separate notice of reconsideration to
initiate rulemaking by requesting
comments on the issues in the petition
for reconsideration, including the full
content of appendix B to subpart DDDD.
We intend to address all comments
received on the notice of
reconsideration and today’s proposed
amendments by the time we finalize the
amendments.
III. Summary of the Proposed
Amendments
Today’s proposed amendments to
subpart DDDD of 40 CFR part 63 and its
appendices are summarized in table 1 of
this preamble.
TABLE 1.—SUMMARY OF THE PROPOSED AMENDMENTS
Citation
Change
§§ 63.2232(b) and 63.2292 .................................
Amend definition of ‘‘affected source’’ to include the combustion unit exhaust streams used to
direct-fire process units.
Amend the rule’s language to clarify the applicability of the compliance options and operating
requirements during unscheduled startups and shutdowns.
Add a section to clarify that process units that are not subject to compliance options or work
practice requirements (e.g., lumber kilns) are excluded from the performance testing, monitoring, SSM plan, recordkeeping, and reporting requirements, except for the initial notification requirements.
Allow testing between a wet control device followed by a HAP control device.
Amend section to correct numbering of cross-referenced paragraphs.
Amend the definition of ‘‘tube dryer’’ to clarify that heat is applied in the dryer to reduce the
moisture content of the wood fibers or particles. Amend the definition of ‘‘plywood and composite wood products manufacturing facility’’ to clarify the products covered by subpart
DDDD. Amend the definition of ‘‘plywood’’ to clarify that plywood products may be curved or
flat. Add definitions of ‘‘molded particleboard’’ and ‘‘engineered wood product.’’
Move the definition of ‘‘direct-fired process unit’’ from section 15 of appendix B to subpart
DDDD to § 63.2292 of subpart DDDD.
Allow NCASI Method ISS/FP–A105.01 for testing of formaldehyde, methanol, and total HAP.
Clarify that measured emissions divided by the capture efficiency provides the emission rate
for unenclosed and uncontrolled presses and board coolers.
Correct misnumbering of sections 10.4 and 10.5.
Amend terminology to refer to ‘‘emission point’’ instead of ‘‘process unit.’’
§ 63.2250(a) ........................................................
§ 63.2252 ............................................................
§ 63.2262(d)(1) ....................................................
§ 63.2269(c) ........................................................
§ 63.2292 ............................................................
§ 63.2292 and Appendix B, section 15 ...............
Table 4, Lines 6–8 ..............................................
Table 4, line 10 and Appendix B, Table 2, line
10.
Appendix A, section 10 .......................................
Appendix B, sections 4(a), 5(a), 6(a) through
(c), and Equations 1 and 2.
Appendix B, section 5(a) and Table 2A .............
Appendix B, section 5(f)(1) .................................
Appendix B, section 5(f)(2) .................................
Appendix B, section 5(i) .....................................
Appendix B, section 5(j) .....................................
Appendix B, section 5(k) ....................................
Appendix B, section 6(a) ....................................
Appendix B, section 6(a) ....................................
Appendix B, sections 6(b), 6(c), 8(b)(1), and
8(b)(3).
Appendix B, section 7(a) ....................................
Appendix B, section 8(a)(3) ................................
Appendix B, section 10(a) ..................................
Appendix B, section 10(c) ..................................
Appendix B, section 11(b) ..................................
Appendix B, section 15 .......................................
Add Table 2A and conforming text specifying which process units must be tested and which
process units may use emission factors or engineering estimates to estimate emissions.
Add reference to NCASI IM/CAN/WP 99.02, EPA Method 18, and NCASI Method ISS/FP–
A105.01.
Allow use of other EPA Method 29 laboratory analysis procedures with detection limits equal
to or lower than atomic absorption spectroscopy (AAS) when claiming zero for non-detect
HAP metals measurements.
Allow use of previous emissions test results (e.g., NCASI IM/CAN/WP 99.01).
Allow only one of multiple similar process units at a plant site to be tested (e.g., one of three
veneer dryers at a plant).
Specify requirements for developing emissions estimates according to Table 2A.
Amend to clarify that section 6(a) applies when emissions estimation or testing is performed.
Add equations for calculation of carcinogen and non-carcinogen weighted-average stack
height.
Amend to clarify that weighted-average stack height calculations must be used.
Amend to correct Web site address
Require submittal of emissions estimate calculations with low-risk demonstrations.
Amend date for existing sources to conduct emissions tests and to submit demonstrations of
eligibility for the low-risk subcategory.
Amend date for new sources to conduct emissions tests and to submit demonstrations of eligibility for the low-risk subcategory.
Amend to clarify that the parameters that defined the affected source as part of the low-risk
subcategory must be submitted for incorporation into its title V permit, as opposed to having
the permit revised before the MACT compliance date.
Add definitions of various process units not defined in subpart DDDD and move definition of
‘‘direct-fired process unit’’ to § 63.2292.
Air Pollution Control Officials (STAPPA/ALAPCO)
are participating in the litigation as amicus curiae.
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TABLE 1.—SUMMARY OF THE PROPOSED AMENDMENTS—Continued
Citation
Change
Appendix B, Table 2 ...........................................
Renumber as Table 2B. Replace footnote 1 related to benzene and acrolein testing with a
footnote noting that direct-fired process units fired with only natural gas or propane are exempt from HAP metals testing.
Allow NCASI Method ISS/FP–A105.01 for testing of acetaldehyde, acrolein, formaldehyde, and
phenol.
Allow use of NCASI IM/CAN/WP 99.02 or EPA Method 18 (40 CFR part 60, appendix A) for
benzene testing.
Change column heading to ‘‘distance to property boundary.’’
Delete footnote regarding units of measure.
Appendix B, Table 2, line 5 ................................
Appendix B, Table 2, line 6 ................................
Appendix B, Table 3 ...........................................
Appendix B, Tables 3 and 4 ...............................
IV. Rationale for the Proposed
Amendments
A. Amendments to Subpart DDDD of 40
CFR Part 63
1. Sampling Location
It is common in the PCWP industry
for multiple add-on control devices to
be used in series (e.g., a wet electrostatic
precipitator (WESP) for control of
particulate matter (PM) followed by a
thermal oxidizer for control of organic
HAP and volatile organic compounds
(VOC)). Some types of PM control
devices have no effect on HAP
emissions, including cyclones,
multiclones, and baghouses. Wet control
devices such as wet scrubbers and
WESP are used primarily for PM control
but may also affect (either positively or
negatively) HAP emissions. The
proposed rule did not specify where
inlet sampling sites should be located
when the HAP control device is
preceded by a wet scrubber or WESP. As
a result of industry comments on the
proposed rule, § 63.2262(d)(1) of the
final PCWP rule requires that, ‘‘* * *
for HAP-altering controls in sequence,
such as a wet control device followed by
a thermal oxidizer, sampling sites must
be located at the functional inlet of the
control sequence (e.g., prior to the wet
control device) and at the outlet of the
control sequence (e.g., thermal oxidizer
outlet) and prior to any releases to the
atmosphere.’’
Following signature of the final rule,
a stakeholder experienced with testing
PCWP process units indicated that some
coupled control systems are configured
such that obtaining representative
emissions measurements at sampling
locations prior to the wet control device
is not possible (e.g., inlet sampling
locations fail to meet the criteria in
Method 1 of 40 CFR part 60, appendix
A). However, representative sampling
could be accomplished at the outlet to
the wet control device and inlet to the
organic HAP control device. For those
situations where coupled control
systems are used to meet a compliance
option that requires inlet sampling, we
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agree that sampling at the inlet of the
HAP control device is sufficient and are
proposing to amend the language in
§ 63.2262(d)(1) to allow this alternative.
2. Definitions
Tube dryer. Unlike in the proposed
PCWP rule, primary tube dryers and
secondary tube dryers are treated as
separate process units in the final rule
as a result of public comments received
on the proposed rule (see 69 FR 45961–
45962, July 30, 2004). Definitions of
primary tube dryer and secondary tube
dryer were added to the final rule to
distinguish between the two types of
tube dryers. The final rule also contains
an associated definition of ‘‘tube dryer,’’
which is the same definition that was
proposed. Following signature of the
final rule, some industry representatives
expressed concern that the definitions
of tube dryer and secondary tube dryer
could be misinterpreted to include
ductwork used to pneumatically transfer
hot wood furnish from a primary tube
dryer to a holding bin, even though no
heat is applied to the furnish as would
occur for a secondary tube dryer. The
promulgated definition indicates that
the tube dryer is ‘‘* * * operated at
elevated temperature and used to reduce
the moisture of wood * * *’’ (which
could occur with hot material passing
though a duct even if no heat is
applied). Given that tube dryers look
like ductwork, we agree that this could
be confusing to permitting authorities.
To prevent misinterpretations and
clarify that heat is applied in the tube
dryer, we are proposing to amend the
definition of ‘‘tube dryer’’ to replace the
words ‘‘operated at elevated
temperature and used’’ with ‘‘operated
by applying heat.’’
Affected source. Following
Administrator signature of the final
PCWP rule, it was brought to our
attention that applicability of the final
PCWP rule and the Industrial/
Commercial/Institutional Boilers and
Process Heaters NESHAP (40 CFR part
63, subpart DDDDD; referred to as the
‘‘Boilers/Process Heaters rule’’
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throughout the remainder of this
preamble) was unclear with respect to
combustion units that direct-fire dryers.
When a combustion unit supplies heat
by directly exhausting combustion gas
through a dryer, we would consider the
dryer to be a ‘‘direct-fired dryer.’’ The
HAP emissions from a direct-fired dryer
are actually a combination of the
emissions from the combustion unit
exhausting into the dryer and the
emissions that result from drying the
wood. Because the final PCWP rule
regulates emissions from direct-fired
dryers, those combustion unit exhaust
streams that direct-fire dryers would not
be subject to the requirements of the
final Boilers/Process Heaters rule.
Section 63.7491(l) of the final Boilers/
Process Heaters rule states that any
boiler or process heater specifically
listed as an affected source in another
standard under 40 CFR part 63 is not
subject to the Boilers/Process Heaters
rule. Confusion has resulted because the
PCWP affected source definition
contains no mention of combustion
units (e.g., boilers or process heaters).
To clarify applicability of the final
PCWP rule, we are proposing to amend
the definition of ‘‘affected source’’ to
clearly state that combustion unit
exhaust streams used to direct-fire
dryers are part of the PCWP affected
source.
Our proposed amendment to the
definition of ‘‘affected source’’
specifically refers to ‘‘any combustion
unit exhaust stream’’ rather than to
individual combustion units. There are
numerous configurations of combustion
units and drying operations in the
PCWP industry including, for example,
suspension burners that are built into
individual dryers and stand-alone
combustion units. Stand-alone
combustion units can have several
exhaust streams including, for example,
exhaust streams that directly fire
multiple dryers and exhaust streams
that provide heat for other uses (e.g.,
indirect heat for a thermal oil heater).
The exhaust streams that directly fire
dryers would be part of the PCWP
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affected source because the combustion
gases come into direct contact with the
wood material, and the dryer exhaust is
a mixture of combustion gases and
process gases. An exhaust stream that
supplies indirect heat for other uses
would be part of the PCWP affected
source if it is eventually routed through
the direct-fired dryers, such that it too
contacts the wood material and becomes
a mixture of combustion gases and
process gases. However, if the indirect
heat exhaust stream does not routinely
pass through the direct-fired dryers,
then this exhaust stream would be
subject to the final Boilers/Process
Heaters rule. Thus, as stated in the
preamble to the final PCWP rule (see 69
FR 45961 and 45963, July 30, 2004),
there are combustion units in the PCWP
industry that can be subject to both the
PCWP and Boilers/Process Heaters final
rules. We refer to ‘‘combustion unit
exhaust stream’’ in our proposed
amendment to clarify that different
exhaust streams must be evaluated
separately to determine applicability of
the PCWP and Boilers/Process Heaters
final rules for those individual exhaust
streams.
Direct-fired process unit. In tandem
with our proposed addition to the
definition of ‘‘affected source,’’ we are
also proposing to move the definition of
‘‘direct-fired process unit’’ from
appendix B to subpart DDDD to
§ 63.2292 of subpart DDDD. Previously,
the definition of ‘‘direct-fired process
unit’’ was only needed in appendix B to
subpart DDDD; however, since the
proposed amendment to the ‘‘affected
source’’ definition refers to direct firing,
the definition of ‘‘direct-fired process
unit’’ would be needed for subpart
DDDD as well. Appendix B to subpart
DDDD references all of the definitions in
§ 63.2292 of subpart DDDD.
Plywood and composite wood
products manufacturing facility.
Following promulgation of the PCWP
rule, we have received questions
regarding applicability of the final
PCWP rule to facilities that manufacture
molded particleboard products. The
promulgated definition of ‘‘plywood
and composite wood products
manufacturing facility’’ has caused
some confusion because it does not
specifically mention molded
particleboard manufacturing. Molded
particleboard is produced by hot
pressing a mixture of wood particles
and resin into a shape (e.g., a pallet,
furniture part, toilet seat, etc.) using a
press mold uniquely designed for the
product. The press molds used for
molded particleboard products are
designed very differently from the
platen or continuous presses used to
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manufacture conventional particleboard
panels. Prior to promulgation, we
determined that MACT for particleboard
press molds is no emission reduction,
and, therefore, there are no
requirements in the final PCWP rule for
these press molds. However, molded
particleboard facilities can operate dry
rotary dryers or green rotary dryers
identical to those operated by
conventional particleboard plants.
Rotary dryers at molded particleboard
manufacturing facilities were included
in the MACT determination for PCWP
dry and green rotary dryers. The final
PCWP rule contains work practice
requirements for dry rotary dryers and
control requirements for green rotary
dryers. In order to ensure that MACT is
applied as intended for these dryers, we
are proposing to amend the definition of
‘‘plywood and composite wood
products manufacturing facility’’ to
include molded particleboard
manufacturing. Note that only those
molded particleboard manufacturers
that are major sources of HAP emissions
are potentially affected by this
clarification to the definition of
‘‘plywood and composite wood
products manufacturing facility.’’
Several other applicability questions
have been raised regarding the
definition of ‘‘plywood and composite
wood products manufacturing facility.’’
As promulgated, a ‘‘plywood and
composite wood products
manufacturing facility’’ is ‘‘a facility
that manufactures plywood and/or
composite wood products by bonding
wood material (fibers, particles, strands,
veneers, etc.) or agricultural fiber,
generally with resin under heat and
pressure, to form a structural panel or
engineered wood product * * *.’’ We
have received several questions about
the applicability of the rule to products
that are neither structural panels nor
engineered wood products. Although
some products that may not be
considered structural panels or
engineered wood products are listed at
the end of the definition of ‘‘plywood
and composite wood products
manufacturing facility’’ (e.g., kiln-dried
lumber), other products that we
intended to cover are not listed in this
definition. The phrase ‘‘structural panel
or engineered wood product’’ was never
intended to be a basis of exclusion from
the source category; instead, it was
intended to summarize the majority of
products made at PCWP manufacturing
facilities. Certain products that typically
would not be considered either
structural panels or engineered wood
products were included in the MACT
floor analysis and are subject to the
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promulgated rule. We propose to clarify
our intent by amending the first
sentence of the definition of ‘‘plywood
and composite wood products
manufacturing facility’’ to cover a wider
variety of products.
Plywood. We also received questions
regarding applicability of the PCWP
final rule to operations where veneer is
glued (with heat and pressure) to form
a curved wood component or onto a
curved wood component rather than a
flat panel. The promulgated definition
of ‘‘plywood’’ is ‘‘* * * a panel
product consisting of layers of wood
veneers hot pressed together with resin.
Plywood includes panel products made
by hot pressing (with resin) veneers to
a substrate such as particleboard,
medium density fiberboard, or lumber.’’
We did not define ‘‘panel product’’ in
the final rule; however, we intended for
the term to be interpreted broadly. We
consider a product manufactured by
hot-pressing veneers together or onto a
substrate with resin to be plywood,
regardless of the curvature of the end
product. We propose to amend the
definition of ‘‘plywood’’ to clarify our
intent. There are no control
requirements or work practice
requirements for plywood pressing
operations in the final PCWP rule.
Therefore, facilities manufacturing
products that meet the definition of
‘‘plywood’’ in the final rule (but have no
other operations subject to the control,
work practice, or operating
requirements in the final PCWP rule)
need only to submit an initial
notification stating that they have no
equipment subject to the rule (as
discussed in the next section of this
preamble).
Molded particleboard. To supplement
our proposed addition of molded
particleboard manufacturing to the
definition of ‘‘plywood and composite
wood products manufacturing facility,’’
we are also proposing to add a
definition of ‘‘molded particleboard’’ to
subpart DDDD of 40 CFR part 63.
Engineered wood products. Following
promulgation of the PCWP rule, we
received several applicability questions
regarding engineered wood products. To
assist stakeholders in determining what
products we consider to be engineered
wood products, we are proposing to add
a definition of ‘‘engineered wood
product’’ to subpart DDDD of 40 CFR
part 63.
3. Affected Sources With No Process
Units Subject to the Compliance
Options or Work Practice Requirements
Following promulgation, we received
several questions regarding applicability
of general recordkeeping and reporting
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requirements for affected sources with
no equipment subject to specific
requirements in the final rule. To clarify
our intent in the final rule, we are
proposing to add to subpart DDDD of 40
CFR part 63 a new section 63.2252,
entitled ‘‘What are the requirements for
process units that have no control or
work practice requirements?’’ The
proposed section states that you are not
required to comply with the compliance
options, work practice requirements,
performance testing, monitoring, SSM
plans, and recordkeeping or reporting
requirements of this subpart, or any
other requirements in subpart A of this
part, except for the initial notification
requirements in § 63.9(b), for process
units not subject to the compliance
options or work practice requirements
specified in § 63.2240. Thus, affected
sources without process units subject to
the compliance options or work practice
requirements (for example, lumber
kilns, glue-laminated beams, or wood Ijoists) would not be subject to the
performance testing requirements,
monitoring requirements, SSM plan
requirements, and recordkeeping or
reporting requirements of subpart
DDDD, or any other requirements in
subpart A of 40 CFR part 63. The
proposed amendment is appropriate
because no reports other than the initial
notification would apply to these
process units. The SSM plan is not
necessary or required for process units
not subject to specific requirements of
the final rule because § 63.6(e)(3) of
subpart A of this part requires an
affected source to develop an SSM plan
for process units subject to and control
equipment used to comply with the
relevant standard. The final PCWP rule
was not intended to require anything
other than the initial notification for
process units not subject to the
compliance options or work practice
requirements.
4. Incorporation by Reference of NCASI
Test Methods
With today’s action, we are proposing
to amend 40 CFR 63.14 by revising
paragraph (f) to incorporate by reference
one test method developed by the
NCASI, pending review by EPA: Method
ISS/FP–A105.01, Impinger Source
Sampling Method for Selected
Aldehydes, Ketones, and Polar
Compounds. The method is available
from the NCASI, Methods Manual, P.O.
Box 133318, Research Triangle Park, NC
27709–3318 or at https://www.ncasi.org.
It is also available from the docket for
the proposed amendments (Docket ID
No. OAR–2003–0048).
The NCASI Method ISS/FP–A105.01
was developed as an additional test
method for measuring total HAP that
may be used for high-moisture sources.
The NCASI Method ISS/FP–A105.01 is
not appropriate for measurement of
benzene. In today’s proposed
amendments, NCASI Method ISS/FP–
A105.01, which is a self-validating
method, would be allowed, pending our
review, as an alternative to:
• EPA Method 320, Measurement of
Vapor Phase Organic and Inorganic
Emission by Extractive FTIR, for
measuring methanol, formaldehyde,
acetaldehyde, acrolein, phenol or total
HAP;
• EPA Method 0011, Sampling for
Selected Aldehyde and Ketone
44017
Emissions from Stationary Sources, for
measuring formaldehyde;
• EPA Method 316, Sampling and
Analysis for Formaldehyde Emissions
from Stationary Sources in the Mineral
Wool and Wool Fiberglass Industries,
for measuring formaldehyde;
• EPA Method 308, Procedure for
Determination of Methanol Emission
from Stationary Sources, for measuring
methanol;
• NCASI Method CI/WP–98.01,
Chilled Impinger Method for Use at
Wood Products Mills to Measure
Formaldehyde, Methanol, and Phenol,
for measuring formaldehyde or
methanol; and
• NCASI Method IM/CAN/WP–99.02,
Impinger/Canister Source Sampling
Method for Selected HAPs at Wood
Products Facilities, for measuring
methanol, formaldehyde, acetaldehyde,
acrolein, phenol or total HAP.
B. Amendments to Appendix B to
Subpart DDDD of 40 CFR Part 63
1. Addition of Emissions Estimation
Procedures
Appendix B to subpart DDDD
provides the methodology and criteria
for demonstrating that your affected
source is part of the low-risk
subcategory of PCWP manufacturing
facilities. As promulgated, appendix B
to subpart DDDD requires emissions
testing of all PCWP process units for up
to 13 HAP. Table 2 of this preamble
summarizes the process units that must
be tested for each HAP and the
emissions test methods specified in
appendix B to subpart DDDD, as
promulgated, for each HAP.
TABLE 2.—EMISSIONS TEST METHODS SPECIFIED IN APPENDIX B TO SUBPART DDDD, AS PROMULGATED
HAP
Process units
Specified test method(s)
Acetaldehyde, acrolein, formaldehyde, phenol ..
All process units ...............................................
Benzene .............................................................
Methylene diphenyl diisocyanate (MDI) .............
All process units ...............................................
Presses that process board containing MDI
resin.
Direct-fired process units .................................
NCASI IM/CAN/WP–99.02 or EPA Method
320 or ASTM D6348–03.
EPA Method 320 or ASTM D6348–03.
EPA Method 320 or Conditional Test Method
031.
EPA Method 29.
Arsenic, beryllium, cadmium, chromium, lead,
nickel, manganese.
Notes: EPA Method 320 is located in 40 CFR part 63, appendix A. EPA Method 29 is located in 40 CFR part 60, appendix A. The NCASI IM/
CAN/WP–99.02 and ASTM D6348–03 were incorporated by reference (see 40 CFR 63.14) and Conditional Test Method 031 is posted at https://
www.epa.gov/ttn/emc/ctm.html.
Following promulgation, stakeholders
commented that emissions testing is not
feasible or necessary for every process
unit. The stakeholders claimed that
many PCWP process units are not
configured for emissions testing and
that testing of every type of PCWP
process unit (especially those with
insignificant emissions) is not necessary
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to ensure an accurate assessment of risk.
In addition, the stakeholders stated that
requiring emissions testing for acrolein
and benzene from all PCWP process
units is not justified by the available
data, which show that emissions of
acrolein and benzene are frequently not
detected in the exhausts from many
types of PCWP process units. The
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stakeholders also requested that HAP
metals emissions testing be limited to
those direct-fired process units that fire
fuels other than natural gas and that fuel
analysis be allowed as an alternative to
HAP metals emissions testing.
Selection of Process Units to be
Included in Low-risk Demonstration.
EPA has determined that every process
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unit with potentially significant
emissions, including very small
emission sources, must be included in
the low-risk demonstration because the
low-risk demonstration is based on the
cumulative risk from the process units
within the PWCP affected source.
Generally, this means that EPA has
included all process units with any
detectable emissions. However, we
wanted to determine if costs could be
lowered without affecting the quality of
the emission estimates. So, we explored
the feasibility of testing each type of
PCWP process unit and available
emissions estimation methods. We must
ensure an accurate emissions
determination for the affected source,
given that the purpose of the low-risk
demonstration is to certify that a PCWP
affected source poses a risk to human
health and the environment less than
the low-risk criteria specified in
appendix B to subpart DDDD 2 and is
eligible to become exempt from MACT
compliance requirements. Therefore, for
purposes of the low-risk demonstration,
we prefer to have emissions test data
over emissions estimates when
emissions test data can be reasonably
obtained.
We believe that it is feasible to
perform emissions testing for the
following types of PCWP process units:
Fiberboard mat dryers (heated and
cooling zones), green rotary dryers,
hardboard ovens, press predryers,
pressurized refiners, primary tube
dryers, secondary tube dryers,
reconstituted wood product board
coolers, reconstituted wood product
presses, softwood veneer dryers (heated
zones), rotary strand dryers, conveyor
strand dryers (all zones), dry rotary
dryers, veneer redryers (heated by
conventional means), hardwood veneer
dryers (heated zones), rotary agricultural
fiber dryers, agricultural fiber board
presses, paddle-type particle dryers,
agricultural fiberboard mat dryers, and
atmospheric refiners. Therefore,
emissions testing would continue to be
required for all of the above listed
process units. Most of the process units
2 To be considered low risk, the PCWP affected
source must meet the following criteria: (1) The
maximum off-site individual lifetime cancer risk at
a location where people live is less than one in one
million for carcinogenic chronic inhalation effects;
(2) every maximum off-site target-organ specific
hazard index (TOSHI) (or, alternatively, an
appropriately site-specific set of hazard indices
based on similar or complementary mechanisms of
action that are reasonably likely to be additive at
low dose or dose-response data for your affected
source’s HAP mixture) at a location where people
live is less than or equal to 1.0 for noncarcinogenic
chronic inhalation effects; and (3) the maximum offsite acute hazard quotients for acrolein and
formaldehyde are less than or equal to 1.0 for
noncarcinogenic acute inhalation effects.
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listed above have control or work
practice requirements under subpart
DDDD.
We believe that emissions testing is
not feasible for the following types of
process units: Fiberboard mat dryers
(fugitive emissions), softwood veneer
dryer (cooling zones and fugitive
emissions), hardwood veneer dryers
(cooling zones), radio-frequency veneer
redryers, softwood plywood presses,
hardwood plywood presses, engineered
wood products presses, humidifiers,
formers, blenders, sanders, saws, fiber
washers, chippers, log vats, lumber
kilns, storage tanks, wastewater
operations, stand-alone digesters, veneer
kilns, particleboard press molds, and
particleboard extruders. Some of these
process units are vented primarily for
dust control and reclaim of process
materials, and their venting systems are
not designed for flow measurement or
measurement of organic gases. Some of
the process units are not vented (i.e., are
fugitive emissions sources) or are only
partially vented. The configuration of
these process units, in terms of how and
if they vent to the atmosphere, varies
significantly from plant to plant. Often,
the emission points from these process
units (where defined emission points
exist) are not configured such that EPA
Method 1 or EPA Method 2 (40 CFR part
60, appendix A) criteria for selection of
sampling ports and measurement of gas
velocity could be met. Emissions data
are available from an extensive
emissions testing program where
testable units in several of the process
unit groups were identified. These
emissions data (along with other
available data collected during NESHAP
development) have been used to
develop emission factors. Almost all of
the test data were reviewed by industry
experts. All the data, except the lumber
kiln data, were reviewed by EPA, were
available for the public to review at
proposal, and were available for public
review during EPA’s AP–42 review
process. (See legacy docket A–98–44,
items titled ‘‘Emission Factor
Documentation for AP–42 Section 10.5,
Plywood Manufacturing,’’ ‘‘Emission
Factor Documentation for AP–42
Section 10.6.3,’’ ‘‘Medium Density
Fiberboard Manufacturing,’’ ‘‘Emission
Factor Documentation for AP–42
Section 10.6.2,’’ ‘‘Particleboard
Manufacturing,’’ ‘‘Emission Factor
Documentation for AP–42 Section
10.6.1,’’ ‘‘Waferboard/Oriented
Strandboard Manufacturing,’’ and
‘‘Documentation of Emission Factor
Development for the Plywood and
Composite Wood Products
Manufacturing NESHAP.’’) In addition,
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the lumber kiln data are now available
in ‘‘Procedures for Determining
Emissions from Plywood and Composite
Wood Products Process Units for LowRisk Demonstrations.’’ Therefore, as
discussed later in this section, we are
proposing to allow that emission factors
be used to estimate emissions from the
hard-to-test process units for purposes
of the PCWP low-risk demonstrations.
Other emissions estimation methods
(e.g., engineering estimates) are
proposed to be allowed for hard-to-test
process units for which no emission
factors are available.
Based on the available data, three
types of process units (miscellaneous
coating operations, softwood veneer
dryer fugitive emissions, and log
chipping operations) are hard to test but
do not emit any of the HAP listed in
appendix B to subpart DDDD. Thus,
miscellaneous coating operations,
softwood veneer dryer fugitive
emissions, and log chipping operations
would not need to be considered in the
low-risk demonstration, under the
proposed amendments.
There may be additional ancillary
PCWP process units for which no HAP
data are available (e.g., log storage piles
and material handling operations). Such
processes are likely to be hard to test.
No information is available to conclude
that there are appendix B to 40 CFR part
63 HAP emissions from other PCWP
processes not mentioned elsewhere in
today’s proposed amendments.
Nevertheless, in the event that there
may be an additional HAP emissions
source within the PCWP affected source
that is not listed elsewhere in appendix
B to subpart DDDD, a category of ‘‘other
ancillary processes that emit appendix B
HAP emissions’’ is proposed to be
added to appendix B to subpart DDDD,
and engineering estimates for all of the
appendix B HAP would be allowed for
such processes. We request comment
(and emissions data, if available)
regarding any PCWP emissions sources
not listed in appendix B to subpart
DDDD that are known to emit appendix
B HAP emissions. It is not our intent to
require quantification of emissions for
ancillary processes that do not emit
appendix B HAP. Our intent with the
category of ‘‘other ancillary processes
that emit appendix B HAP emissions’’ is
to capture unique equipment (e.g., a
one-of-a-kind dryer) that could
reasonably be expected to emit
appendix B HAP, but is not otherwise
covered in the process unit definitions
provided in subpart DDDD of 40 CFR
part 63 and appendix B to subpart
DDDD. Therefore, we request comment
on whether it would be appropriate to
include a list of ‘‘insignificant
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activities’’ for purposes of appendix B to
subpart DDDD. We also request
comment on what activities should be
included in such a list. Commenters
may want to refer to a list of proposed
insignificant activities in the docket
which was submitted by AF&PA, titled
‘‘Proposed Categorical Insignificant
Sources.’’
To incorporate emissions estimation
procedures, our proposed amendment to
appendix B to subpart DDDD would add
a table (table 2A to appendix B to
subpart DDDD) that states for each
process unit whether emissions testing
is required or emissions estimation is
allowed for each of the appendix B
HAP. If emissions estimates are allowed,
then the proposed table 2A to appendix
B to subpart DDDD would specify the
emission factor (or other emissions
estimation technique) to be used in
developing the emissions estimates.
Related text is proposed to be added to
sections 5(a) and 5(k) of appendix B to
subpart DDDD. Section 6(a) of appendix
B to subpart DDDD is also being
amended to clarify that it applies when
emissions estimation or testing is
performed. We are proposing to add
definitions of process units not already
defined in subpart DDDD to section 15
of appendix B to subpart DDDD. In
addition, we are proposing to add text
to section 8(a)(3) of appendix B to
subpart DDDD to specify that emissions
estimate calculations must be submitted
with the low-risk demonstration.
Selection of Emissions Estimation
Procedures. As mentioned previously,
emission factors could be used under
the proposed amendments to estimate
emissions from most of the hard-to-test
process units. To streamline completion
and review of the low-risk
demonstrations, our proposed
amendment to appendix B to subpart
DDDD specifies emission factors that are
to be used in low-risk demonstrations.
We are not proposing to allow facilities
to choose their own emission factors
(from AP–42 or elsewhere) because we
believe we have the most extensive
collection of PCWP HAP emissions data
available and because additional time
would be required for EPA to verify the
emission factors selected for each
process unit. The emission factors
proposed to be included in appendix B
to subpart DDDD are the maximum
emission factors available for each type
of process unit (i.e., the emission factor
resulting from the highest emissions
test). Use of the maximum emission
factor builds conservatism into the
emissions estimates to help account for
unit-to-unit variability and ensures
protection of human health. In addition,
the maximum emission factor is
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available for all process units for which
we have sufficient data. While we
believe the maximum emission factor is
the best statistical approach as
explained above, we request comment
on using other statistical approaches.
Facilities approaching the limits of the
low-risk criteria may refine their
analysis of HAP emitted by
reconfiguring their process unit, if
possible, and conducting emissions
testing.
Estimation of emissions would be
allowed for acetaldehyde, acrolein,
formaldehyde, phenol, and benzene. In
addition, estimation of methylene
diphenyl diisocyanate (MDI) emissions
would be allowed for process units
processing material containing MDI
resin. Except for lumber kilns,
estimation of HAP metals emissions is
not necessary because the hard-to-test
process units are heated by means other
than direct firing (if heated at all). In
some cases, a particular HAP listed on
appendix B to subpart DDD was not
detected in any emissions test run
conducted for a process unit type. We
are proposing that no emissions
estimate be developed for HAP that
have not been detected from a process
unit group because the available
emission factors are based on values
equal to one-half of the method
detection limit (MDL) and are of limited
use. Engineering estimates are proposed
in some cases where all of the data are
non-detect but the available data sets are
small, and it is reasonable to believe
that a particular HAP could be emitted.
In some cases, no applicable emission
factor is available for certain HAP and
process unit combinations where we
expect the HAP could be detected (e.g.,
phenol from oriented strandboard (OSB)
blenders and MDI from MDI blenders).
We are proposing to accept engineering
estimates based on information
available to the facility in cases where
no applicable emission factor is
available for a HAP that may reasonably
be expected to be emitted from a certain
type of process unit.
Our data base of emission factors does
not include emission factors for lumber
kilns. It is difficult to measure emissions
from lumber kilns due to kiln air flow
design, fugitive emissions, and the
lengthy kiln batch cycle (e.g., 24 hours
for softwood kilns, days for hardwood
kilns). Therefore, little emissions test
data are available for use in developing
HAP emission factors for lumber kilns.
Methods for quantifying lumber kiln
flow rates vary from test to test. Most of
the emissions test data that are available
(generally total hydrocarbon (THC) data)
contain calculated flow rates or other
assumptions that bring the validity of
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the data into question. A few tests have
been conducted on both small- and fullscale lumber kilns to determine
emissions of HAP (generally
formaldehyde and methanol). We
reviewed available information on
lumber kiln emissions and selected the
maximum emission factors of HAP
listed in appendix B to subpart DDDD
from the literature. Today, we are
proposing these emission factors for
purposes of estimating lumber kiln
emissions for the low-risk
demonstration. Engineering estimates of
HAP metals emissions are proposed for
direct-fired lumber kilns. While
emissions testing of full-scale lumber
kilns has proven to be very difficult,
studies have shown that testing of
small-scale lumber kilns can be used to
reasonably approximate emissions from
full-scale lumber kilns if representative
lumber samples are dried and the
venting characteristics of the small-scale
kiln mimic those of the full-scale kiln.
Several U.S. universities and private
laboratories operate small-scale kilns.
To approximate emissions from fullscale kilns, a representative sample of
lumber is taken from the full-scale kiln
facility, packaged to prevent moisture
loss, and shipped to the location of the
small-scale kiln where the full-scale
kiln’s drying cycle (e.g., time and
temperatures) is mirrored during
emissions testing. Small-scale kilns are
designed for more accurate air flow
measurement and are less costly to test.
In addition to proposing emission factor
estimates based on the available
information, we request comment on
whether it would be appropriate to
allow facilities to commission emissions
testing at a representative small-scale
lumber kiln for purposes of the low-risk
demonstration. We also request
comment on any standard procedures
for submitting lumber samples and
conducting small-scale kiln emissions
testing that should be incorporated into
or referenced by appendix B to subpart
DDDD. When submitting comments on
standard procedures, please refer to a
document in the docket entitled
‘‘Considerations for a Small-scale Kiln
Emission Testing Program.’’
Emission factors are not available for
PCWP resin storage tanks and PCWP
wastewater/process water operations.
For resin storage tanks, we are
proposing to specify in appendix B to
subpart DDDD that facilities may apply
the maximum emissions estimates
reported in our MACT survey responses
for each tank (depending on the tank
contents). We are proposing to specify
that facilities generate engineering
estimates of appendix B HAP emissions
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from wastewater/process water
operations. Alternatively, we have
developed computer models for
estimating emissions from storage tanks
(TANKS) and wastewater/process water
operations (WATER9). Both models are
available at https://www.epa.gov/ttn/
chief/software/. The
proposed amendments to appendix B to
subpart DDDD allow facilities to use
these models to develop more refined
estimates of emissions from resin
storage tanks and wastewater/process
water operations. We also request
comment on other methods that could
be used in appendix B to subpart DDDD
to quantify emissions from wastewater/
process water operations, such as the
approach outlined in forms VII and VIII
of appendix C to 40 CFR part 63 and
described further with respect to the
PCWP industry in the supporting
information for today’s proposed
amendments.
Application of Emissions Estimation
Procedures. To apply emission factors,
facilities would need the emission factor
(in terms of pounds of HAP per process
unit throughput) supplied in appendix
B to subpart DDDD and their sitespecific process unit throughput. None
of the hard-to-test process units are
equipped with HAP control devices;
therefore, control efficiency is not a
variable in the emission factor estimates
for low-risk demonstrations. Facilities
may also use process unit throughput or
other parameters in their engineering
estimates allowed where emission
factors were not available.
Process unit throughput could be
based on process unit capacity or actual
throughput. Section 11 of appendix B to
subpart DDDD requires facilities to
incorporate parameters that define the
affected source as part of the low-risk
subcategory (including production rate)
as federally enforceable limits in their
title V permits. Furthermore, according
to section 13(a) of appendix B to subpart
DDDD, facilities must certify with their
ongoing title V certifications that the
basis for their low-risk demonstrations
have not changed (including any
process changes that would increase
HAP emissions, such as a production
rate increase). Given these requirements,
we are proposing to allow facilities to
use the process unit throughput that
they wish to incorporate into their title
V permit in their emissions estimates for
the low-risk demonstration. We decided
not to mandate use of process unit
capacity for the emissions estimations
in order to give facilities the flexibility
to choose a federally enforceable permit
limit on their production rate should
they wish to minimize emissions by
limiting production.
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Some PCWP process units have
multiple emissions points of varying
height. For purposes of the low-risk
demonstration, it is necessary to have an
emission rate and emissions release
parameters (e.g., stack height) associated
with each emission point. Thus, we are
proposing that emissions estimates
developed for process units with
multiple emission points be divided
evenly across the emission points. For
example, emissions estimated for a
softwood plywood press with four vents
would be divided by four, with onefourth of the estimated emissions being
assigned to each press vent. We are also
proposing minor changes to the wording
throughout appendix B to subpart
DDDD to clarify that individual
emission points are to be considered
separately.
Acrolein and Benzene Testing
Requirements. As promulgated,
appendix B to subpart DDDD allows a
process unit to be excluded from the
testing requirements for benzene and
acrolein for purposes of the low-risk
demonstration when EPA determines it
will not emit detectable amounts of
benzene or acrolein, respectively (see
footnote 1 to table 2 to appendix B to
subpart DDDD, as promulgated). We
evaluated the available acrolein and
benzene data for those process units that
must be tested for purposes of the lowrisk demonstration (i.e., process units
for which emissions estimation is not
allowed). The results of our review are
included in proposed table 2a to
appendix B to subpart DDDD. Because
our review is complete and the results
available, we are proposing to delete
footnote 1 to table 2 to appendix B to
subpart DDDD.
Determining MDI Emissions. At
promulgation, appendix B to subpart
DDDD specified that MDI emissions
testing need only be conducted for
presses processing board containing
MDI resin. To date, the only MDI
emissions data available is for presses
processing board formed using MDI
resin. However, upon further
consideration of the potential for MDI
emissions, we note that there may be
other, less common process units
processing materials containing MDI
resin. Table 2A, proposed to be added
to appendix B to subpart DDDD,
specifies that emissions testing must be
performed for primary and secondary
tube dryers, reconstituted wood
products presses and board coolers, and
agricultural fiber presses if material
containing MDI resin is processed. We
are proposing to require engineering
estimates of MDI emissions for OSB,
particleboard, and medium density
fiberboard (MDF) blending and forming
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operations, finishing sanders and saws,
and I-joist curing chambers that process
material containing MDI resin. We are
also proposing to require estimates of
MDI emissions from MDI resin storage
tanks.
2. Emission Testing Requirements
Stakeholders noted the resource
burden associated with the emissions
testing requirements in appendix B to
subpart DDDD and suggested several
ways the burden may be reduced
without sacrificing details necessary to
ensure that the low-risk demonstration
is health-protective. As a result of some
of these suggestions, and in addition to
our proposal to allow emissions
estimation procedures for several
process units (discussed previously in
this preamble), we are proposing to
amend some aspects of the emissions
testing requirements in appendix B to
subpart DDDD.
First, stakeholders suggested that only
one of multiple identical dryers at a
facility would need to be tested (e.g.,
only one of three identical veneer
dryers) and that the emissions data from
the dryer tested could be applied to the
other identical dryers. This change
would decrease the number of
emissions tests required without
significantly affecting the quality of the
emissions determination. After
reviewing emissions data gathered at
nearly the same time from multiple
similar PCWP process units at a plant
site, we agree that this approach would
be sufficient for purposes of the PCWP
low-risk demonstration. We are
proposing to amend appendix B to
subpart DDDD to allow application of
test results from one process unit to
other similar process units at the same
plant site, provided that certain
conditions are met. Facilities would be
required to explain how the process
units are similar in terms of design,
function, heating method, raw materials
processed, residence time, change in
material moisture content, operating
temperature, resin type processed, and
any other parameters that may affect
emissions. To account for minor
variations in process parameters,
facilities would be required to explain
and test the process unit that would be
expected to have the greatest emissions
(e.g., the unit with a slightly (5 to 10
percent) higher temperature set point,
dryer processing furnish with slightly
higher inlet moisture content, press
processing thicker panels, process unit
with the greater throughput, etc.). Also,
if the process units have different
throughput rates, then facilities must
convert the emissions test results to
terms of pounds of HAP per unit
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throughput prior to applying the
emissions test data to other similar
process units.
Second, stakeholders requested that
we allow HAP data collected from
previous emissions tests to be used for
purposes of the low-risk demonstration.
Allowing use of previous emissions test
results would decrease the number of
emissions tests required without
significantly affecting the quality of the
emissions determination. Thus, we are
proposing to amend appendix B to
subpart DDDD to allow use of previous
emissions test results, provided that
certain conditions are met. The
emissions tests must have been
conducted using the test methods and
procedures specified in appendix B to
subpart DDDD. Previous emissions test
results obtained using the former NCASI
Method IM/CAN/WP–99.01 are
acceptable. Also, the process units for
which previous emissions test data are
used currently must be operated in the
same manner (e.g., with the same raw
materials, same operating temperature,
etc.) as during the previous emissions
tests, and the process units may not
have been modified such that emissions
would be expected to differ
(notwithstanding normal test-to-test
variability) from the previous emissions
tests.
Third, stakeholders requested that
NCASI Method IM/CAN/WP–99.02 be
listed in appendix B to subpart DDDD
for measurement of benzene as well as
for measurement of acetaldehyde,
acrolein, formaldehyde, and phenol.
Following proposal of the PCWP rule,
commenters requested that we replace
references to NCASI Method IM/CAN/
WP–99.01 in subpart DDDD of 40 CFR
part 63 (for measurement of
acetaldehyde, acrolein, formaldehyde,
methanol, phenol, and
propionaldehyde) with the revised
version of the same method (NCASI
Method IM/CAN/WP–99.02). We
reviewed NCASI Method IM/CAN/WP–
99.02 for applicability with respect to
the six HAP named in subpart DDDD
and concluded that NCASI Method IM/
CAN/WP–99.02 was appropriate for
measurement of these six HAP. Prior to
promulgation, we did not review NCASI
Method IM/CAN/WP–99.02 with
respect to benzene, and, therefore, we
did not list it in appendix B to subpart
DDDD as an applicable method for
measurement of benzene. Upon further
review of the method, we agree that it
is appropriate for measurement of
benzene, and we are proposing to
amend appendix B to subpart DDDD to
allow use of NCASI Method IM/CAN/
WP–99.02 for benzene measurement.
Stakeholders also requested that EPA
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Method 18 (40 CFR part 60, appendix A)
be included in appendix B to subpart
DDDD for benzene measurement, and
they expressed concern about using
Fourier Transform Infrared (FTIR)
spectroscopy for benzene. We agree that
EPA Method 18 is appropriate for
measurement of benzene. We are
proposing to add Method 18 to
appendix B to subpart DDDD. We
request comment on the applicability of
FTIR for measurement of benzene and
the other HAP listed in appendix B to
subpart DDDD. In addition, as stated
previously, we are proposing to
incorporate by reference NCASI Method
ISS/FP–A105.01 (following EPA
approval of the method) into appendix
B to subpart DDDD to provide another
option for measurement of
acetaldehyde, acrolein, formaldehyde,
and phenol.
Fourth, stakeholders recommended
changes to appendix B to subpart DDDD
regarding treatment of nondetect data
gathered using EPA Method 29 (40 CFR
part 60, appendix A). As promulgated,
appendix B to subpart DDDD allows
Method 29 nondetect measurements to
be treated as zero if the samples are
analyzed using atomic absorption
spectroscopy (AAS). Otherwise,
nondetect data for individual HAP must
be treated as one-half of the method
detection limit. Stakeholders pointed
out that laboratory methods other than
AAS can achieve method detection
limits equal to or lower than those
obtained with AAS and requested that
zero be assigned to non-detect
measurements analyzed by these other
laboratory methods. Thus, we are
proposing to amend appendix B to
subpart DDDD to state that zero may be
used for Method 29 non-detect
measurements if the samples are
analyzed using AAS or another
laboratory method specified in Method
29 with detection limits lower than or
equal to the AAS detection limits.
Lastly, stakeholders stated that HAP
metals emissions testing is not
necessary for direct-fired process units
using only natural gas. The vast majority
of PCWP direct-fired process units are
fired with either wood or natural gas. A
small number of PCWP direct-fired
process units are fired with other fuels.
Natural gas, or less commonly, propane,
is often used as a backup or auxiliary
fuel. Although we believe it is possible
that HAP metals emissions could
originate from combustion in direct
wood-fired process units, we agree that
measurable emissions of HAP metals
would not be expected from natural gasfired process units. We also would not
expect measurable HAP metals
emissions from process units direct-
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fired with propane. Therefore, we are
proposing to amend appendix B to
subpart DDDD to exclude process units
direct-fired with only natural gas or
propane from the HAP metals testing
requirements. We would continue to
require HAP metals testing for process
units direct-fired using wood, other
fuels, or a combination of natural gas (or
propane) and wood or other fuels. For
clarity, we are also proposing to add
definitions of ‘‘natural gas’’ and
‘‘propane’’ to appendix B to subpart
DDDD.
Stakeholders further suggested that
we allow a fuel analysis approach
similar to that in the Boilers/Process
Heaters final rule (40 CFR part 63,
subpart DDDDD) as an alternative to
HAP metals testing. The fuel analysis
method described in the Boilers/Process
Heaters final rule allows affected
sources to demonstrate compliance with
the total selected metals (TSM)
emissions limit using fuel analysis if the
90th percentile confidence level of
metals concentration in the fuel is less
than the emissions limit (see 69 FR
55218, September 13, 2004). The
specific requirements for conducting a
fuel analysis are presented in sections
63.7521 and 63.7530(d)(1), (2), and (4)
of the Boilers/Process Heaters final rule.
We request comment on the
appropriateness of providing a fuel
analysis alternative to HAP metals
testing for direct-fired process units that
use fuels other than natural gas and
propane.
3. Calculation of Average Stack Height
The look-up table analysis described
in appendix B to subpart DDDD relies
on calculation of average stack height.
There are some near-ground-level
emission points at PCWP facilities. The
near-ground-level emission points
generally contain small amounts of HAP
as compared to higher-level emission
points. Stakeholders have expressed
concern that inclusion of numerous
near-ground-level emission points in the
average stack height calculation would
unreasonably lower the average stack
height to be used in the look-up tables.
As a result, we are proposing to amend
appendix B to subpart DDDD to
incorporate weighted-average stack
height calculations for use in the
carcinogen and non-carcinogen look-up
tables. We are proposing to add two
equations to section 6(a) of appendix B
to subpart DDDD. The weighted-average
stack heights would be based on the
toxicity-weighted carcinogen emission
rate (TWCER) and toxicity-weighted
non-carcinogen emission rate (TWNER).
Separate weighted-average stack
heights, the carcinogen weighted-
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average stack height (WAHC) and noncarcinogen weighted-average stack
height (WAHN), would be developed for
use in the carcinogen and noncarcinogen look-up tables, respectively.
The weighted-average stack height
would be minimally affected by
emission points with toxicity-weighted
emission rates that are low relative to
the total toxicity-weighted emission rate
at the source. The weighted-average
stack height will usually be higher than
the stack height calculated using a
straight average (as promulgated),
except in unlikely cases where the
higher-emitting sources are closer to the
ground than the lower-emitting sources.
If the higher-emitting sources are closer
to the ground, then the weightedaverage stack height will be lower (i.e.,
more conservative) than a straight
average (as promulgated). We believe
that use of a weighted-average stack
height calculation will result in a more
accurate picture of the potential risk
from an affected source than a straight
average.
4. Permit and Timing Issues
Date for New Sources To Submit Lowrisk Demonstrations. Section 10(c) of
appendix B to subpart DDDD requires
new or reconstructed affected sources to
conduct emissions tests upon initial
startup and to use the results of these
emissions tests to complete and submit
the low-risk demonstration within 180
days following the initial startup date.
While this schedule is appropriate for
new or reconstructed sources starting up
after the effective date, it is not feasible
for new or reconstructed sources
starting up prior to the effective date
because these sources could not have
known what the testing requirements
were for the low-risk demonstration.
Therefore, we are proposing to amend
section 10(c) to state that new or
reconstructed sources must conduct
emissions tests by the effective date or
upon initial startup, whichever is later.
We are also proposing to amend section
10(c) to state that new or reconstructed
sources must submit their low-risk
demonstration within 180 days
following the effective date or initial
startup date, whichever is later.
Date for Existing Sources To Submit
Low-risk Demonstrations. Section 10(a)
of appendix B to subpart DDDD requires
existing sources to complete and submit
their low-risk demonstrations no later
than July 31, 2006. We are proposing to
change the submittal date to April 1,
2007.
We understand that proposing to
extend the deadline for sources to
submit low-risk demonstrations may
have implications for other deadlines
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under the PCWP rule. For example, in
cases where we disapprove a source’s
timely-submitted demonstration, a
source may have little remaining time to
install any controls needed to comply
with MACT. Therefore, we seek
comment on whether to extend the
MACT compliance date by some period
of time such as six months to one year
for sources whose low-risk
demonstrations we disapprove or for all
PCWP sources.
Timing of Title V Permit Revisions. To
become part of the low-risk subcategory,
section 11 of appendix B to subpart
DDDD requires facilities to obtain: (1)
EPA approval of their low-risk
demonstrations, and (2) title V permit
revisions including terms and
conditions reflecting the parameters
used in their approved demonstrations,
according to the schedules in their
applicable 40 CFR part 70 or 40 CFR
part 71 title V permit programs. Unless
and until EPA finds that these criteria
are met, a facility is subject to the
applicable compliance options,
operating requirements, and work
practice requirements in 40 CFR part 63,
subpart DDDD. Thus, low-risk facilities
wishing to avoid MACT applicability
must meet the criteria for becoming part
of the low-risk subcategory before the
MACT compliance date. There has been
some confusion and concern regarding
the timing of the required title V permit
revisions. Stakeholders expressed
concern that some permitting
authorities may be unable to approve
title V permit revisions before the
MACT compliance date. According to
appendix B to subpart DDDD, as
promulgated, low-risk demonstrations
for existing sources are due to EPA 14
months prior to the MACT compliance
date. Facilities would apply for permit
revisions following EPA approval of
their low-risk demonstration, leaving a
year or less for permitting authorities to
approve the permit revision.
In the final appendix B to subpart
DDDD (section 11(b)), we included the
statement ‘‘You must submit an
application for a significant permit
modification to reopen your title V
permit to incorporate such terms and
conditions according to the procedures
and schedules of 40 CFR part 71 or the
EPA-approved program in effect under
40 CFR part 70, as applicable.’’ With
this language, we intended to consider
an application for permit revision
submitted prior to the MACT
compliance date sufficient for meeting
the requirement applicable to the source
to initiate action to revise the title V
permit to incorporate the parameters
that rendered the facility part of the
low-risk subcategory. To clarify that it is
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sufficient to have submitted an
application for a permit revision, we are
proposing to amend section 11(b) of
appendix B to subpart DDDD to state
that the parameters that define your
affected source as part of the low-risk
subcategory must be submitted for
incorporation as federally enforceable
terms and conditions into your title V
permit. We are also retaining the
sentence quoted above from section
11(b) of appendix B to subpart DDDD.
5. Using Preliminary Data in the LowRisk Demonstration
Industry stakeholders requested that
EPA allow facilities to submit low-risk
demonstrations based on proposed
physical changes to emission points. A
facility would not be required to install
controls, make stack modifications, or
make other modifications prior to
approval of the low-risk demonstration.
All changes would have to be completed
for the facility to become part of the
low-risk subcategory. In addition, we
would require facilities to verify that
emissions do not exceed the emission
factor calculations presented in the lowrisk demonstration by conducting
emissions tests. The facility would then
submit documentation to EPA that the
physical changes and emissions tests
were completed. Allowing facilities to
complete physical changes after getting
approval of the low-risk demonstration
would not diminish the accuracy of the
risk assessment. However, it will
provide facilities some assurance that
their low-risk demonstration will be
approved before they embark on costly
equipment reconfiguration, and it will
allow more time to make the changes.
We request comment on this approach.
The industry stakeholders also
requested that for emission points that
require emissions testing, facilities have
the option of using emission factors in
their low-risk demonstrations, pending
subsequent verification. The facility
could choose to submit their low-risk
demonstration earlier than required and
receive feedback on its approvability
from EPA before conducting emissions
tests. The facility would then verify the
results of the low-risk demonstration by
performing emissions tests and
submitting them to EPA for review and
approval no later than the date low-risk
submittals are due and prior to
becoming part of the low-risk
subcategory. Allowing the use of
emission factors in the low-risk
demonstrations would allow facilities
the opportunity to use the alternatives
to emissions testing included in today’s
proposed amendments; save facilities
the cost of emissions testing should
their risk assessment not be approved by
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EPA; and allow facilities more time to
complete emissions testing. If the
emissions tests do not support the lowrisk demonstration, the facility cannot
become part of the low-risk subcategory.
We request comment on this approach.
C. Other Amendments to the Rule
In addition to the proposed changes to
address issues raised by stakeholders,
we are proposing other changes to
clarify requirements and correct errors.
1. Unscheduled Startups and
Shutdowns
Section 63.2250(a) of subpart DDDD,
as promulgated, stated that ‘‘* * * The
compliance options, operating
requirements, and work practice
requirements do not apply during times
when the process unit(s) subject to the
compliance options, operating
requirements, and work practice
requirements are not operating, or
during scheduled startup and shutdown
periods, and during malfunctions. These
startup and shutdown periods must not
exceed the minimum amount of time
necessary for these events.’’ This
language has resulted in confusion
about applicability of the rule
requirements during unscheduled
startup and shutdown periods.
Unscheduled startups and shutdowns
resulting from malfunction events were
always intended to be allowed as part of
the startup, shutdown, and malfunction
plan (SSM plan) (see discussions in
2.8.3.2 and 2.8.3.5 of the ‘‘National
Emission Standards for Hazardous Air
Pollutants for Plywood and Composite
Wood Products Manufacturing—
Background Information for Final
Standards’’). With this proposed
amendment, we are clarifying our intent
that the rule requirements do not apply
during unscheduled startups and
shutdowns covered under the SSM
plan. We are proposing to amend the
language in § 63.2250(a) accordingly.
2. Numbering in Appendix A to Subpart
DDDD
As promulgated, section 10 of
appendix A to subpart DDDD (the tracer
gas method for measuring capture
efficiency) contained two sections
numbered 10.4. We are proposing to
correct this error by renumbering the
second section 10.5.
3. Website Address for ‘‘Air Toxics Risk
Assessment Reference Library’’
As promulgated, section 7(a) of
appendix B to subpart DDDD stated that
the ‘‘Air Toxics Risk Assessment
Reference Library’’ was available from
https://www.epa.gov/ttn/atw. However,
the document is located at a different
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Web site: https://www.epa.gov/ttn/fera/
risk_atra_main.html. We are proposing
to correct the Web site address in
section 7(a) of appendix B to subpart
DDDD.
4. Lookup Table Units of Measure
As promulgated, tables 3 and 4 to
appendix B of subpart DDDD (the
lookup tables for carcinogenic and
noncarcinogenic effects, respectively)
contained footnotes stating the units of
measure to which the values in the
lookup tables were normalized. These
footnotes have been a source of
confusion and are not needed, given
that the units are included in the table
titles. Therefore, we are proposing to
remove the footnotes relating to units of
measure from tables 3 and 4 of appendix
B to subpart DDDD.
5. Lookup Table Reference to ‘‘Property
Boundary’’
As promulgated, table 3 to appendix
B to subpart DDDD referred to the
‘‘distance to nearest residence.’’
However, like table 4 to appendix B to
subpart DDDD, table 3 should refer to
the ‘‘distance to property boundary.’’
We are proposing to correct this error so
that table 3 to appendix B to subpart
DDDD also refers to ‘‘distance to
property boundary.’’
6. Numbering in Section 63.2269(c)
Section 63.2269(c), as promulgated,
stated that for wood moisture
monitoring, ‘‘you must meet the
requirements in paragraphs (a)(1), (2),
(4) and (5) and paragraphs (c)(1) through
(4) of this section.’’ However, section
63.2269(a) has only three paragraphs.
We are proposing to correct this error by
amending section 63.2269(c) so that the
paragraphs in section 63.2269(a) are
referenced correctly and to include
reference to section 63.2269(c)(5).
V. Additional Clarifications
A. Integrated Drying Systems Where
Combustion Units That Heat the Dryers
Are Used as Control Devices
There has been some confusion
regarding applicability of the final
PCWP and Boilers/Process Heaters rules
to integrated drying systems where a
combustion unit provides indirect heat
to the dryers and also serves as the
control device for the dryers. In these
systems, exhaust from a large
combustion unit is used to indirectly
heat ambient air or generate steam (to be
used as heat for the dryers) and to
provide indirect heat for other
operations (e.g., to generate steam or
heat hot oil for the press). After these
indirect heat exchanges, the exhaust
from the combustion unit is emitted to
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the atmosphere through a particulate
control device. The dryer exhaust is
routed to the combustion unit for
emissions control.
The final Boilers/Process Heaters rule
states that any boiler or process heater
specifically listed as an affected source
in another standard under 40 CFR part
63 is not subject to the Boilers/Process
Heaters rule (see section 63.7491(l)).
The Boilers/Process Heaters rule does
not exclude boilers and process heaters
that are used as control devices unless
they are specifically considered part of
another NESHAP’s definition of affected
source. (See 69 FR 55230, September 13,
2004.) We received questions regarding
whether combustion units in integrated
drying systems (described previously in
this section) are part of the PCWP
affected source. The definition of
‘‘affected source’’ in the PCWP final rule
does not mention combustion units
used as control devices. As stated
previously, there are combustion units
that can be part of the PCWP affected
source and also be Boilers/Process
Heaters affected sources. Combustion
units in integrated drying systems (as
described in this section) are part of the
Boilers/Process Heaters affected source
because they meet the definition of
‘‘process heater’’ in the Boilers/Process
Heaters final rule in that they ‘‘* * *
transfer heat indirectly to a process
material (liquid, gas, or solid) or to a
heat transfer material for use in a
process unit * * *’’
B. Applicability of the PCWP Rule to Hot
Pressing of Veneers Onto a Substrate
We received several questions
regarding applicability of the PCWP
final rule to operations where hardwood
or softwood veneer is hot-pressed with
resin onto a substrate (such as lumber,
particleboard, MDF, etc.) to form a panel
product. Such operations may be
located at facilities that are major
sources because they produce other
products (e.g., furniture). The definition
of ‘‘plywood’’ in the final PCWP rule is
as follows: ‘‘Plywood means a panel
product consisting of layers of wood
veneers hot pressed together with resin.
Plywood includes panel products made
by hot pressing (with resin) veneers to
a substrate such as particleboard,
medium density fiberboard, or lumber.’’
Thus, the pressing operation described
above is considered to be plywood
manufacturing according to the
definition of ‘‘plywood.’’ However,
there are no control requirements or
work practice requirements for plywood
pressing operations in the final PCWP
rule. Thus, facilities hot pressing
products that meet the definition of
plywood in the final rule (but have no
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other operations subject to the control,
work practice, or operating
requirements in the final PCWP rule)
need only to submit an initial
notification stating that they have no
equipment subject to the rule (as
discussed earlier in this preamble).
C. Applicability of the PCWP Rule to
Lumber Kilns Drying Utility Poles
As discussed in the preamble to the
final PCWP rule, (69 FR 45948 and
45962) the PCWP affected source
includes lumber kilns located at any
type of facility, regardless of whether
the facility manufactures PCWP. We
determined that MACT for lumber kilns
is no emission reduction. Therefore, the
only requirements in the PCWP final
rule for major source facilities with no
PCWP process units other than lumber
kilns is to submit an initial notification.
Following promulgation of the PCWP
rule, we received questions regarding
applicability of subpart DDDD of 40 CFR
part 63 to lumber kilns used to dry
utility poles. We believe that there may
be a number of facilities that dry utility
poles in lumber kilns, that the
operations are similar to other lumber
kiln operations, and that they are part of
the PCWP affected source. However,
because drying of utility poles in lumber
kilns was not considered prior to
promulgation of the PCWP rule, we
request comment and data to support a
determination of whether the PCWP
rule should include drying of utility
poles in lumber kilns.
Specifically, we request comment on
the physical and operational similarities
and differences in lumber kilns used to
dry sawn lumber and utility poles in
terms of kiln design, wood moisture
content, drying temperatures, and
emissions characteristics. We also
request comment on whether the final
PCWP rule should be amended to
include a definition of ‘‘lumber,’’ to be
used with the definition of ‘‘lumber
kiln’’ in the final rule, and if so,
suggestions for a definition of ‘‘lumber.’’
For example, one broad definition of
lumber could be: ‘‘Lumber’’ means
green (undried) timber sawed or split
into planks or boards, green timber cut
or sanded into wood components, and
green timber processed for use as utility
poles).
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), EPA must
determine whether the regulatory action
is ‘‘significant’’ and, therefore, subject to
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review by the Office of Management and
Budget (OMB) and the requirements of
the Executive Order. The Executive
Order defines a ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlement, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
Pursuant to the terms of Executive
Order 12866, it has been determined
that today’s proposed amendments are a
‘‘significant regulatory action’’ because
they raise novel legal or policy issues.
As such, the proposed amendments
were submitted to OMB for review
under Executive Order 12866. Changes
made in response to OMB suggestions or
recommendations are documented in
the public record (see ADDRESSES
section of this preamble).
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. We are
not proposing any new paperwork (e.g.,
monitoring, reporting, recordkeeping) as
part of today’s notice. With this action
we are seeking additional comments on
some of the provisions finalized in the
July 2004 Federal Register Notice (69
FR 45943). However, OMB has
previously approved the information
collection requirements contained in the
existing regulations (40 CFR part 63)
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.,
and has assigned OMB control number
2060–0552, EPA ICR number 1984.02. A
copy of the OMB approved Information
Collection Request (ICR) may be
obtained from Susan Auby, Collection
Strategies Division; EPA (2822T); 1200
Pennsylvania Ave., NW., Washington,
DC 20460 or by calling (202) 566–1672.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
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collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations are listed
in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act 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 not-forprofit enterprises, and small
governmental jurisdictions.
For purposes of assessing the impacts
of today’s proposed amendments on
small entities, a small entity is defined
as: (1) A small business having no more
than 500 to 750 employees, depending
on the business’ NAICS code; (2) a small
governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and that is not
dominant in its field.
After considering the economic
impacts of today’s proposed
amendments on small entities, I certify
that the proposed amendments will not
have a significant economic impact on
a substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
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burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule. Today’s
proposed amendments significantly
reduce the number of emissions tests
(and costs associated with these tests)
required for facilities to demonstrate
that they are part of the low-risk
subcategory. We continue to be
interested in the potential impacts of the
proposed amendments on small entities
and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
or more in any 1 year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective, or least-burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the leastcostly, most cost-effective, or leastburdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed,
under section 203 of the UMRA, a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA’s regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that today’s
proposed amendments do not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments,
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in the aggregate, or the private sector in
any 1 year. Although the final rule had
annualized costs estimated to range
from $74 to $140 million (depending on
the number of facilities eventually
demonstrating eligibility for the low-risk
subcategory), the proposed amendments
do not add new requirements that
would increase this cost. Thus, today’s
proposed amendments are not subject to
the requirements of sections 202 and
205 of the UMRA. In addition, EPA has
determined that the proposed
amendments do not significantly or
uniquely affect small governments
because they contain no requirements
that apply to such governments or
impose obligations upon them.
Therefore, today’s proposed
amendments are not subject to section
203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ are
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ Under Executive
Order 13132, EPA may not issue a
regulation that has federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless it consults with State and
local officials early in the process of
developing the proposed regulation.
If EPA complies by consulting,
Executive Order 13132 requires EPA to
provide to OMB, in a separately
identified section of the preamble to the
rule, a federalism summary impact
statement (FSIS). The FSIS must include
a description of the extent of EPA’s
prior consultation with State and local
officials, a summary of the nature of
their concerns and EPA’s position
supporting the need to issue the
regulation, and a statement of the extent
to which the concerns of State and local
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44025
officials have been met. Also, when EPA
transmits a draft final rule with
federalism implications to OMB for
review pursuant to Executive Order
12866, EPA must include a certification
from its Federalism Official stating that
EPA has met the requirements of
Executive Order 13132 in a meaningful
and timely manner.
Today’s proposed amendments do not
have federalism implications. They will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. None of the
affected facilities are owned or operated
by State governments, and the
requirements of the proposed
amendments will not supersede State
regulations that are more stringent.
Thus, Executive Order 13132 does not
apply to today’s proposed amendments.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 6, 2000) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ are defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
Today’s proposed amendments do not
have tribal implications. They will not
have substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes,
as specified in Executive Order 13175.
No affected facilities are owned or
operated by Indian tribal governments.
Thus, Executive Order 13175 does not
apply to today’s proposed amendments.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant,’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
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disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by EPA.
Today’s proposed amendments are
not subject to the Executive Order
because EPA does not believe that the
environmental health or safety risks
associated with the emissions addressed
by the proposed amendments present a
disproportionate risk to children. The
noncancer human health toxicity values
we used in our analysis at promulgation
(e.g., reference concentrations) are
protective of sensitive subpopulations,
including children. In addition, for
purposes of this rulemaking, EPA has
not determined that any of the
pollutants in question has the potential
for a disproportionate impact on
predicted cancer risks due to early-life
exposure.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 (66 FR 28355,
May 22, 2001) provides that agencies
shall prepare and submit to the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget, a
Statement of Energy Effects for certain
actions identified as ‘‘significant energy
actions.’’ Section 4(b) of Executive
Order 13211 defines ‘‘significant energy
actions’’ as ‘‘any action by an agency
(normally published in the Federal
Register) that promulgates or is
expected to lead to the promulgation of
a final rule or regulation, including
notices of inquiry, advance notices of
proposed rulemaking, and notices of
proposed rulemaking: (1)(i) That is a
significant regulatory action under
Executive Order 12866 or any successor
order, and (ii) is likely to have a
significant adverse effect on the supply,
distribution, or use of energy; or (2) that
is designated by the Administrator of
the Office of Information and Regulatory
Affairs as a significant energy action.’’
Today’s proposed amendments are not a
‘‘significant energy action’’ as defined in
Executive Order 13211 (66 FR 28355,
May 22, 2001) because they are not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Further, we have concluded that
today’s proposed amendments are not
likely to have any adverse energy
effects.
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I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113,
Section 12(d), 15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in their regulatory and
procurement activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices) developed or
adopted by one or more voluntary
consensus bodies. The NTTAA directs
EPA to provide Congress, through
annual reports to the Office of
Management and Budget (OMB), with
explanations when an agency does not
use available and applicable voluntary
consensus standards.
These amendments involve a
technical standard. EPA cites the
following standard in this rulemaking:
National Council for Air and Stream
Improvement, Inc. (NCASI), draft
method ISS/FP–A105.01 (2/05),
‘‘Impinger Source Sampling Method for
Aldehydes, Ketones, And Polar
Compounds.’’
Consistent with the NTTAA, EPA
conducted searches to identify
voluntary consensus standards in
addition to this method. One voluntary
consensus standard was found that is
potentially applicable to the NCASI
method. This standard is not acceptable
as an alternative to the NCASI method,
for the reasons stated below.
The German standard VDI 3862 (12/
00), ‘‘Gaseous Emission MeasurementMeasurement of Aliphatic and Aromatic
Aldehydes and Ketones by 2,4Dinitrophenyhydrazine (DNPH)
Impinger Method,’’ is a good impinger
method for the sampling and analysis of
aldehydes and ketones that includes the
use of an external standard, field and
analytical blanks, and repeatability
tests. However, the VDI method is
missing some key quality assurance/
quality control (QA/QC) procedures that
are included in the NCASI method.
Specifically, VDI 3862 (12/00) is
missing the use of internal standards,
matrix spikes, and surrogate standards
in the analytical step, as well as a
duplicate sample run requirement, and
sampling train QA/QC samples such as
field, run, and sampling train spikes.
Therefore, this VDI method, as written,
is not acceptable as an alternative to the
draft NCASI method for the purposes of
this rule amendment.
Table 4 to subpart DDDD of 40 CFR
part 63 and table 2B to appendix B to
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subpart DDDD of 40 CFR part 63 in this
amendment list the testing method
included in the regulation. Under
§§ 63.7(f) and 63.8(f) of subpart A of the
General Provisions, a source may apply
to EPA for permission to use alternative
test methods or alternative monitoring
requirements in place of any required
testing methods, performance
specifications, or procedures.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: July 18, 2005.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is
proposed to be amended as follows:
PART 63—[AMENDED]
1. The authority citation for part 63
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A—[Amended]
2. Section 63.14 is amended by
adding paragraph (f)(4) to read as
follows:
§ 63.14
Incorporation by reference.
*
*
*
*
*
(f) * * *
(4) NCASI Method ISS/FP–A105.01,
Impinger Source Sampling Method for
Selected Aldehydes, Ketones, and Polar
Compounds, 2005, NCASI, Research
Triangle Park, NC, IBR proposed to be
approved for table 4 to subpart DDDD of
this part and appendix B to subpart
DDDD of this part.
*
*
*
*
*
Subpart DDDD—National Emission
Standards for Hazardous Air
Pollutants: Plywood and Composite
Wood Products
3. Revise paragraph (b) of § 63.2232 to
read as follows:
§ 63.2232 What parts of my plant does this
subpart cover?
*
*
*
*
*
(b) The affected source is the
collection of dryers, refiners, blenders,
formers, presses, board coolers, and
other process units associated with the
manufacturing of plywood and
composite wood products. The affected
source includes, but is not limited to,
green end operations, refining, drying
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operations (including any combustion
unit exhaust stream routinely used to
direct fire process unit(s)), resin
preparation, blending and forming
operations, pressing and board cooling
operations, and miscellaneous finishing
operations (such as sanding, sawing,
patching, edge sealing, and other
finishing operations not subject to other
National Emission Standards for
Hazardous Air Pollutants (NESHAP)).
The affected source also includes onsite
storage and preparation of raw materials
used in the manufacture of plywood
and/or composite wood products, such
as resins; onsite wastewater treatment
operations specifically associated with
plywood and composite wood products
manufacturing; and miscellaneous
coating operations (§ 63.2292). The
affected source includes lumber kilns at
PCWP manufacturing facilities and at
any other kind of facility.
*
*
*
*
*
4. Revise paragraph (a) of § 63.2250 to
read as follows:
§ 63.2250 What are the general
requirements?
(a) You must be in compliance with
the compliance options, operating
requirements, and the work practice
requirements in this subpart at all times,
except during periods of process unit or
control device startup, shutdown, and
malfunction; prior to process unit initial
startup; and during the routine control
device maintenance exemption
specified in § 63.2251. The compliance
options, operating requirements, and
work practice requirements do not
apply during times when the process
unit(s) subject to the compliance
options, operating requirements, and
work practice requirements are not
operating, or during scheduled startup
and shutdown periods, and during
malfunctions, including unscheduled
startups and shutdowns resulting from
malfunctions. Startup and shutdown
periods must not exceed the minimum
amount of time necessary for these
events.
*
*
*
*
*
5. Add section 63.2252 to read as
follows:
§ 63.2252 What are the requirements for
process units that have no control or work
practice requirements?
For process units not subject to the
compliance options or work practice
requirements specified in § 63.2240
(including, but not limited to, lumber
kilns), you are not required to comply
with the compliance options, work
practice requirements, performance
testing, monitoring, SSM plans, and
recordkeeping or reporting requirements
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of this subpart, or any other
requirements in subpart A of this part,
except for the initial notification
requirements in § 63.9(b).
6. Revise paragraph (d)(1) of § 63.2262
to read as follows:
§ 63.2262 How do I conduct performance
tests and establish operating
requirements?
*
*
*
*
*
(d) * * *
(1) Sampling sites must be located at
the inlet (if emission reduction testing
or documentation of inlet methanol or
formaldehyde concentration is required)
and outlet of the control device (defined
in § 63.2292) and prior to any releases
to the atmosphere. For control
sequences with wet control devices
(defined in § 63.2292) followed by
control devices (defined in § 63.2292),
sampling sites may be located at the
inlet and outlet of the control sequence
and prior to any releases to the
atmosphere.
*
*
*
*
*
7. Revise paragraph (c) introductory
text of § 63.2269 to read as follows:
§ 63.2269 What are my monitoring
installation, operation, and maintenance
requirements?
*
*
*
*
*
(c) Wood moisture monitoring. For
each furnish or veneer moisture meter,
you must meet the requirements in
paragraphs (a)(1) through (3) and
paragraphs (c)(1) through (5) of this
section.
*
*
*
*
*
8. In § 63.2292, revise the definitions
for ‘‘affected source,’’ ‘‘plywood,’’
‘‘plywood and composite wood
products manufacturing facility,’’ and
‘‘tube dryer’’ and add definitions for
‘‘direct-fired process unit,’’ ‘‘engineered
wood product,’’ and ‘‘molded
particleboard’’ to read as follows:
§ 63.2292
subpart?
What definitions apply to this
*
*
*
*
*
Affected source means the collection
of dryers, refiners, blenders, formers,
presses, board coolers, and other
process units associated with the
manufacturing of plywood and
composite wood products. The affected
source includes, but is not limited to,
green end operations, refining, drying
operations (including any combustion
unit exhaust stream routinely used to
direct fire process unit(s)), resin
preparation, blending and forming
operations, pressing and board cooling
operations, and miscellaneous finishing
operations (such as sanding, sawing,
patching, edge sealing, and other
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finishing operations not subject to other
NESHAP). The affected source also
includes onsite storage of raw materials
used in the manufacture of plywood
and/or composite wood products, such
as resins; onsite wastewater treatment
operations specifically associated with
plywood and composite wood products
manufacturing; and miscellaneous
coating operations (defined elsewhere in
this section). The affected source
includes lumber kilns at PCWP
manufacturing facilities and at any other
kind of facility.
*
*
*
*
*
Direct-fired process unit means a
process unit that is heated by the
passing of combustion exhaust directly
through the process unit such that the
process material is contacted by the
combustion exhaust.
*
*
*
*
*
Engineered wood product means a
product made with lumber, veneers,
strands of wood, or from other small
wood elements that are bound together
with resin (including polyvinyl acetate
(PVA) resin or hot melt glue).
Engineered wood products are generally
designed for use in the same
applications as sawn lumber.
Engineered wood products include, but
are not limited to, laminated strand
lumber, laminated veneer lumber, wood
I-joists, and glue-laminated beams.
*
*
*
*
*
Molded particleboard means a shaped
composite product (other than a
composite panel) composed primarily of
cellulosic materials (usually wood or
agricultural fiber) generally in the form
of discrete pieces or particles, as
distinguished from fibers, which are
pressed together with resin.
*
*
*
*
*
Plywood means a panel product
consisting of layers of wood veneers hot
pressed together with resin. Plywood
includes panel products made by hot
pressing (with resin) veneers to a
substrate such as particleboard, medium
density fiberboard, or lumber. Plywood
products may be flat or curved.
Plywood and composite wood
products (PCWP) manufacturing facility
means a facility that manufactures
plywood and/or composite wood
products by bonding wood material
(fibers, particles, strands, veneers, etc.)
or agricultural fiber, generally with resin
under heat and pressure, to form a
panel, engineered wood product, or
other product defined in § 63.2292.
Plywood and composite wood products
manufacturing facilities also include
facilities that manufacture dry veneer
and lumber kilns located at any facility.
Plywood and composite wood products
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include, but are not limited to, plywood,
veneer, particleboard, molded
particleboard, oriented strandboard,
hardboard, fiberboard, medium density
fiberboard, laminated strand lumber,
laminated veneer lumber, wood I-joists,
kiln-dried lumber, and glue-laminated
beams.
*
*
*
*
*
Tube dryer means a single-stage or
multi-stage dryer operated by applying
heat to reduce the moisture of wood
fibers or particles as they are conveyed
(usually pneumatically) through the
dryer. Resin may or may not be applied
to the wood material before it enters the
tube dryer. A tube dryer is a process
unit.
*
*
*
*
*
9. Revise Table 4 to Subpart DDDD of
Part 63 to read as follows:
TABLE 4 TO SUBPART DDDD OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS
For . . .
You must . . .
Using . . .
1. Each process unit subject to a compliance
option in table 1A or 1B to this subpart or
used in calculation of an emissions average
under § 63.2240(c).
2. Each process unit subject to a compliance
option in table 1A or 1B to this subpart or
used in calculation of an emissions average
under § 63.2240(c).
3. Each process unit subject to a compliance
option in table 1A or 1B to this subpart or
used in calculation of an emissions average
under § 63.2240(c).
4. Each process unit subject to a compliance
option in table 1A or 1B to this subpart or
used in calculation of an emissions average
under § 63.2240(c).
5. Each process unit subject to a compliance
option in table 1B to this subpart for which
you choose to demonstrate compliance using
a total HAP as THC compliance option.
Select sampling port’s location and the number of traverse ports.
Method 1 or 1A of 40 CFR part 60, appendix
A (as appropriate).
Determine velocity and volumetric flow rate ....
Method 2 in addition to Method 2A, 2C, 2D,
2F, or 2G in appendix A to 40 CFR part 60
(as appropriate).
Conduct gas molecular weight analysis ..........
Method 3, 3A, or 3B in appendix A to 40 CFR
part 60 (as appropriate).
Measure moisture content of the stack gas ....
Method 4 in appendix A to 40 CFR part 60;
OR Method 320 in appendix A to 40 CFR
part 63; OR ASTM D6348–03 (IBR, option
in table see § 63.14(b))
Method 25A in appendix A to 40 CFR part 60.
You may measure emissions of methane
using EPA Method 18 in appendix A to 40
CFR part 60 and subtract the methane
emissions from the emissions of total HAP
as THC.
Method 320 in appendix A to 40 CFR part 63;
OR the NCASI Method IM/CAN/WP–99.02
(IBR, see § 63.14(f)); OR the NCASI Method ISS/WP–A105.01 (IBR, see § 63.14(f));
OR ASTM D6348–03 (IBR, see § 63.14(b))
provided that percent R as determined in
Annex A5 of ASTM D6348–03 is equal or
greater than of 70 percent and less than or
equal to 130 percent.
Method 308 in appendix A to 40 CFR part 63;
OR Method 320 in appendix A to 40 CFR
part 63; OR the NCASI Method CI/WP–
98.01 (IBR, see § 63.14(f)); OR the NCASI
Method IM/CAN/WP–99.02 (IBR, see
§ 63.14(f)); OR the NCASI Method ISS/WPA105.01 (IBR, see § 63.14(f)).
Method 316 in appendix A to 40 CFR part 63;
OR Method 320 in appendix A to 40 CFR
part 63; OR Method 0011 in ‘‘Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods’’ (EPA Publication No. SW–
846) for formaldehyde; OR the NCASI
Method CI/WP–98.01 (IBR, see § 63.14(f));
OR the NCASI Method IM/CAN/WP–99.02
(IBR, see § 63.14(f)); OR the NCASI Method ISS/WP–A105.01 (IBR, see § 63.14(f)).
Measure emissions of total HAP as THC ........
6. Each process unit subject to a compliance
option in table 1A to this subpart; OR for
each process unit used in calculation of an
emissions average under § 63.2240(c).
Measure emissions of total HAP (as defined
in § 63.2292).
7. Each process unit subject to a compliance
option in table 1B to this subpart for which
you choose to demonstrate compliance using
a methanol compliance option.
Measure emissions of methanol ......................
8. Each process unit subject to a compliance
option in table 1B to this subpart for which
you choose to demonstrate compliance using
a formaldehyde compliance option.
Measure emissions of formaldehyde ...............
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TABLE 4 TO SUBPART DDDD OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS—Continued
For . . .
You must . . .
Using . . .
9. Each reconstituted wood product press at a
new or existing affected source or reconstituted wood product board cooler at a new affected source subject to a compliance option
in table 1B to this subpart or used in calculation of an emissions average under
§ 63.2240(c).
Meet the design specifications included in the
definition of wood products enclosures in
§ 63.2292) or, determine the percent capture efficiency of the enclosure directing
emissions to an add-on control device.
10. Each reconstituted wood product press at a
new or existing affected source or reconstituted wood product board cooler at a new affected source subject to a compliance option
in table 1A to this subpart.
Determine the percent capture efficiency ........
11. Each process unit subject to a compliance
option in tables 1A and 1B to this subpart or
used in calculation of an emissions average
under § 63.2240(c).
Establish the site-specific operating requirements (including the parameter limits or
THC concentration limits) in table 2 to this
subpart.
Methods 204 and 204A through 204F of 40
CFR part 51, appendix M, to determine
capture efficiency (except for wood products enclosures as defined in § 63.2292).
Enclosures that meet the definition of wood
products enclosure or that meet Method
204 requirements for a permanent total enclosure (PTE) are assumed to have a capture efficiency of 100 percent. Enclosures
that do not meet either the PTE requirements or design criteria for a wood products enclosure must determine the capture
efficiency by constructing a TTE according
to the requirements of Method 204 and applying Methods 204A through 204F (as appropriate). As an alternative to Methods 204
and 204A through 204F, you may use the
tracer gas method contained in appendix A
to this subpart.
A TTE and Methods 204 and 204A through
204F (as appropriate) of 40 CFR part 51,
appendix M. As an alternative to installing a
TTE and using Methods 204 and 204A
through 204F, you may use the tracer gas
method contained in appendix A to this
subpart. Measured emissions divided by the
capture efficiency provides the emission
rate.
Data from the parameter monitoring system or
THC CEMS and the applicable performance
test methods(s).
*
*
*
*
*
Appendix A to Subpart DDDD of Part
63—Alternative Procedure To
Determine Capture Efficiency From
Enclosures Around Hot Presses in the
Plywood and Composite Wood Products
Industry Using Sulfur Hexafluoride
Tracer Gas
10. Revise paragraphs 10.4 and 10.5 of
section 10 to read as follows:
10.0
*
*
*
*
10.4 Gas Chromatograph. Follow the pretest calibration requirements specified in
section 8.5.1.
10.5 Gas Chromatograph for Ambient
Sampling (Optional). For the optional
ambient sampling, follow the calibration
requirements specified in section 8.5.1 or
ASTM E 260 and E 697 and by the equipment
manufacturer for gas chromatograph
measurements.
Appendix B to Subpart DDDD of Part
63—Methodology and Criteria for
Demonstrating That an Affected Source
Is Part of the Low-Risk Subcategory of
Plywood and Composite Wood Products
Manufacturing Affected Sources
11. In section 4, revise paragraph (a)
to read as follows:
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hour (lb/hr) for each of the pollutants listed
in Table 1 to this appendix.
(a) Determine the individual HAP emission
rates from each process unit emission point
within the affected source using the
procedures specified in section 5 of this
appendix.
*
*
*
*
*
*
12. In section 5, revise paragraphs (a),
(f)(1), and (f)(2) and add paragraphs (i)
through (k) to read as follows:
5. How do I determine HAP emissions from
my affected source?
Calibration and Standardization.
*
4. What are the criteria for determining if
my affected source is low risk?
(a) You must determine HAP emissions for
every process unit emission point within the
affected source that emits one or more of the
HAP listed in Table 1 to this appendix as
specified in Table 2A to this appendix. For
each process unit type, Table 2A to this
appendix specifies whether emissions testing
is required or if emissions estimation is
allowed as an alternative to emissions
testing. If emissions estimation is allowed
according to Table 2A, you must develop
your emission estimates according to the
requirements in paragraph (k) of this section.
You may choose to perform emissions testing
instead of emissions estimation. You must
conduct HAP emissions tests according to the
requirements in paragraphs (b) through (j) of
this section and the methods specified in
Table 2B to this appendix. For each of the
emission points at your affected source, you
must obtain the emission rates in pounds per
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*
*
*
*
(f) * * *
(1) The method detection limit is less than
or equal to 1 part per million by volume, dry
(ppmvd) for pollutant emissions measured
using Method 320 in appendix A to 40 CFR
part 63; or Method 18 in appendix A to 40
CFR part 60; or the NCASI Method IM/CAN/
WP–99.02 (incorporated by reference (IBR),
see 40 CFR 63.14(f)); or NCASI Method ISS/
FP–A105.01 (IBR, see 40 CFR 63.14(f); or
ASTM D6348–03 (IBR, see 40 CFR 63.14(b)).
(2) For pollutants measured using Method
29 in appendix A to 40 CFR part 60, you
analyze samples using atomic absorption
spectroscopy (AAS) or another laboratory
method specified in Method 29 in appendix
A to 40 CFR part 60 with detection limits
lower than or equal to AAS.
*
*
*
*
*
(i) Use of previous emissions tests. You
may use the results of previous emissions
tests provided that the following conditions
are met:
(1) The previous emissions tests must have
been conducted using the methods specified
in Table 2B to this appendix. Previous
emission test results obtained using NCASI
Method IM/CAN/WP–99.01 are acceptable.
(2) The previous emissions tests must meet
the requirements in paragraphs (b) through (j)
of this section.
(3) The subject process unit(s) must be
operated in the same manner (e.g., same raw
material type, same operating temperature,
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emissions (for example, the unit with a
slightly higher temperature set point, dryer
processing furnish with slightly higher inlet
moisture content, press processing thicker
panels, unit with the greater throughput,
etc.).
(k) If emissions estimation is allowed, you
must follow the procedures in (1) through (3)
of this paragraph.
(1) You must use the emission factors or
other emission estimation techniques
specified in Table 2A to this appendix when
developing emission estimates.
(2) You must base your emission estimates
on the maximum process unit throughput
you will incorporate into your permit
according to section 11(b) of this appendix.
(3) For process units with multiple
emission points, you must apportion the
estimate emissions evenly across each
emission point. For example, if you have a
process unit with two emission points, and
the process unit is estimated to emit 6 lb/hr,
you would assign 3 lb/hr to each emission
point.
13. Revise paragraphs (a) through (c) of
section 6 to read as follows:
6. How do I conduct a look-up table
analysis?
*
*
*
*
ep = n
TWCER ep
WAHC = ∑ ep = n
× H ep
ep =1 ∑ TWCER ep
ep =1
WAHC = Carcinogen weighted average stack
height for use in the carcinogen lookup
table (Table 3 to this appendix)
WAHN =
TWNER ep
∑ ep = n
ep =1
∑ TWNER ep
ep =1
WAHN = Non-carcinogen weighted average
stack height for use in the noncarcinogen lookup table (Table 4 to this
appendix)
H = Height of each individual stack or
emission point (m)
ep = Individual stacks or emission points
n = Total number of stacks and emission
points
(b) Cancer risk. Calculate the total toxicityweighted carcinogen emission rate for your
affected source by summing the toxicityweighted carcinogen emission rates for each
of your emission points. Identify the
appropriate maximum allowable toxicityweighted carcinogen emission rate from
Table 3 to this appendix for your affected
source using the carcinogen weighted average
stack height of your emission points and the
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TWCER = Toxcity-weighted carcinogenic
emission rate for each emission point
(1b/hr)/(µg/m3)
ERi = Emission rate of pollutant I (lb/hr)
URE = Unit risk estimate for pollutant I, 1 per
Microgram per cubic meter (µg/m3)¥1
TWNER = ∑ ( ER i RfC i )
Eqn. 2
TWNER = Toxicity-weighted
noncarcinogenic emission rate for each
emission point (lb/hr)/(µg/m3)
ERi = Emission rate of pollutant I (lb/hr)
RfCi = Reference concentration for pollutant
I, micrograms per cubic meter (µg/m3)
n = Total number of stacks and emission
points
Eqn. 4
minimum distance between any emission
point at the affected source and the property
boundary. If one or both of these values do
not match the exact values in the lookup
table, then use the next lowest table value.
(Note: If your weighted average stack height
is less than 5 meters (m), you must use the
5 m row.) Your affected source is considered
low risk for carcinogenic effects if your
toxicity-weighted carcinogen emission rate,
determined using the methods specified in
this appendix, does not exceed the values
specified in Table 3 to this appendix.
(c) Noncancer risk. Calculate the total
central nervous system (CNS) and respiratory
target organ specific toxicity-weighted
noncarcinogen emission rate for your affected
source by summing the toxicity-weighted
emission rates for each of your emission
points. Identify the appropriate maximum
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Eqn. 3
H = Height of each individual stack or
emission point (m)
ep = Individual stacks or emission points
ep = n
TWCER = ∑ ( ER i × URE i )
allowable toxicity-weighted noncarcinogen
emission rate from Table 4 to this appendix
for your affected source using the noncarcinogen weighted average stack height of
your emission points and the minimum
distance between any emission point at the
affected source and the property boundary. If
one or both of these values do not match the
exact values in the lookup table, then use the
next lowest table value. (Note: If your
weighted average stack height is less than 5
m, you must use the 5 m row.) Your affected
source is considered low risk for
noncarcinogenic effects if your toxicityweighted noncarcinogen emission rate,
determined using the methods specified in
this appendix, does not exceed the values
specified in Table 4 to this appendix.
*
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*
*
*
EP29JY05.003
*
(a) Using the emission rate of each HAP
required to be included in your low-risk
demonstration (determined according to
section 5 of this appendix), calculate your
total toxicity-weighted carcinogen and
noncarcinogen emission rates for each of
your emission points using Equations 1 and
2 of this appendix, respectively. Calculate
your carcinogen and non-carcinogen
weighted average stack height using
Equations 3 and 4 of this appendix,
respectively.
EP29JY05.002
etc.) as during the previous emissions test(s)
and the process unit(s) may not have been
modified such that emissions would be
expected to differ (notwithstanding normal
test-to-test variability) from the previous
emissions test(s).
(j) Use of test data for similar process units.
If you have multiple similar process units at
the same plant site, you may apply the test
results from one of these process units to the
other similar process units for purposes of
your low-risk demonstration provided that
the following conditions are met:
(1) You must explain how the process units
are similar in terms of design, function,
heating method, raw materials processed,
residence time, change in material moisture
content, operating temperature, resin type
processed, and any other parameters that
may affect emissions.
(2) If the process units have different
throughput rates, then you must convert the
emission test results to terms of pounds of
HAP per unit throughput prior to applying
the emissions test data to other similar
process units.
(3) If one of the process units would be
expected to exhibit higher emissions due to
minor differences in process parameters, then
you must explain and test the process unit
that would be expected to exhibit greater
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14. Revise paragraph (a) of section 7
to read as follows:
7. How do I conduct a site-specific risk
assessment?
11. How does my affected source become
part of the low-risk subcategory of PCWP
facilities?
*
(a) Perform a site-specific risk assessment
following the procedures specified in this
section. You may use any scientificallyaccepted peer-reviewed assessment
methodology for your site-specific risk
assessment. An example of one approach to
performing a site-specific risk assessment for
air toxics that may be appropriate for your
affected source can be found in the ‘‘Air
Toxics Risk Assessment Guidance Reference
Library, Volume 2, Site-Specific Risk
Assessment Technical Resource Document.’’
You may obtain a copy of the ‘‘Air Toxics
Risk Assessment Reference Library’’ through
EPA’s air toxics Web site at https://
www.epa.gov/ttn/fera/risk_atra_main.html.
*
*
*
*
*
15. Revise paragraphs (a)(3), (b)(1),
and (b)(3) of section 8 to read as follows:
8. What information must I submit for the
low-risk demonstration?
(a) * * *
(3) Emission test reports for each pollutant
and process unit based on the testing
requirements and methods specified in
Tables 2A and 2B to this appendix, including
a description of the process parameters
identified as being worst case. You must
submit your emissions calculations for each
pollutant and process unit for which
emissions estimates are developed.
*
*
*
*
*
(b) * * *
(1) Identification of the stack heights for
each emission point included in the
calculations of weighted average stack height.
*
*
*
*
*
(3) Calculations used to determine the
toxicity-weighted carcinogen and
noncarcinogen emission rates and weighted
average stack heights according to section
6(a) of this appendix.
*
*
*
*
*
16. Revise paragraphs (a) and (c) of
section 10 to read as follows:
10. When do I submit my low-risk
demonstration?
*
*
*
*
*
(a) If you have an existing affected source,
you must complete and submit for approval
your low-risk demonstration no later than
April 1, 2007. * * *
(c) If you have a new or reconstructed
affected source you must conduct the
emission tests specified in section 5 of this
appendix by September 28, 2004 or upon
initial startup (whichever is later) and use the
results of these emissions tests to complete
and submit your low-risk demonstration
within 180 days following September 28,
2004 or your initial startup date (whichever
is later). * * *
17. Revise paragraph (b) of section 11
to read as follows:
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*
*
*
*
(b) Following EPA approval, the
parameters that defined your affected source
as part of the low-risk subcategory
(including, but not limited to, production
rate, annual emission rate, type of control
devices, process parameters reflecting the
emissions rates used for your low-risk
demonstration) must be submitted for
incorporation as federally enforceable terms
and conditions into your title V permit. You
must submit an application for a significant
permit modification to reopen your title V
permit to incorporate such terms and
conditions according to the procedures and
schedules of 40 CFR part 71 or the EPAapproved program in effect under 40 CFR
part 70, as applicable.
18. Revise section 15 to read as
follows:
15. Definitions.
The definitions in § 63.2292 of 40 CFR part
63, subpart DDDD, apply to this appendix.
Additional definitions applicable for this
appendix are as follows:
Agricultural fiber board press means a
press used in the production of an
agricultural fiber based composite wood
product. An agricultural fiber board press is
a process unit.
Agricultural fiberboard mat dryer means a
dryer used to reduce the moisture of wetformed agricultural fiber mats by operation at
elevated temperature. An agricultural
fiberboard mat dryer is a process unit.
Atmospheric refiner means a piece of
equipment operated under atmospheric
pressure for refining (rubbing or grinding) the
wood material into fibers or particles.
Atmospheric refiners are operated with
continuous infeed and outfeed of wood
material and atmospheric pressures
throughout the refining process. An
atmospheric refiner is a process unit.
Blending and forming operations means
the process of mixing adhesive and other
additives with the (wood) furnish of the
composite panel and making a mat of
resinated fiber, particles, or strands to be
compressed into a reconstituted wood
product such as particleboard, oriented
strandboard, or medium density fiberboard.
Blending and forming operations are process
units.
Emission point means an individual stack
or vent from a process unit that emits HAP
required for inclusion in the low-risk
demonstration specified in this appendix.
Process units may have multiple emission
points.
Fiber washer means a unit in which watersoluble components of wood (hemicellulose
and sugars) that have been produced during
digesting and refining are removed from the
wood fiber. Typically wet fiber leaving a
refiner is further diluted with water and then
passed over a filter, leaving the cleaned fiber
on the surface. A fiber washer is a process
unit.
Finishing sander means a piece of
equipment that uses an abrasive drum, belt,
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44031
or pad to impart smoothness to the surface
of a plywood or composite wood product
panel and to reduce the panel to the
prescribed thickness. A finishing sander is a
process unit.
Finishing saw means a piece of equipment
used to trim or cut finished plywood and
composite wood products panels to a certain
size. A finishing saw is a process unit.
Hardwood plywood press means a hot
press which, through heat and pressure,
bonds assembled hardwood veneers
(including multiple plies of veneer and/or a
substrate) and resin into a hardwood
plywood panel. A hardwood plywood press
is a process unit.
Hardwood veneer kiln means an enclosed
dryer operated in batch cycles at elevated
temperature to reduce the moisture content
from stacked hardwood veneer. A hardwood
veneer kiln is a process unit.
Hazard Index (HI) means the sum of more
than one hazard quotient for multiple
substances and/or multiple exposure
pathways.
Hazard Quotient (HQ) means the ratio of
the predicted media concentration of a
pollutant to the media concentration at
which no adverse effects are expected. For
inhalation exposures, the HQ is calculated as
the air concentration divided by the reference
concentration (RfC).
Humidifier means a process unit used to
increase the moisture content of hardboard
following pressing or after post-baking.
Typically, water vapor saturated air is blown
over the hardboard surfaces in a closed
cabinet. A humidifier is a process unit.
I-joist curing chamber means an oven or a
room surrounded by a solid wall or heavy
plastic flaps that uses heat, infrared, or radiofrequency techniques to cure the adhesive.
An I-joist curing chamber is a process unit.
Log chipping means the production of
wood chips from logs.
Log vat means a process unit that raises the
temperature of the logs inside by applying a
heated substance, usually hot water and
steam, to the outside of the logs by spraying
or soaking. A log vat is a process unit.
Look-up table analysis means a risk
screening analysis based on comparing the
toxicity-weighted HAP emission rate from
the affected source to the maximum
allowable toxicity-weighted HAP emission
rates specified in Tables 3 and 4 to this
appendix.
LSL press means a composite wood
product press that presses a loose mat of
resinated strands into a billet by
simultaneous application of heat and
pressure and forms laminated strand lumber.
An LSL press is a process unit.
LVL press means a composite wood
product press that presses resinated stacks of
veneers into a solid billet by simultaneous
application of heat and pressure and forms
laminated veneer lumber or parallel strand
lumber. An LVL press is a process unit.
Natural gas means a naturally occurring
mixture of hydrocarbon and nonhydrocarbon gases found in geologic
formations beneath the earth’s surface. The
principal hydrocarbon constituent is
methane.
Paddle-type particleboard dryer means a
dryer that uses elevated temperature to
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remove moisture from particles and paddles
to advance materials through the dryer. This
type of dryer removes moisture absorbed by
particles due to high ambient temperature. A
paddle-type particleboard dryer is a process
unit.
Panel-trim chipper means a piece of
equipment that accepts the discarded pieces
of veneer or pressed plywood and composite
wood products panels that are removed by
finishing saws and reduces these pieces to
small elements. A panel-trim chipper is a
process unit.
Particleboard extruder means a heated die
oriented either horizontally or vertically
through which resinated particles are
continuously forced to form extruded
particleboard products. A particleboard
extruder is a process unit.
Particleboard press mold means a press
that consists of molds that apply heat and
pressure to form molded or shaped
particleboard products. A particleboard press
mold is a process unit.
Propane means a colorless gas derived
from petroleum and natural gas, with the
molecular structure C3H8.
Radio-frequency veneer redryer means a
dryer heated by radio-frequency waves that is
used to redry veneer that has been previously
dried. A radio-frequency veneer redryer is a
process unit.
Reference Concentration (RfC) means an
estimate (with uncertainty spanning perhaps
an order of magnitude) of a continuous
inhalation exposure to the human population
(including sensitive subgroups) that is likely
to be without an appreciable risk of
deleterious effects during a lifetime. It can be
derived from various types of human or
animal data, with uncertainty factors
generally applied to reflect limitations of the
data used.
Resin storage tank means any storage tank,
container, or vessel connected to plywood
and composite wood product production that
contains resin additives. A resin storage tank
is a process unit.
Rotary agricultural fiber dryer means a
rotary dryer operated at elevated temperature
and used to reduce the moisture of
agricultural fiber. A rotary agricultural fiber
dryer is a process unit.
Softwood plywood press means a hot press
which, through heat and pressure, bonds
assembled softwood veneer plies and resin
into a softwood plywood panel. A softwood
plywood press is a process unit.
Softwood veneer kiln means an enclosed
dryer operated in batch cycles at elevated
temperature to reduce the moisture content
from stacked softwood veneer. A softwood
veneer kiln is a process unit.
Stand-alone digester means a pressure
vessel used to heat and soften wood chips
(usually by steaming) before the chips are
sent to a separate process unit for refining
into fiber. A stand-alone digester is a process
unit.
Target organ specific hazard index
(TOSHI) means the sum of hazard quotients
for individual chemicals that affect the same
organ or organ system (e.g., respiratory
system, central nervous system).
Unit Risk Estimate (URE) means the upperbound excess lifetime cancer risk estimated
to result from continuous exposure to an
agent at a concentration of 1 microgram per
cubic meter (µg/m3) in air.
Wastewater/process water operation means
equipment that processes water in plywood
or composite wood product facilities for
reuse or disposal. Wastewater/process water
operations includes but is not limited to
pumps, holding ponds and tanks, cooling
and heating operations, settling systems,
filtration systems, aeration systems, clarifiers,
pH adjustment systems, log storage ponds,
pollution control device water (including
wash water), vacuum distillation systems,
sludge drying and disposal systems, spray
irrigation fields, and connections to POTW
facilities. Wastewater/process water
operations are process units.
Worst-case operating conditions means
operation of a process unit during emissions
testing under the conditions that result in the
highest HAP emissions or that result in the
emissions stream composition (including
HAP and non-HAP) that is most challenging
for the control device if a control device is
used. For example, worst case conditions
could include operation of the process unit
at maximum throughput, at its highest
temperature, with the wood species mix
likely to produce the most HAP, and/or with
the resin formulation containing the greatest
HAP.
19. Add Table 2A to read as follows:
TABLE 2A.—TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63. TESTING AND EMISSIONS ESTIMATION
SPECIFICATIONS FOR PROCESS UNITS.
HAP metals
from directfired process
units b
Process unit type
Acetaldehyde
Acrolein
Formaldehyde
Phenol
Benzene
MDI
Agricultural fiberboard mat
dryers, Dry rotary dryers,
Fiberboard mat dryer
(heated zones), Green rotary dryers, Hardboard
ovens, Hardwood veneer
dryers (heated zones),
Paddle-type particleboard
dryers, Press predryers,
Rotary agricultural fiber
dryers, Rotary strand dryers, Softwood veneer dryers (heated zones), Veneer redryers (heated by
conventional means).
Atmospheric refiners, Conveyor strand dryers, Pressurized refiners.
Primary tube dryers, Secondary tube dryers.
test ................
test ................
test ................
test ................
test ................
NA ................
test.
test ................
test ................
test ................
test ................
test ................
NA ................
NA.
test ................
test ................
test ................
test ................
test ................
test.
Agricultural fiber board
presses, Reconstituted
wood products presses,
Reconstituted wood product board coolers.
test ................
test ................
test ................
test ................
test ................
test if processing furnish with
MDI resin
added prior
to drying.
test if board
contains
MDI resin.
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44033
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Proposed Rules
TABLE 2A.—TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63. TESTING AND EMISSIONS ESTIMATION
SPECIFICATIONS FOR PROCESS UNITS.—Continued
HAP metals
from directfired process
units b
Process unit type
Acetaldehyde
Acrolein
Formaldehyde
Phenol
Benzene
MDI
Blending and forming operations—particleboard and
MDF.
NA ................
NA ................
0.060 lb/DOT
NA ................
NA ................
Blending and forming operations—OSB.
NA ................
NA ................
engineering
estimate.
NA ................
NA.
Dry forming—hardboard ......
engineering
estimate.
0.015 lb/ODT
NA ................
engineering
estimate.
NA ................
NA ................
NA ................
NA ................
NA.
Fiberboard mat dryer (fugitive emissions).
Finishing sanders ................
0.0055 lb/
MSF 1⁄2″.
0.0028 lb/
MSF 3⁄8″.
NA ................
0.0036 lb/
MSF 3⁄8″
press
throughput.
engineering
estimate.
0.0026 lb/
ODT.
0.031lb/MSF
1⁄2″.
0.0042 lb/
MSF.
engineering
estimate if
MDI resin
used.
engineering
estimate if
MDI resin
used.
NA ................
NA ................
NA ................
NA ................
NA
0.015 lb/MSF
NA ................
NA.
Finishing saws .....................
0.00092 lb/
MSF 3⁄8″.
NA ................
0.00034 lb/
MSF 3⁄8″.
0.0057 lb/
MSF.
NA ................
Hardwood plywood presses
NA ................
NA ................
0.058 lb/MSF
3⁄8″.
0.067 lb/MSF
3⁄8″.
0.0018 lb/
MSF 1⁄8″.
NA ................
NA ................
0.016 lb/MSF
3⁄8″.
NA ................
NA ................
Hardwood veneer dryer
(cooling zones).
Hardwood veneer kilns ........
0.0088 lb/
MSF 3⁄8″.
0.013 lb/MSF
3⁄8″.
0.016 lb/MSF
3⁄8″.
0.0010 lb/
MSF 1⁄8″.
0.0018 lb/
MSF.
engineering
estimate if
MDI resin
used.
engineering
estimate if
MDI resin
used.
NA ................
NA ................
NA ................
NA.
0.0053 lb/
MSF 3⁄8″.
0.00057 lb/
MSF 1⁄8″.
NA ................
NA ................
NA ................
NA.
0.0000062 lb/
MSF 1⁄8″.
NA ................
NA ................
NA.
NA.
0.0047 lb/
MSF 3⁄8″ removed from
vate per
hour.
engineering
estimate.
0.29 lb/1000
ft 3.
0.065 lb/MBF
NA ................
NA ................
NA ................
NA ................
engineering
estimate if
MDI resin
used.
NA ................
NA ................
0.029 lb/1000
ft 3.
0.79 lb/1000
ft 3.
0.034 lb/MBF
engineering
estimate.
NA ................
NA ................
NA.
NA ................
0.18 lb/1000
ft 3.
NA ................
0.010 lb/MBF
NA ................
NA ................
0.00034 lb/
MSF 3⁄8″
finished
board production.
0.64 lb/MSF
3⁄4″.
0.00065 lb/
MSF 3⁄8″.
0.19 lb/hr per
tank for
tanks with
resin containing
formaldehyde OR
model
using
TANKS
software a.
0.0019 lb/
MSF 3⁄8″
finished
board production.
0.024 lb/MSF
3⁄4″.
NA ................
NA ................
NA ................
Engineering
estimate.
NA.
0.0073 lb/
MSF 3⁄4″.
NA ................
NA ................
NA.
NA ................
NA.
NA ................
0.0013 lb/hr
per tank for
tanks with
MDI resin
OR model
using
TANKS
software a.
NA.
Fiber washers ......................
Humidifiers ...........................
I-joist curing chambers ........
Log vats ...............................
LSL presses ........................
LVL presses ........................
Lumber kilns ........................
Panel-trim chippers .............
Particleboard press molds,
Particleboard extruders.
Radio-frequency veneer redryers.
Resin storage tanks ............
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0.00081 lb/
MSF 3⁄8″
finished
board production.
0.034 lb/MSF
3⁄4″.
0.0029 lb/
MSF 3⁄8″.
NA ................
Jkt 205001
NA ................
NA ................
NA ................
0.0087 lb/
MSF 1⁄8″.
NA ................
NA ................
0.009 lb/MBF
NA ................
0.0087 lb/
MSF 3⁄4″.
NA ................
NA ................
PO 00000
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0.18 lb/hr per
tank for
tanks with
resin containing phenol OR
model
using
TANKS
software a.
E:\FR\FM\29JYP4.SGM
29JYP4
NA.
NA.
NA.
NA.
NA.
NA.
44034
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TABLE 2A.—TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63. TESTING AND EMISSIONS ESTIMATION
SPECIFICATIONS FOR PROCESS UNITS.—Continued
Process unit type
Softwood plywood presses
Softwood veneer dryers
(cooling zones).
Softwood veneer kilns .........
Stand-alone digesters .........
HAP metals
from directfired process
units b
Acetaldehyde
Acrolein
Formaldehyde
Phenol
Benzene
MDI
0.012 lb/MSF
3⁄8″.
0.012 lb/MSF
3⁄8″.
0.097 lb/MSF
3⁄8″.
0.030 lb/ODT
NA ................
0.0054 lb/
MSF 3⁄8″.
0.0028 lb/
MSF 3⁄8″.
0.010 lb/MSF
3⁄8″.
0.0045 lb/
ODT.
engineering
estimate
(such as
WATER9 a
or other
method).
0.0022 lb/
MSF 3⁄8″.
0.011 lb/MSF
3⁄8″.
0.020 lb/MSF
3⁄8″.
0.0012 lb/
ODT.
engineering
estimate
(such as
WATER9 a
or other
method).
NA ................
NA ................
NA.
NA ................
NA ................
NA.
0.0078 lb/
MSF 3⁄8″.
NA ................
NA ................
NA.
NA ................
NA.
engineering
estimate
(such as
WATER9 a
or other
method).
NA.
NA ................
0.012 lb/MSF
3⁄8″.
0.0024 lb/
ODT.
engineering
estimate
(such as
WATER9 a
or other
method).
Wastewater/process water
operations.
engineering
estimate
(such as
WATER9 a
or other
method).
Wet forming—fiberboard
and hardboard (without
PF resin).
Wet forming—hardboard
(PF resin).
Miscellaneous coating operations, Log chipping,
Softwood veneer dryer fugitive emissions.
Other ancillary processes
(not listed elsewhere in
this table) that may emit
HAP listed in this table.
0.0075 lb/
MSF 1⁄2″.
NA ................
0.0036 lb/
MSF 1⁄2″.
NA ................
NA ................
engineering
estimate
(such as
WATER9 a
or other
method) if
MDI resin
used.
NA ................
0.0067 lb/
ODT.
NA ................
NA ................
0.00075 lb/
ODT.
NA ................
NA ................
NA ................
NA.
NA ................
0.00039 lb/
ODT.
NA ................
NA ................
NA ................
NA.
engineering
estimate.
engineering
estimate.
engineering
estimate.
engineering
estimate.
engineering
estimate.
engineering
estimate.
engineering
estimate
NA.
test: Emissions testing must be conducted for the process unit and pollutant according to the test methods specified in Table 2B to appendix B
to supbart DDDD.
NA: Not applicable. No emission estimates or emissions testing is required for purposes of the low-risk demonstration.
lb/50 MSF: Pounds of HAP per thousand square feet of board of the inches thickness specified (e.g., lb/MSF 3⁄4 = pounds of HAP per thousand square feet of 3⁄4-inch board). See equation in § 63.2262(j) of subpart DDDD to convert from one thickness basis to another.
lb/ODT: 50 Pounds of HAP per oven dried ton of wood material.
lb/MBF: Pounds of HAP per thousand board feet.
lb/MLF: Pounds of HAP per thousand linear feet.
a TANKS and WATER9 software is available at https://www.epa.gov/ttn/chief.software/.
b Excludes direct-fired process units fired with only natural gas or propane.
20. Redesignate Table 2 as Table 2B
and revise to read as follows:
TABLE 2B TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63.—EMISSION TEST METHODS
For . . .
You must . . .
Using . . .
1. Each process unit required to be tested according to table 2A to this appendix.
2. Each process unit required to be tested according to table 2A to this appendix.
Select sampling ports’ location and the number of traverse points.
Determine velocity and volumetric flow rate
3. Each process unit required to be tested according to table 2A to this appendix.
4. Each process unit required to be tested according to table 2A to this appendix.
5. Each process unit required to be tested according to table 2A to this appendix.
Conduct gas molecular weight analysis ..........
Method 1 or 1A of 40 CFR part 60, appendix
A (as appropriate).
Method 2 in addition to Method 2A, 2C, 2D,
2F, or 2G in appendix A to 40 CFR part 60
(as appropriate).
Method 3, 3A, or 3B in appendix A to 40 CFR
part 60 (as appropriate).
Method 4 in appendix A to 40 CFR part 60.
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Measure moisture content of the stack gas ....
Measure emissions of the following HAP: Acetaldehyde, acrolein, formaldehyde, and
phenol.
Frm 00024
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NCASI Method IM/CAN/WP–99.02 (IBR, see
40 CFR 63.14(f)); OR Method 320 in appendix A to 40 CFR part 63; OR the NCASI
Method
ISS/WP–A105.01
(IBR,
see
§ 63.14(f)); OR ASTM D6348–03 (IBR, see
40 CFR 63.14(b)) provided that percent R
as determined in Annex A5 of ASTM
D6348–03 is equal or greater than 70 percent and less than or equal to 130 percent.
E:\FR\FM\29JYP4.SGM
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TABLE 2B TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63.—EMISSION TEST METHODS—Continued
For . . .
You must . . .
Using . . .
6. Each process unit required to be tested according to table 2A to this appendix.
Measure emissions of benzene .......................
7. Each process unit that processes material
containing MDI resin required to be tested
according to table 2A to this appendix.
Measure emissions of MDI ..............................
8. Each direct-fired process unit a required to be
tested according to table 2A to this appendix.
Measure emissions of the following HAP metals: Arsenic, beryllium, cadmium, chromium,
lead, manganese, and nickel.
Meet the design specifications included in the
definition of wood products enclosure in
§ 63.2292 of subpart DDDD of 40 CFR part
63 or determine the percent capture efficiency of the enclosure directing emissions
to an add-on control device.
Method 18 in appendix A to 40 CFR part 60;
NCASI Method IM/CAN/WP–99.02 (IBR,
see 40 CFR 63.14(f)); OR Method 320 in
appendix A to 40 CFR part 63; OR ASTM
D6348–03 (IBR, see 40 CFR 63.14(b)) provided that percent R as determined in
Annex A5 of ASTM D6348–03 is equal or
greater than 70 percent and less than or
equal to 130 percent.
Method 320 in appendix A to 40 CFR part 63;
OR Conditional Test Method (CTM) 031
which is posted on https://www.epa.gov/ttn/
emc/ctm.html.
Method 29 in appendix A to 40 CFR part 60.
9. Each reconstituted wood product press or reconstituted wood product board cooler with a
HAP control device.
10. Each reconstituted wood product press or
reconstituted wood product board cooler required to be tested according to table 2A to
this appendix.
Determine the percent capture efficiency ........
11. Each process unit with a HAP control device required to be tested according to table
2A to this appendix.
Establish the site-specific operating requirements (including the parameter limits or
THC concentration limits) in table 2 to subpart DDDD.
a Excludes
Methods 204 and 204A through 204F of 40
CFR part 51, appendix M to determine capture efficiency (except for wood products
enclosures as defined in § 63.2292). Enclosures that meet the definition of wood products enclosure or that meet Method 204 requirements for a PTE are assumed to have
a capture efficiency of 100 percent. Enclosures that do not meet either the PTE requirements or design criteria for a wood
products enclosure must determine the capture efficiency by constructing a TTE according to the requirements of Method 204
and applying Methods 204A through 204F
(as appropriate). As an alternative to Methods 204 and 204A through 204F, you may
use the tracer gas method contained in appendix A to subpart DDDD.
A TTE and Methods 204 and 204A through
204F (as appropriate) of 40 CFR part 51,
appendix M. As an alternative to installing a
TTE and using Methods 204 and 204A
through 204F, you may use the tracer gas
method contained in appendix A to subpart
DDDD. Measured emissions divided by the
capture efficiency provides the emission
rate.
Data from the parameter monitoring system or
THC CEMS and the applicable performance
test method(s).
direct-fired process units fired with only natural gas or propane.
21. Revise Table 3 to read as follows:
TABLE 3 TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63.—MAXIMUM ALLOWABLE TOXICITY-WEIGHTED
CARCINOGEN EMISSION RATE (LB/HR)/(µG/M3)
Stack
height
(m)
0
50
100
150
200
Distance to property boundary (m)
250
500
1000
1500
2000
3000
5000
5 ............
10 ..........
20 ..........
30 ..........
40 ..........
50 ..........
60 ..........
70 ..........
80 ..........
100 ........
200 ........
8.72E–07
2.47E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
8.72E–07
2.47E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
8.72E–07
2.47E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
9.63E–07
2.47E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
1.25E–06
2.47E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
1.51E–06
2.61E–06
5.81E–06
7.74E–06
9.20E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
2.66E–06
3.58E–06
5.90E–06
8.28E–06
9.24E–06
1.02E–05
1.13E–05
1.23E–05
1.34E–05
1.52E–05
1.76E–05
4.25E–06
5.03E–06
7.39E–06
9.49E–06
1.17E–05
1.36E–05
1.53E–05
1.72E–05
1.92E–05
1.97E–05
2.06E–05
4.39E–06
5.89E–06
8.90E–06
1.17E–05
1.34E–05
1.53E–05
1.76E–05
2.04E–05
2.15E–05
2.40E–05
2.94E–05
4.39E–06
5.89E–06
9.97E–06
1.35E–05
1.51E–05
1.66E–05
1.85E–05
2.06E–05
2.31E–05
2.79E–05
3.24E–05
4.39E–06
5.89E–06
9.97E–06
1.55E–05
1.98E–05
2.37E–05
2.51E–05
2.66E–05
2.82E–05
3.17E–05
4.03E–05
5.00E–06
6.16E–06
1.12E–05
1.61E–05
2.22E–05
2.95E–05
3.45E–05
4.07E–05
4.34E–05
4.49E–05
5.04E–05
MIR=1E–06.
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Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 / Proposed Rules
22. Revise Table 4 to read as follows:
TABLE 4 TO APPENDIX B TO SUBPART DDDD OF 40 CFR PART 63.—MAXIMUM ALLOWABLE TOXICITY-WEIGHTED
NONCARCINOGEN EMISSION RATE (LB/HR)/(µG/M3)
Stack
height
(m)
Distance to property boundary (m)
0
50
100
150
200
250
500
1000
1500
2000
3000
5000
5 ............
10 ..........
20 ..........
30 ..........
40 ..........
50 ..........
60 ..........
70 ..........
80 ..........
100 ........
200 ........
2.51E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
2.51E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
3.16E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
3.16E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
3.16E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
3.16E–01
5.62E–01
1.43E+00
2.36E+00
3.11E+00
3.93E+00
4.83E+00
5.77E+00
6.74E+00
8.87E+00
1.70E+01
3.16E–01
5.62E–01
1.43E+00
2.53E+00
3.42E+00
4.49E+00
5.56E+00
6.45E+00
7.12E+00
8.88E+00
1.70E+01
3.46E–01
5.70E–01
1.43E+00
3.04E+00
4.04E+00
4.92E+00
6.13E+00
7.71E+00
9.50E+00
1.19E+01
2.05E+01
4.66E–01
6.33E–01
1.68E+00
3.04E+00
5.07E+00
6.95E+00
7.80E+00
8.83E+00
1.01E+01
1.37E+01
2.93E+01
6.21E–01
7.71E–01
1.83E+00
3.33E+00
5.51E+00
7.35E+00
1.01E+01
1.18E+01
1.29E+01
1.55E+01
3.06E+01
9.82E–01
1.13E+00
2.26E+00
4.45E+00
6.39E+00
8.99E+00
1.10E+01
1.36E+01
1.72E+01
2.38E+01
4.02E+01
1.80E+00
1.97E+00
3.51E+00
5.81E+00
9.63E+00
1.25E+01
1.63E+01
1.86E+01
2.13E+01
2.89E+01
4.93E+01
HI=1.
[FR Doc. 05–14532 Filed 7–28–05; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Proposed Rules]
[Pages 44012-44036]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14532]
[[Page 44011]]
-----------------------------------------------------------------------
Part IV
Environmental Protection Agency
-----------------------------------------------------------------------
40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Plywood and
Composite Wood Products; Proposed Rule
Federal Register / Vol. 70, No. 145 / Friday, July 29, 2005 /
Proposed Rules
[[Page 44012]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0048; FRL-7947-8]
RIN 2060-AM78
National Emission Standards for Hazardous Air Pollutants: Plywood
and Composite Wood Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
-----------------------------------------------------------------------
SUMMARY: On July 30, 2004, EPA promulgated national emission standards
for hazardous air pollutants (NESHAP) for the plywood and composite
wood products (PCWP) source category. Stakeholders expressed concern
with some of the final rule requirements, including definitions; the
emissions testing procedures required for facilities demonstrating
eligibility for the low-risk subcategory; stack height calculations to
be used in low-risk subcategory eligibility demonstrations; and
permitting and timing issues associated with the low-risk subcategory
eligibility demonstrations. In this action, EPA proposes amendments to
the final PCWP NESHAP to address these issues and to correct any other
inconsistencies that were discovered during the review process. This
action also clarifies some common applicability questions. We are
seeking comment on the provisions of the final PCWP rule outlined in
this action. We are not requesting comments addressing other provisions
of the final PCWP rule.
DATES: Comments. Comments must be received on or before September 12,
2005.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by August 8, 2005, a public hearing will be held on
August 15, 2005. For further information on the public hearing and
requests to speak, see the ADDRESSES section of this preamble.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
OAR-2003-0048 (Legacy Docket ID No. A-98-44) by one of the following
methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://www.epa.gov/edocket. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
EPA, Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
Hand Delivery: Air and Radiation Docket and Information
Center, EPA, Room B102, 1301 Constitution Avenue, NW., Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID No. OAR-2003-0048
(Legacy Docket ID No. A-98-44). EPA's policy is that all comments
received will be included in the public docket without change and may
be made available online at https://www.epa.gov/edocket, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
EDOCKET, regulations.gov, or e-mail. EPA EDOCKET and the Federal
regulations.gov websites are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through EDOCKET or regulations.gov, your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Public Hearing. If a public hearing is held, it will be held on
August 15, 2005 at the EPA facility, Research Triangle Park, NC or an
alternative site nearby. Persons interested in attending the hearing or
wishing to present oral testimony should notify Ms. Mary Tom Kissell at
least 2 days in advance of the public hearing (see FOR FURTHER
INFORMATION CONTACT section of this preamble). The public hearing will
provide interested parties the opportunity to present data, views, or
arguments concerning this proposed rule.
Docket. EPA has established an official public docket for today's
proposed amendments, including both Docket ID No. OAR-2003-0048 and
Legacy Docket ID No. A-98-44. The official public docket consists of
the documents specifically referenced in today's proposed amendments,
any public comments received, and other information related to the
proposed amendments. All items may not be listed under both docket
numbers, so interested parties should inspect both docket numbers to
ensure that they have received all materials relevant to today's
proposed amendments. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the Air
and Radiation Docket and Information Center, EPA, Room B102, 1301
Constitution Avenue, NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air and Radiation
Docket and Information Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For general and technical information,
and questions about the public hearing, contact Ms. Mary Tom Kissell,
Waste and Chemical Processes Group, Emission Standards Division,
Mailcode: C439-03, EPA, Research Triangle Park, NC 27711; telephone
number: (919) 541-4516; fax number: (919) 541-0246; e-mail address:
kissell.mary@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. General Information
A. Do these proposed amendments apply to me?
B. How do I submit CBI?
C. How do I obtain a copy of this document and other related
information?
II. Background
III. Summary of the Proposed Amendments
IV. Rationale for the Proposed Amendments
A. Amendments to Subpart DDDD of 40 CFR Part 63
B. Amendments to Appendix B to Subpart DDDD of 40 CFR Part 63
C. Other Amendments to the Rule
V. Additional Clarifications
A. Integrated Drying Systems Where Combustion Units That Heat
the Dryers Are Used as Control Devices
B. Applicability of the PCWP Rule to Hot Pressing of Veneers
onto a Substrate
[[Page 44013]]
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. General Information
A. Do these proposed amendments apply to me?
Categories and entities potentially affected by today's proposed
amendments include:
----------------------------------------------------------------------------------------------------------------
Category SIC code \a\ NAICS code \b\ Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.......................... 2421 321999 Sawmills with lumber kilns.
2435 321211 Hardwood plywood and veneer plants.
2436 321212 Softwood plywood and veneer plants.
2493 321219 Reconstituted wood products plants
(particleboard, medium density fiberboard,
hardboard, fiberboard, and oriented
strandboard plants).
2439 321213 Structural wood members, not elsewhere
classified (engineered wood products
plants).
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Industrial Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by today's
proposed amendments. To determine whether your facility is affected by
today's proposed amendments, you should examine the applicability
criteria in Sec. 63.2231 of the final rule. If you have questions
regarding the applicability of today's proposed amendments to a
particular entity, consult Ms. Mary Tom Kissell listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
B. How do I submit CBI?
Do not submit this information to EPA through EDOCKET,
regulations.gov, or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI in a disk or CD ROM that
you mail to 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 comment that includes information claimed as CBI, a copy of the
comment 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.
C. How do I obtain a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
today's proposed amendments also will be available on the World Wide
Web (WWW) through EPA's Technology Transfer Network (TTN). Following
the Administrator's signature, a copy of these proposed amendments will
be posted on the TTN's policy and guidance page for newly proposed
rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background
On July 30, 2004, we promulgated NESHAP for Plywood and Composite
Wood Products Manufacturing as subpart DDDD in 40 CFR part 63 (69 FR
45944). Subpart DDDD contains two appendices: an alternative procedure
for determining capture efficiency from hot press enclosures (appendix
A to subpart DDDD of 40 CFR part 63), and methodology and criteria for
demonstrating that an affected source is part of the low-risk
subcategory of PCWP manufacturing affected sources (appendix B to
subpart DDDD of 40 CFR part 63). Today we are proposing corrections and
clarifications to subpart DDDD and both of the appendices to subpart
DDDD. For subpart DDDD, we are proposing several changes to ensure that
the rule is implemented as intended: (1) Amend the sampling location
for coupled control devices; (2) amend language to clarify rule
applicability during unscheduled startups and shutdowns; (3) add
language to clarify rule applicability for affected sources with no
process units subject to compliance options or work practice
requirements; and (4) amend selected definitions. A minor numbering
error is proposed to be corrected in appendix A to subpart DDDD. The
majority of the amendments discussed in today's action are being
proposed for appendix B to subpart DDDD. We are proposing amendments to
appendix B to subpart DDDD to reduce the number of emissions tests
required while ensuring that emissions from all PCWP process units are
considered when demonstrating eligibility for the low-risk subcategory.
For emission points that would still require emission tests, we are
proposing that the emissions tests may be conducted after the low-risk
demonstration is submitted. We are also proposing that physical changes
necessary to ensure low risk may be completed after the low-risk
demonstration is submitted. We are proposing to clarify the calculation
of average stack height and some timing issues related to low-risk
demonstrations, including the deadline for submitting low-risk
demonstrations. Furthermore, we are proposing to amend subpart A to 40
CFR part 63 and subpart DDDD of 40 CFR part 63 and appendix B to
subpart DDDD to allow use of a new hazardous air pollutants (HAP) test
method developed by the National Council of the Paper Industry for Air
and Stream Improvement (NCASI).
Following promulgation of the PCWP rule, the Administrator received
a petition for reconsideration filed by the Natural Resources Defense
Council (NRDC) and Environmental Integrity Project (EIP) pursuant to
section 307(d)(7)(B) of the Clean Air Act (CAA).\1\ The petition
requested
[[Page 44014]]
reconsideration of nine aspects of the final rule: (1) Risk assessment
methodology; (2) background pollution and co-located emission sources;
(3) dose-response value used for formaldehyde; (4) costs and benefits
of the low-risk subcategory; (5) ecological risk; (6) legal basis for
the risk-based approach; (7) maximum achievable control technology
(MACT) compliance date for affected sources previously qualifying for
the low-risk subcategory; (8) startup, shutdown, and malfunction (SSM)
provisions; and (9) title V implementation mechanism for the risk-based
approach. With the exception of the petitioners' issue with the SSM
provisions in subpart DDDD of 40 CFR part 63, all of the petitioners'
issues relate to the risk-based approach adopted in the final rule. The
issues raised in the petition for reconsideration are broader in scope
than the issues addressed in today's proposed amendments. We have
published a separate notice of reconsideration to initiate rulemaking
by requesting comments on the issues in the petition for
reconsideration, including the full content of appendix B to subpart
DDDD. We intend to address all comments received on the notice of
reconsideration and today's proposed amendments by the time we finalize
the amendments.
---------------------------------------------------------------------------
\1\ In addition to the petition for reconsideration, four
petitions for judicial review of the final PCWP rule were filed with
the U.S. Court of Appeals for the District of Columbia by NRDC and
Sierra Club (No. 04-1323, D.C. Cir.), EIP (No. 04-1235, D.C. Cir.),
Louisiana-Pacific Corporation (No. 04-1328, D.C. Cir.), and Norbord
Incorporated (No. 04-1329, D.C. Cir.). The four cases have been
consolidated. In addition, the following parties have filed as
interveners: American Forest and Paper Association (AF&PA), Hood
Industries, Scotch Plywood, Coastal Lumber Company, Composite Panel
Association, APA-The Engineered Wood Association, American Furniture
Manufacturers Association, NRDC, Sierra Club, and EIP. Finally, the
Formaldehyde Council, Inc. and the State and Territorial Air
Pollution Program Administrators and Association of Local Air
Pollution Control Officials (STAPPA/ALAPCO) are participating in the
litigation as amicus curiae.
---------------------------------------------------------------------------
III. Summary of the Proposed Amendments
Today's proposed amendments to subpart DDDD of 40 CFR part 63 and
its appendices are summarized in table 1 of this preamble.
Table 1.--Summary of the Proposed Amendments
------------------------------------------------------------------------
Citation Change
------------------------------------------------------------------------
Sec. Sec. 63.2232(b) and Amend definition of ``affected source''
63.2292. to include the combustion unit exhaust
streams used to direct-fire process
units.
Sec. 63.2250(a)............ Amend the rule's language to clarify the
applicability of the compliance options
and operating requirements during
unscheduled startups and shutdowns.
Sec. 63.2252............... Add a section to clarify that process
units that are not subject to compliance
options or work practice requirements
(e.g., lumber kilns) are excluded from
the performance testing, monitoring, SSM
plan, recordkeeping, and reporting
requirements, except for the initial
notification requirements.
Sec. 63.2262(d)(1)......... Allow testing between a wet control
device followed by a HAP control device.
Sec. 63.2269(c)............ Amend section to correct numbering of
cross-referenced paragraphs.
Sec. 63.2292............... Amend the definition of ``tube dryer'' to
clarify that heat is applied in the
dryer to reduce the moisture content of
the wood fibers or particles. Amend the
definition of ``plywood and composite
wood products manufacturing facility''
to clarify the products covered by
subpart DDDD. Amend the definition of
``plywood'' to clarify that plywood
products may be curved or flat. Add
definitions of ``molded particleboard''
and ``engineered wood product.''
Sec. 63.2292 and Appendix Move the definition of ``direct-fired
B, section 15. process unit'' from section 15 of
appendix B to subpart DDDD to Sec.
63.2292 of subpart DDDD.
Table 4, Lines 6-8........... Allow NCASI Method ISS/FP-A105.01 for
testing of formaldehyde, methanol, and
total HAP.
Table 4, line 10 and Appendix Clarify that measured emissions divided
B, Table 2, line 10. by the capture efficiency provides the
emission rate for unenclosed and
uncontrolled presses and board coolers.
Appendix A, section 10....... Correct misnumbering of sections 10.4 and
10.5.
Appendix B, sections 4(a), Amend terminology to refer to ``emission
5(a), 6(a) through (c), and point'' instead of ``process unit.''
Equations 1 and 2.
Appendix B, section 5(a) and Add Table 2A and conforming text
Table 2A. specifying which process units must be
tested and which process units may use
emission factors or engineering
estimates to estimate emissions.
Appendix B, section 5(f)(1).. Add reference to NCASI IM/CAN/WP 99.02,
EPA Method 18, and NCASI Method ISS/FP-
A105.01.
Appendix B, section 5(f)(2).. Allow use of other EPA Method 29
laboratory analysis procedures with
detection limits equal to or lower than
atomic absorption spectroscopy (AAS)
when claiming zero for non-detect HAP
metals measurements.
Appendix B, section 5(i)..... Allow use of previous emissions test
results (e.g., NCASI IM/CAN/WP 99.01).
Appendix B, section 5(j)..... Allow only one of multiple similar
process units at a plant site to be
tested (e.g., one of three veneer dryers
at a plant).
Appendix B, section 5(k)..... Specify requirements for developing
emissions estimates according to Table
2A.
Appendix B, section 6(a)..... Amend to clarify that section 6(a)
applies when emissions estimation or
testing is performed.
Appendix B, section 6(a)..... Add equations for calculation of
carcinogen and non-carcinogen weighted-
average stack height.
Appendix B, sections 6(b), Amend to clarify that weighted-average
6(c), 8(b)(1), and 8(b)(3). stack height calculations must be used.
Appendix B, section 7(a)..... Amend to correct Web site address
Appendix B, section 8(a)(3).. Require submittal of emissions estimate
calculations with low-risk
demonstrations.
Appendix B, section 10(a).... Amend date for existing sources to
conduct emissions tests and to submit
demonstrations of eligibility for the
low-risk subcategory.
Appendix B, section 10(c).... Amend date for new sources to conduct
emissions tests and to submit
demonstrations of eligibility for the
low-risk subcategory.
Appendix B, section 11(b).... Amend to clarify that the parameters that
defined the affected source as part of
the low-risk subcategory must be
submitted for incorporation into its
title V permit, as opposed to having the
permit revised before the MACT
compliance date.
Appendix B, section 15....... Add definitions of various process units
not defined in subpart DDDD and move
definition of ``direct-fired process
unit'' to Sec. 63.2292.
[[Page 44015]]
Appendix B, Table 2.......... Renumber as Table 2B. Replace footnote 1
related to benzene and acrolein testing
with a footnote noting that direct-fired
process units fired with only natural
gas or propane are exempt from HAP
metals testing.
Appendix B, Table 2, line 5.. Allow NCASI Method ISS/FP-A105.01 for
testing of acetaldehyde, acrolein,
formaldehyde, and phenol.
Appendix B, Table 2, line 6.. Allow use of NCASI IM/CAN/WP 99.02 or EPA
Method 18 (40 CFR part 60, appendix A)
for benzene testing.
Appendix B, Table 3.......... Change column heading to ``distance to
property boundary.''
Appendix B, Tables 3 and 4... Delete footnote regarding units of
measure.
------------------------------------------------------------------------
IV. Rationale for the Proposed Amendments
A. Amendments to Subpart DDDD of 40 CFR Part 63
1. Sampling Location
It is common in the PCWP industry for multiple add-on control
devices to be used in series (e.g., a wet electrostatic precipitator
(WESP) for control of particulate matter (PM) followed by a thermal
oxidizer for control of organic HAP and volatile organic compounds
(VOC)). Some types of PM control devices have no effect on HAP
emissions, including cyclones, multiclones, and baghouses. Wet control
devices such as wet scrubbers and WESP are used primarily for PM
control but may also affect (either positively or negatively) HAP
emissions. The proposed rule did not specify where inlet sampling sites
should be located when the HAP control device is preceded by a wet
scrubber or WESP. As a result of industry comments on the proposed
rule, Sec. 63.2262(d)(1) of the final PCWP rule requires that, ``* * *
for HAP-altering controls in sequence, such as a wet control device
followed by a thermal oxidizer, sampling sites must be located at the
functional inlet of the control sequence (e.g., prior to the wet
control device) and at the outlet of the control sequence (e.g.,
thermal oxidizer outlet) and prior to any releases to the atmosphere.''
Following signature of the final rule, a stakeholder experienced
with testing PCWP process units indicated that some coupled control
systems are configured such that obtaining representative emissions
measurements at sampling locations prior to the wet control device is
not possible (e.g., inlet sampling locations fail to meet the criteria
in Method 1 of 40 CFR part 60, appendix A). However, representative
sampling could be accomplished at the outlet to the wet control device
and inlet to the organic HAP control device. For those situations where
coupled control systems are used to meet a compliance option that
requires inlet sampling, we agree that sampling at the inlet of the HAP
control device is sufficient and are proposing to amend the language in
Sec. 63.2262(d)(1) to allow this alternative.
2. Definitions
Tube dryer. Unlike in the proposed PCWP rule, primary tube dryers
and secondary tube dryers are treated as separate process units in the
final rule as a result of public comments received on the proposed rule
(see 69 FR 45961-45962, July 30, 2004). Definitions of primary tube
dryer and secondary tube dryer were added to the final rule to
distinguish between the two types of tube dryers. The final rule also
contains an associated definition of ``tube dryer,'' which is the same
definition that was proposed. Following signature of the final rule,
some industry representatives expressed concern that the definitions of
tube dryer and secondary tube dryer could be misinterpreted to include
ductwork used to pneumatically transfer hot wood furnish from a primary
tube dryer to a holding bin, even though no heat is applied to the
furnish as would occur for a secondary tube dryer. The promulgated
definition indicates that the tube dryer is ``* * * operated at
elevated temperature and used to reduce the moisture of wood * * *''
(which could occur with hot material passing though a duct even if no
heat is applied). Given that tube dryers look like ductwork, we agree
that this could be confusing to permitting authorities. To prevent
misinterpretations and clarify that heat is applied in the tube dryer,
we are proposing to amend the definition of ``tube dryer'' to replace
the words ``operated at elevated temperature and used'' with ``operated
by applying heat.''
Affected source. Following Administrator signature of the final
PCWP rule, it was brought to our attention that applicability of the
final PCWP rule and the Industrial/Commercial/Institutional Boilers and
Process Heaters NESHAP (40 CFR part 63, subpart DDDDD; referred to as
the ``Boilers/Process Heaters rule'' throughout the remainder of this
preamble) was unclear with respect to combustion units that direct-fire
dryers. When a combustion unit supplies heat by directly exhausting
combustion gas through a dryer, we would consider the dryer to be a
``direct-fired dryer.'' The HAP emissions from a direct-fired dryer are
actually a combination of the emissions from the combustion unit
exhausting into the dryer and the emissions that result from drying the
wood. Because the final PCWP rule regulates emissions from direct-fired
dryers, those combustion unit exhaust streams that direct-fire dryers
would not be subject to the requirements of the final Boilers/Process
Heaters rule. Section 63.7491(l) of the final Boilers/Process Heaters
rule states that any boiler or process heater specifically listed as an
affected source in another standard under 40 CFR part 63 is not subject
to the Boilers/Process Heaters rule. Confusion has resulted because the
PCWP affected source definition contains no mention of combustion units
(e.g., boilers or process heaters). To clarify applicability of the
final PCWP rule, we are proposing to amend the definition of ``affected
source'' to clearly state that combustion unit exhaust streams used to
direct-fire dryers are part of the PCWP affected source.
Our proposed amendment to the definition of ``affected source''
specifically refers to ``any combustion unit exhaust stream'' rather
than to individual combustion units. There are numerous configurations
of combustion units and drying operations in the PCWP industry
including, for example, suspension burners that are built into
individual dryers and stand-alone combustion units. Stand-alone
combustion units can have several exhaust streams including, for
example, exhaust streams that directly fire multiple dryers and exhaust
streams that provide heat for other uses (e.g., indirect heat for a
thermal oil heater). The exhaust streams that directly fire dryers
would be part of the PCWP
[[Page 44016]]
affected source because the combustion gases come into direct contact
with the wood material, and the dryer exhaust is a mixture of
combustion gases and process gases. An exhaust stream that supplies
indirect heat for other uses would be part of the PCWP affected source
if it is eventually routed through the direct-fired dryers, such that
it too contacts the wood material and becomes a mixture of combustion
gases and process gases. However, if the indirect heat exhaust stream
does not routinely pass through the direct-fired dryers, then this
exhaust stream would be subject to the final Boilers/Process Heaters
rule. Thus, as stated in the preamble to the final PCWP rule (see 69 FR
45961 and 45963, July 30, 2004), there are combustion units in the PCWP
industry that can be subject to both the PCWP and Boilers/Process
Heaters final rules. We refer to ``combustion unit exhaust stream'' in
our proposed amendment to clarify that different exhaust streams must
be evaluated separately to determine applicability of the PCWP and
Boilers/Process Heaters final rules for those individual exhaust
streams.
Direct-fired process unit. In tandem with our proposed addition to
the definition of ``affected source,'' we are also proposing to move
the definition of ``direct-fired process unit'' from appendix B to
subpart DDDD to Sec. 63.2292 of subpart DDDD. Previously, the
definition of ``direct-fired process unit'' was only needed in appendix
B to subpart DDDD; however, since the proposed amendment to the
``affected source'' definition refers to direct firing, the definition
of ``direct-fired process unit'' would be needed for subpart DDDD as
well. Appendix B to subpart DDDD references all of the definitions in
Sec. 63.2292 of subpart DDDD.
Plywood and composite wood products manufacturing facility.
Following promulgation of the PCWP rule, we have received questions
regarding applicability of the final PCWP rule to facilities that
manufacture molded particleboard products. The promulgated definition
of ``plywood and composite wood products manufacturing facility'' has
caused some confusion because it does not specifically mention molded
particleboard manufacturing. Molded particleboard is produced by hot
pressing a mixture of wood particles and resin into a shape (e.g., a
pallet, furniture part, toilet seat, etc.) using a press mold uniquely
designed for the product. The press molds used for molded particleboard
products are designed very differently from the platen or continuous
presses used to manufacture conventional particleboard panels. Prior to
promulgation, we determined that MACT for particleboard press molds is
no emission reduction, and, therefore, there are no requirements in the
final PCWP rule for these press molds. However, molded particleboard
facilities can operate dry rotary dryers or green rotary dryers
identical to those operated by conventional particleboard plants.
Rotary dryers at molded particleboard manufacturing facilities were
included in the MACT determination for PCWP dry and green rotary
dryers. The final PCWP rule contains work practice requirements for dry
rotary dryers and control requirements for green rotary dryers. In
order to ensure that MACT is applied as intended for these dryers, we
are proposing to amend the definition of ``plywood and composite wood
products manufacturing facility'' to include molded particleboard
manufacturing. Note that only those molded particleboard manufacturers
that are major sources of HAP emissions are potentially affected by
this clarification to the definition of ``plywood and composite wood
products manufacturing facility.''
Several other applicability questions have been raised regarding
the definition of ``plywood and composite wood products manufacturing
facility.'' As promulgated, a ``plywood and composite wood products
manufacturing facility'' is ``a facility that manufactures plywood and/
or composite wood products by bonding wood material (fibers, particles,
strands, veneers, etc.) or agricultural fiber, generally with resin
under heat and pressure, to form a structural panel or engineered wood
product * * *.'' We have received several questions about the
applicability of the rule to products that are neither structural
panels nor engineered wood products. Although some products that may
not be considered structural panels or engineered wood products are
listed at the end of the definition of ``plywood and composite wood
products manufacturing facility'' (e.g., kiln-dried lumber), other
products that we intended to cover are not listed in this definition.
The phrase ``structural panel or engineered wood product'' was never
intended to be a basis of exclusion from the source category; instead,
it was intended to summarize the majority of products made at PCWP
manufacturing facilities. Certain products that typically would not be
considered either structural panels or engineered wood products were
included in the MACT floor analysis and are subject to the promulgated
rule. We propose to clarify our intent by amending the first sentence
of the definition of ``plywood and composite wood products
manufacturing facility'' to cover a wider variety of products.
Plywood. We also received questions regarding applicability of the
PCWP final rule to operations where veneer is glued (with heat and
pressure) to form a curved wood component or onto a curved wood
component rather than a flat panel. The promulgated definition of
``plywood'' is `` * * * a panel product consisting of layers of wood
veneers hot pressed together with resin. Plywood includes panel
products made by hot pressing (with resin) veneers to a substrate such
as particleboard, medium density fiberboard, or lumber.'' We did not
define ``panel product'' in the final rule; however, we intended for
the term to be interpreted broadly. We consider a product manufactured
by hot-pressing veneers together or onto a substrate with resin to be
plywood, regardless of the curvature of the end product. We propose to
amend the definition of ``plywood'' to clarify our intent. There are no
control requirements or work practice requirements for plywood pressing
operations in the final PCWP rule. Therefore, facilities manufacturing
products that meet the definition of ``plywood'' in the final rule (but
have no other operations subject to the control, work practice, or
operating requirements in the final PCWP rule) need only to submit an
initial notification stating that they have no equipment subject to the
rule (as discussed in the next section of this preamble).
Molded particleboard. To supplement our proposed addition of molded
particleboard manufacturing to the definition of ``plywood and
composite wood products manufacturing facility,'' we are also proposing
to add a definition of ``molded particleboard'' to subpart DDDD of 40
CFR part 63.
Engineered wood products. Following promulgation of the PCWP rule,
we received several applicability questions regarding engineered wood
products. To assist stakeholders in determining what products we
consider to be engineered wood products, we are proposing to add a
definition of ``engineered wood product'' to subpart DDDD of 40 CFR
part 63.
3. Affected Sources With No Process Units Subject to the Compliance
Options or Work Practice Requirements
Following promulgation, we received several questions regarding
applicability of general recordkeeping and reporting
[[Page 44017]]
requirements for affected sources with no equipment subject to specific
requirements in the final rule. To clarify our intent in the final
rule, we are proposing to add to subpart DDDD of 40 CFR part 63 a new
section 63.2252, entitled ``What are the requirements for process units
that have no control or work practice requirements?'' The proposed
section states that you are not required to comply with the compliance
options, work practice requirements, performance testing, monitoring,
SSM plans, and recordkeeping or reporting requirements of this subpart,
or any other requirements in subpart A of this part, except for the
initial notification requirements in Sec. 63.9(b), for process units
not subject to the compliance options or work practice requirements
specified in Sec. 63.2240. Thus, affected sources without process
units subject to the compliance options or work practice requirements
(for example, lumber kilns, glue-laminated beams, or wood I-joists)
would not be subject to the performance testing requirements,
monitoring requirements, SSM plan requirements, and recordkeeping or
reporting requirements of subpart DDDD, or any other requirements in
subpart A of 40 CFR part 63. The proposed amendment is appropriate
because no reports other than the initial notification would apply to
these process units. The SSM plan is not necessary or required for
process units not subject to specific requirements of the final rule
because Sec. 63.6(e)(3) of subpart A of this part requires an affected
source to develop an SSM plan for process units subject to and control
equipment used to comply with the relevant standard. The final PCWP
rule was not intended to require anything other than the initial
notification for process units not subject to the compliance options or
work practice requirements.
4. Incorporation by Reference of NCASI Test Methods
With today's action, we are proposing to amend 40 CFR 63.14 by
revising paragraph (f) to incorporate by reference one test method
developed by the NCASI, pending review by EPA: Method ISS/FP-A105.01,
Impinger Source Sampling Method for Selected Aldehydes, Ketones, and
Polar Compounds. The method is available from the NCASI, Methods
Manual, P.O. Box 133318, Research Triangle Park, NC 27709-3318 or at
https://www.ncasi.org. It is also available from the docket for the
proposed amendments (Docket ID No. OAR-2003-0048).
The NCASI Method ISS/FP-A105.01 was developed as an additional test
method for measuring total HAP that may be used for high-moisture
sources. The NCASI Method ISS/FP-A105.01 is not appropriate for
measurement of benzene. In today's proposed amendments, NCASI Method
ISS/FP-A105.01, which is a self-validating method, would be allowed,
pending our review, as an alternative to:
EPA Method 320, Measurement of Vapor Phase Organic and
Inorganic Emission by Extractive FTIR, for measuring methanol,
formaldehyde, acetaldehyde, acrolein, phenol or total HAP;
EPA Method 0011, Sampling for Selected Aldehyde and Ketone
Emissions from Stationary Sources, for measuring formaldehyde;
EPA Method 316, Sampling and Analysis for Formaldehyde
Emissions from Stationary Sources in the Mineral Wool and Wool
Fiberglass Industries, for measuring formaldehyde;
EPA Method 308, Procedure for Determination of Methanol
Emission from Stationary Sources, for measuring methanol;
NCASI Method CI/WP-98.01, Chilled Impinger Method for Use
at Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol,
for measuring formaldehyde or methanol; and
NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source
Sampling Method for Selected HAPs at Wood Products Facilities, for
measuring methanol, formaldehyde, acetaldehyde, acrolein, phenol or
total HAP.
B. Amendments to Appendix B to Subpart DDDD of 40 CFR Part 63
1. Addition of Emissions Estimation Procedures
Appendix B to subpart DDDD provides the methodology and criteria
for demonstrating that your affected source is part of the low-risk
subcategory of PCWP manufacturing facilities. As promulgated, appendix
B to subpart DDDD requires emissions testing of all PCWP process units
for up to 13 HAP. Table 2 of this preamble summarizes the process units
that must be tested for each HAP and the emissions test methods
specified in appendix B to subpart DDDD, as promulgated, for each HAP.
Table 2.--Emissions Test Methods Specified in Appendix B to Subpart
DDDD, as Promulgated
------------------------------------------------------------------------
Specified test
HAP Process units method(s)
------------------------------------------------------------------------
Acetaldehyde, acrolein, All process units... NCASI IM/CAN/WP-
formaldehyde, phenol. 99.02 or EPA Method
320 or ASTM D6348-
03.
Benzene..................... All process units... EPA Method 320 or
ASTM D6348-03.
Methylene diphenyl Presses that process EPA Method 320 or
diisocyanate (MDI). board containing Conditional Test
MDI resin. Method 031.
Arsenic, beryllium, cadmium, Direct-fired process EPA Method 29.
chromium, lead, nickel, units.
manganese.
------------------------------------------------------------------------
Notes: EPA Method 320 is located in 40 CFR part 63, appendix A. EPA
Method 29 is located in 40 CFR part 60, appendix A. The NCASI IM/CAN/
WP-99.02 and ASTM D6348-03 were incorporated by reference (see 40 CFR
63.14) and Conditional Test Method 031 is posted at https://www.epa.gov/
ttn/emc/ctm.html.
Following promulgation, stakeholders commented that emissions
testing is not feasible or necessary for every process unit. The
stakeholders claimed that many PCWP process units are not configured
for emissions testing and that testing of every type of PCWP process
unit (especially those with insignificant emissions) is not necessary
to ensure an accurate assessment of risk. In addition, the stakeholders
stated that requiring emissions testing for acrolein and benzene from
all PCWP process units is not justified by the available data, which
show that emissions of acrolein and benzene are frequently not detected
in the exhausts from many types of PCWP process units. The stakeholders
also requested that HAP metals emissions testing be limited to those
direct-fired process units that fire fuels other than natural gas and
that fuel analysis be allowed as an alternative to HAP metals emissions
testing.
Selection of Process Units to be Included in Low-risk
Demonstration. EPA has determined that every process
[[Page 44018]]
unit with potentially significant emissions, including very small
emission sources, must be included in the low-risk demonstration
because the low-risk demonstration is based on the cumulative risk from
the process units within the PWCP affected source. Generally, this
means that EPA has included all process units with any detectable
emissions. However, we wanted to determine if costs could be lowered
without affecting the quality of the emission estimates. So, we
explored the feasibility of testing each type of PCWP process unit and
available emissions estimation methods. We must ensure an accurate
emissions determination for the affected source, given that the purpose
of the low-risk demonstration is to certify that a PCWP affected source
poses a risk to human health and the environment less than the low-risk
criteria specified in appendix B to subpart DDDD \2\ and is eligible to
become exempt from MACT compliance requirements. Therefore, for
purposes of the low-risk demonstration, we prefer to have emissions
test data over emissions estimates when emissions test data can be
reasonably obtained.
---------------------------------------------------------------------------
\2\ To be considered low risk, the PCWP affected source must
meet the following criteria: (1) The maximum off-site individual
lifetime cancer risk at a location where people live is less than
one in one million for carcinogenic chronic inhalation effects; (2)
every maximum off-site target-organ specific hazard index (TOSHI)
(or, alternatively, an appropriately site-specific set of hazard
indices based on similar or complementary mechanisms of action that
are reasonably likely to be additive at low dose or dose-response
data for your affected source's HAP mixture) at a location where
people live is less than or equal to 1.0 for noncarcinogenic chronic
inhalation effects; and (3) the maximum off-site acute hazard
quotients for acrolein and formaldehyde are less than or equal to
1.0 for noncarcinogenic acute inhalation effects.
---------------------------------------------------------------------------
We believe that it is feasible to perform emissions testing for the
following types of PCWP process units: Fiberboard mat dryers (heated
and cooling zones), green rotary dryers, hardboard ovens, press
predryers, pressurized refiners, primary tube dryers, secondary tube
dryers, reconstituted wood product board coolers, reconstituted wood
product presses, softwood veneer dryers (heated zones), rotary strand
dryers, conveyor strand dryers (all zones), dry rotary dryers, veneer
redryers (heated by conventional means), hardwood veneer dryers (heated
zones), rotary agricultural fiber dryers, agricultural fiber board
presses, paddle-type particle dryers, agricultural fiberboard mat
dryers, and atmospheric refiners. Therefore, emissions testing would
continue to be required for all of the above listed process units. Most
of the process units listed above have control or work practice
requirements under subpart DDDD.
We believe that emissions testing is not feasible for the following
types of process units: Fiberboard mat dryers (fugitive emissions),
softwood veneer dryer (cooling zones and fugitive emissions), hardwood
veneer dryers (cooling zones), radio-frequency veneer redryers,
softwood plywood presses, hardwood plywood presses, engineered wood
products presses, humidifiers, formers, blenders, sanders, saws, fiber
washers, chippers, log vats, lumber kilns, storage tanks, wastewater
operations, stand-alone digesters, veneer kilns, particleboard press
molds, and particleboard extruders. Some of these process units are
vented primarily for dust control and reclaim of process materials, and
their venting systems are not designed for flow measurement or
measurement of organic gases. Some of the process units are not vented
(i.e., are fugitive emissions sources) or are only partially vented.
The configuration of these process units, in terms of how and if they
vent to the atmosphere, varies significantly from plant to plant.
Often, the emission points from these process units (where defined
emission points exist) are not configured such that EPA Method 1 or EPA
Method 2 (40 CFR part 60, appendix A) criteria for selection of
sampling ports and measurement of gas velocity could be met. Emissions
data are available from an extensive emissions testing program where
testable units in several of the process unit groups were identified.
These emissions data (along with other available data collected during
NESHAP development) have been used to develop emission factors. Almost
all of the test data were reviewed by industry experts. All the data,
except the lumber kiln data, were reviewed by EPA, were available for
the public to review at proposal, and were available for public review
during EPA's AP-42 review process. (See legacy docket A-98-44, items
titled ``Emission Factor Documentation for AP-42 Section 10.5, Plywood
Manufacturing,'' ``Emission Factor Documentation for AP-42 Section
10.6.3,'' ``Medium Density Fiberboard Manufacturing,'' ``Emission
Factor Documentation for AP-42 Section 10.6.2,'' ``Particleboard
Manufacturing,'' ``Emission Factor Documentation for AP-42 Section
10.6.1,'' ``Waferboard/Oriented Strandboard Manufacturing,'' and
``Documentation of Emission Factor Development for the Plywood and
Composite Wood Products Manufacturing NESHAP.'') In addition, the
lumber kiln data are now available in ``Procedures for Determining
Emissions from Plywood and Composite Wood Products Process Units for
Low-Risk Demonstrations.'' Therefore, as discussed later in this
section, we are proposing to allow that emission factors be used to
estimate emissions from the hard-to-test process units for purposes of
the PCWP low-risk demonstrations. Other emissions estimation methods
(e.g., engineering estimates) are proposed to be allowed for hard-to-
test process units for which no emission factors are available.
Based on the available data, three types of process units
(miscellaneous coating operations, softwood veneer dryer fugitive
emissions, and log chipping operations) are hard to test but do not
emit any of the HAP listed in appendix B to subpart DDDD. Thus,
miscellaneous coating operations, softwood veneer dryer fugitive
emissions, and log chipping operations would not need to be considered
in the low-risk demonstration, under the proposed amendments.
There may be additional ancillary PCWP process units for which no
HAP data are available (e.g., log storage piles and material handling
operations). Such processes are likely to be hard to test. No
information is available to conclude that there are appendix B to 40
CFR part 63 HAP emissions from other PCWP processes not mentioned
elsewhere in today's proposed amendments. Nevertheless, in the event
that there may be an additional HAP emissions source within the PCWP
affected source that is not listed elsewhere in appendix B to subpart
DDDD, a category of ``other ancillary processes that emit appendix B
HAP emissions'' is proposed to be added to appendix B to subpart DDDD,
and engineering estimates for all of the appendix B HAP would be
allowed for such processes. We request comment (and emissions data, if
available) regarding any PCWP emissions sources not listed in appendix
B to subpart DDDD that are known to emit appendix B HAP emissions. It
is not our intent to require quantification of emissions for ancillary
processes that do not emit appendix B HAP. Our intent with the category
of ``other ancillary processes that emit appendix B HAP emissions'' is
to capture unique equipment (e.g., a one-of-a-kind dryer) that could
reasonably be expected to emit appendix B HAP, but is not otherwise
covered in the process unit definitions provided in subpart DDDD of 40
CFR part 63 and appendix B to subpart DDDD. Therefore, we request
comment on whether it would be appropriate to include a list of
``insignificant
[[Page 44019]]
activities'' for purposes of appendix B to subpart DDDD. We also
request comment on what activities should be included in such a list.
Commenters may want to refer to a list of proposed insignificant
activities in the docket which was submitted by AF&PA, titled
``Proposed Categorical Insignificant Sources.''
To incorporate emissions estimation procedures, our proposed
amendment to appendix B to subpart DDDD would add a table (table 2A to
appendix B to subpart DDDD) that states for each process unit whether
emissions testing is required or emissions estimation is allowed for
each of the appendix B HAP. If emissions estimates are allowed, then
the proposed table 2A to appendix B to subpart DDDD would specify the
emission factor (or other emissions estimation technique) to be used in
developing the emissions estimates. Related text is proposed to be
added to sections 5(a) and 5(k) of appendix B to subpart DDDD. Section
6(a) of appendix B to subpart DDDD is also being amended to clarify
that it applies when emissions estimation or testing is performed. We
are proposing to add definitions of process units not already defined
in subpart DDDD to section 15 of appendix B to subpart DDDD. In
addition, we are proposing to add text to section 8(a)(3) of appendix B
to subpart DDDD to specify that emissions estimate calculations must be
submitted with the low-risk demonstration.
Selection of Emissions Estimation Procedures. As mentioned
previously, emission factors could be used under the proposed
amendments to estimate emissions from most of the hard-to-test process
units. To streamline completion and review of the low-risk
demonstrations, our proposed amendment to appendix B to subpart DDDD
specifies emission factors that are to be used in low-risk
demonstrations. We are not proposing to allow facilities to choose
their own emission factors (from AP-42 or elsewhere) because we believe
we have the most extensive collection of PCWP HAP emissions data
available and because additional time would be required for EPA to
verify the emission factors selected for each process unit. The
emission factors proposed to be included in appendix B to subpart DDDD
are the maximum emission factors available for each type of process
unit (i.e., the emission factor resulting from the highest emissions
test). Use of the maximum emission factor builds conservatism into the
emissions estimates to help account for unit-to-unit variability and
ensures protection of human health. In addition, the maximum emission
factor is available for all process units for which we have sufficient
data. While we believe the maximum emission factor is the best
statistical approach as explained above, we request comment on using
other statistical approaches. Facilities approaching the limits of the
low-risk criteria may refine their analysis of HAP emitted by
reconfiguring their process unit, if possible, and conducting emissions
testing.
Estimation of emissions would be allowed for acetaldehyde,
acrolein, formaldehyde, phenol, and benzene. In addition, estimation of
methylene diphenyl diisocyanate (MDI) emissions would be allowed for
process units processing material containing MDI resin. Except for
lumber kilns, estimation of HAP metals emissions is not necessary
because the hard-to-test process units are heated by means other than
direct firing (if heated at all). In some cases, a particular HAP
listed on appendix B to subpart DDD was not detected in any emissions
test run conducted for a process unit type. We are proposing that no
emissions estimate be developed for HAP that have not been detected
from a process unit group because the available emission factors are
based on values equal to one-half of the method detection limit (MDL)
and are of limited use. Engineering estimates are proposed in some
cases where all of the data are non-detect but the available data sets
are small, and it is reasonable to believe that a particular HAP could
be emitted. In some cases, no applicable emission factor is available
for certain HAP and process unit combinations where we expect the HAP
could be detected (e.g., phenol from oriented strandboard (OSB)
blenders and MDI from MDI blenders). We are proposing to accept
engineering estimates based on information available to the facility in
cases where no applicable emission factor is available for a HAP that
may reasonably be expected to be emitted from a certain type of process
unit.
Our data base of emission factors does not include emission factors
for lumber kilns. It is difficult to measure emissions from lumber
kilns due to kiln air flow design, fugitive emissions, and the lengthy
kiln batch cycle (e.g., 24 hours for softwood kilns, days for hardwood
kilns). Therefore, little emissions test data are available for use in
developing HAP emission factors for lumber kilns. Methods for
quantifying lumber kiln flow rates vary from test to test. Most of the
emissions test data that are available (generally total hydrocarbon
(THC) data) contain calculated flow rates or other assumptions that
bring the validity of the data into question. A few tests have been
conducted on both small- and full-scale lumber kilns to determine
emissions of HAP (generally formaldehyde and methanol). We reviewed
available information on lumber kiln emissions and selected the maximum
emission factors of HAP listed in appendix B to subpart DDDD from the
literature. Today, we are proposing these emission factors for purposes
of estimating lumber kiln emissions for the low-risk demonstration.
Engineering estimates of HAP metals emissions are proposed for direct-
fired lumber kilns. While emissions testing of full-scale lumber kilns
has proven to be very difficult, studies have shown that testing of
small-scale lumber kilns can be used to reasonably approximate
emissions from full-scale lumber kilns if representative lumber samples
are dried and the venting characteristics of the small-scale kiln mimic
those of the full-scale kiln. Several U.S. universities and private
laboratories operate small-scale kilns. To approximate emissions from
full-scale kilns, a representative sample of lumber is taken from the
full-scale kiln facility, packaged to prevent moisture loss, and
shipped to the location of the small-scale kiln where the full-scale
kiln's drying cycle (e.g., time and temperatures) is mirrored during
emissions testing. Small-scale kilns are designed for more accurate air
flow measurement and are less costly to test. In addition to proposing
emission factor estimates based on the available information, we
request comment on whether it would be appropriate to allow facilities
to commission emissions testing at a representative small-scale lumber
kiln for purposes of the low-risk demonstration. We also request
comment on any standard procedures for submitting lumber samples and
conducting small-scale kiln emissions testing that should be
incorporated into or referenced by appendix B to subpart DDDD. When
submitting comments on standard procedures, please refer to a document
in the docket entitled ``Considerations for a Small-scale Kiln Emission
Testing Program.''
Emission factors are not available for PCWP resin storage tanks and
PCWP wastewater/process water operations. For resin storage tanks, we
are proposing to specify in appendix B to subpart DDDD that facilities
may apply the maximum emissions estimates reported in our MACT survey
responses for each tank (depending on the tank contents). We are
proposing to specify that facilities generate engineering estimates of
appendix B HAP emissions
[[Page 44020]]
from wastewater/process water operations. Alternatively, we have
developed computer models for estimating emissions from storage tanks
(TANKS) and wastewater/process water operations (WATER9). Both models
are available at https://www.epa.gov/ttn/chief/software/. The
proposed amendments to appendix B to subpart DDDD allow facilities to
use these models to develop more refined estimates of emissions from
resin storage tanks and wastewater/process water operations. We also
request comment on other methods that could be used in appendix B to
subpart DDDD to quantify emissions from wastewater/process water
operations, such as the approach outlined in forms VII and VIII of
appendix C to 40 CFR part 63 and described further with respect to the
PCWP industry in the supporting information for today's proposed
amendments.
Application of Emissions Estimation Procedures. To apply emission
factors, facilities would need the emission factor (in terms of pounds
of HAP per process unit throughput) supplied in appendix B to subpart
DDDD and their site-specific process unit throughput. None of the hard-
to-test process units are equipped with HAP control devices; therefore,
control efficiency is not a variable in the emission factor estimates
for low-risk demonstrations. Facilities may also use process unit
throughput or other parameters in their engineering estimates allowed
where emission factors were not available.
Process unit throughput could be based on process unit capacity or
actual throughput. Section 11 of appendix B to subpart DDDD requires
facilities to incorporate parameters that define the affected source as
part of the low-risk subcategory (including production rate) as
federally enforceable limits in their title V permits. Furthermore,
according to section 13(a) of appendix B to subpart DDDD, facilities
must certify with their ongoing title V certifications that the basis
for their low-risk demonstrations have not changed (including any
process changes that would increase HAP emissions, such as a production
rate increase). Given these requirements, we are proposing to allow
facilities to use the process unit throughput that they wish to
incorporate into their title V permit in their emissions estimates for
the low-risk demonstration. We decided not to mandate use of process
unit capacity for the emissions estimations in order to give facilities
the flexibility to choose a federally enforceable permit limit on their
production rate should they wish to minimize emissions by limiting
production.
Some PCWP process units have multiple emissions points of varying
height. For purposes of the low-risk demonstration, it is necessary to
have an emission rate and emissions release parameters (e.g., stack
height) associated with each emission point. Thus, we are proposing
that emissions estimates developed for process units with multiple
emission points be divided evenly across the emission points. For
example, emissions estimated for a softwood plywood press with four
vents would be divided by four, with one-fourth of the estimated
emissions being assigned to each press v