National Emission Standards for Hazardous Air Pollutants: Wood Preserving Area Sources Technology Review; Technical Correction for Surface Coating of Wood Building Products, 14280-14290 [2023-04376]

Download as PDF 14280 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 8, 2023. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS List of Subjects in 40 CFR Part 52 Environmental Protection, Air Pollution Control, Incorporation by Reference, Intergovernmental Relations, Nitrogen Oxides, Ozone, Reporting and Recordkeeping Requirements, Volatile Organic Compounds. Dated: February 28, 2023. Daniel Blackman, Regional Administrator, Region 4. For the reasons stated in the preamble, EPA amends 40 CFR part 52 as follows: 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. In § 52.570, amend the table in paragraph (e) by adding an entry for ‘‘1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan) for the Macon Area’’ at the end of the table to read as follows: ■ § 52.570 * Identification of plan. * * (e) * * * * * EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area * * 1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance Plan) for the Macon Area. * * Bibb County and a portion of Monroe County. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY This final rule is effective on March 8, 2023. RIN 2060–AV27 National Emission Standards for Hazardous Air Pollutants: Wood Preserving Area Sources Technology Review; Technical Correction for Surface Coating of Wood Building Products Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This action finalizes the technology review (TR) conducted for the Wood Preserving Area Sources category regulated under national emission standards for hazardous air pollutants (NESHAP). While the Environmental Protection Agency (EPA) is making no changes to the existing standards as a result of the TR, this action establishes minor editorial and formatting changes to the Wood Preserving Area Sources NESHAP table SUMMARY: lotter on DSK11XQN23PROD with RULES1 The U.S. Environmental Protection Agency (EPA) has established a docket for this action under Docket ID No. EPA–HQ–OAR–2021–0133. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information (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 through https://www.regulations.gov/, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. The telephone number for the Public Reading Room is (202) 566–1744, and ADDRESSES: [EPA–HQ–OAR–2021–0133; FRL–8473–03– OAR] Jkt 259001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Explanation * * 3/8/2023, [Insert citation of publication]. DATES: 40 CFR Part 63 15:51 Mar 07, 2023 10/20/2021 EPA approval date of applicable general provisions. In addition, the EPA is finalizing technical corrections to the Surface Coating of Wood Building Products NESHAP. [FR Doc. 2023–04505 Filed 3–7–23; 8:45 am] VerDate Sep<11>2014 State submittal date/effective date * the telephone number for the EPA Docket Center is (202) 566–1742. Mr. Cyrus Ma, Sector Policies and Programs Division (mail code E143–03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 4210; and email address: Ma.Cyrus@ epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Preamble acronyms and abbreviations. Throughout this preamble the use of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here: CAA Clean Air Act CBI Confidential Business Information CCA Chromated Copper Arsenate CFR Code of Federal Regulations CRA Congressional Review Act EJ Environmental Justice EPA Environmental Protection Agency EST Eastern Standard Time GACT Generally Available Control Technology HAP Hazardous Air Pollutant(s) KM Kilometer E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations MACT Maximum Achievable Control Technology NESHAP National Emission Standards for Hazardous Air Pollutants NTTAA National Technology Transfer and Advancement Act OCSPP Office of Chemical Safety and Pollution Prevention OMB Office of Management and Budget OSHA Occupational Safety and Health Administration PRA Paperwork Reduction Act RFA Regulatory Flexibility Act TR Technology Review UMRA Unfunded Mandates Reform Act Background information. On March 7, 2022, the EPA proposed revisions to the Wood Preserving Area Sources NESHAP based on our TR. In this action, we are finalizing decisions and revisions for the rule. We summarize comments we received regarding the proposed rule and provide our responses in this preamble. A ‘‘track changes’’ version of the regulatory language that incorporates the changes in this action is available in the docket (docket ID No. EPA–HQ–OAR–2021–0133). Organization of this document. The information in this preamble is organized as follows: I. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. Judicial Review and Administrative Reconsideration II. Background A. What is the statutory authority for this action? B. What is the Wood Preserving Area Sources source category and how does the NESHAP regulate HAP emissions from the source category? C. What changes did we propose for the Wood Preserving Area Sources source category in our March 7, 2022, proposal? III. What is included in this final rule? A. What are the final rule amendments based on the technology review for the Wood Preserving Area Sources source category? B. What other changes are we finalizing in the NESHAP for Wood Preserving Area Sources? C. What are the technical corrections to the NESHAP for Surface Coating of Wood Building Products? IV. What is the rationale for our final decisions and amendments for the Wood Preserving Area Sources source category and the technical corrections to the NESHAP for Surface Coating of Wood Building Products? A. Technology Review for the Wood Preserving Area Sources Source Category 1. What did we propose pursuant to CAA section 112(d)(6) for the Wood Preserving Area Sources source category? 2. How did the TR change for the Wood Preserving Area Sources source category? 3. What comments did we receive on the TR, and what are our responses? 4. What is the rationale for our final approach for the TR? B. Changes to Wood Preserving Area Sources NESHAP Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions to Subpart QQQQQQ 1. What changes did we propose to Table 1 to Subpart QQQQQQ of Part 63— Applicability of General Provisions to Subpart QQQQQQ? 2. How did revisions in the final action change Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions to Subpart QQQQQQ? 3. What comments did we receive on the proposed changes to Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions to Subpart QQQQQQ, and what are our responses? 4. What is the rationale for our final approach for the changes to Table 1 to Subpart QQQQQQ of Part 63— Applicability of General Provisions to Subpart QQQQQQ? C. Technical Corrections to the NESHAP for Surface Coating of Wood Building Products 1. What technical corrections were proposed to the NESHAP for Surface Coating of Wood Building Products? 2. How did the technical corrections to the NESHAP for Surface Coating of Wood Building Products change? 3. What comments did we receive on the technical corrections to the NESHAP for 14281 Surface Coating of Wood Building Products? 4. What is the rationale for our final approach for the technical corrections to the NESHAP for Surface Coating of Wood Building Products? V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? B. What are the air quality impacts? C. What are the cost impacts? D. What are the economic impacts? E. What are the benefits? F. What analysis of environmental justice did we conduct? G. What analysis of children’s environmental health did we conduct? VI. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) I. General Information A. Does this action apply to me? Regulated entities. Categories and entities potentially regulated by this action are shown in Table 1 of this preamble. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS FINAL ACTION Source category 40 CFR part 63, subpart QQQQQQ ............................. 40 CFR part 63, subpart QQQQ ................................... Wood Preserving Area Sources .................................... Surface Coating of Wood Building Products ................ 1 North lotter on DSK11XQN23PROD with RULES1 NAICS 1 code NESHAP 321114. 321211, 321212, 321218, 321219, 321911, 321999. American Industry Classification System. Table 1 of this preamble is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be affected by the final action for the source category listed. To determine whether your facility is affected, you should examine the applicability criteria in the appropriate VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 NESHAP. If you have any questions regarding the applicability of any aspect of this NESHAP, please contact the appropriate person listed in the preceding FOR FURTHER INFORMATION CONTACT section of this preamble. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this final action will also be available on the internet. Following signature by the EPA Administrator, the EPA will post a E:\FR\FM\08MRR1.SGM 08MRR1 14282 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations copy of this final action at: https:// www.epa.gov/stationary-sources-airpollution/wood-preserving-area-sourcesnational-emission-standards-hazardous. Following publication in the Federal Register, the EPA will post the Federal Register version and key technical documents at this same website. Additional information is available at https://www.epa.gov/stationary-sourcesair-pollution/wood-preserving-areasources-national-emission-standardshazardous. This information includes a summary of the NESHAP, links to the various regulatory actions for the source category, and other related documents. lotter on DSK11XQN23PROD with RULES1 C. Judicial Review and Administrative Reconsideration Under Clean Air Act (CAA) section 307(b)(1), judicial review of this final action is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit (the Court) by May 8, 2023. Under CAA section 307(b)(2), the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by the EPA to enforce the requirements. Section 307(d)(7)(B) of the CAA further provides that only an objection to a rule or procedure which was raised with reasonable specificity during the period for public comment (including any public hearing) may be raised during judicial review. This section also provides a mechanism for the EPA to reconsider the rule if the person raising an objection can demonstrate to the Administrator that it was impracticable to raise such objection within the period for public comment or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule. Any person seeking to make such a demonstration should submit a Petition for Reconsideration to the Office of the Administrator, U.S. EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to both the person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, Washington, DC 20460. VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 II. Background A. What is the statutory authority for this action? The statutory authority for this action is provided by sections 112 and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 112(d)(6) requires the EPA to review standards promulgated under CAA section 112(d) and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies)’’ no less often than every 8 years following promulgation of those standards. This is referred to as a ‘‘technology review’’ and is required for all standards established under CAA section 112(d) including generally available control technology (GACT) standards that apply to area sources.1 This action finalizes the 112(d)(6) technology review for the Wood Preserving Area Sources area source NESHAP. Several additional CAA sections are relevant to this action as they specifically address regulation of hazardous air pollutant (HAP) emissions from area sources. Collectively, CAA sections 112(c)(3), (d)(5), and (k)(3) are the basis of the Area Source Program under the Urban Air Toxics Strategy, which provides the framework for regulation of area sources under CAA section 112. Section 112(k)(3)(B) of the CAA requires the EPA to identify at least 30 HAP that pose the greatest potential health threat in urban areas with a primary goal of achieving a 75 percent reduction in cancer incidence attributable to HAP emitted from stationary sources. As discussed in the Integrated Urban Air Toxics Strategy (64 FR 38706, 38715, July 19, 1999), the EPA identified 30 HAP emitted from area sources that pose the greatest potential health threat in urban areas, and these HAP are commonly referred to as the ‘‘30 urban HAP.’’ Section 112(c)(3), in turn, requires the EPA to list sufficient categories or subcategories of area sources to ensure that area sources representing 90 percent of the emissions of the 30 urban HAP are subject to regulation. The EPA implemented these requirements through the Integrated Urban Air Toxics Strategy by identifying and setting standards for categories of area sources including the Wood Preserving Area Sources source category that is addressed in this action. CAA section 112(d)(5) provides that for area source categories, in lieu of 1 For categories of area sources subject to GACT standards, CAA sections 112(d)(5) and (f)(5) provide that the EPA is not required to conduct a residual risk review under CAA section 112(f)(2). PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 setting maximum achievable control technology (MACT) standards (which are generally required for major source categories), the EPA may elect to promulgate standards or requirements for area sources ‘‘which provide for the use of generally available control technology or management practices [GACT] by such sources to reduce emissions of hazardous air pollutants.’’ In developing such standards, the EPA evaluates the control technologies and management practices that reduce HAP emissions that are generally available for each area source category. Consistent with the legislative history, we can consider costs and economic impacts in determining what constitutes GACT. GACT standards were set for the Wood Preserving Area Sources source category in 2007. As noted above, this action finalizes the required CAA 112(d)(6) technology review for that source category. B. What is the Wood Preserving Area Sources source category and how does the NESHAP regulate HAP emissions from the source category? The EPA promulgated the Wood Preserving Area Sources NESHAP on July 16, 2007 (72 FR 38864). The standards are codified at 40 CFR part 63, subpart QQQQQQ. The Wood Preserving Area Sources industry consists of facilities that use either a pressurized or thermal treatment process to impregnate wood with chemicals that provide long-term resistance to attack by fungi, bacteria, insects, or marine borers. Some of the products produced by the wood preserving industry include posts, cross ties, switch ties, utility poles, round timber pilings, lumber for aquatic applications, and fire-retardant lumber products. More than 95 percent of all treated wood is preserved through pressurized processes. Almost all pressurized wood preservation processes use a closed treating cylinder or retort. A retort is an airtight pressure vessel, typically a long horizontal cylinder, used for the pressure impregnation of wood products with a liquid preservative. In a thermal treatment process, the wood is exposed to the preservative in an open vessel. The wood is immersed between separate tanks containing heated and cold preservative, which are either oil-borne or waterborne. Alternatively, thermal treated wood may be immersed in one tank that is first heated then allowed to cool. During the hot bath, the expansion of air in the wood forces some air out and improves the penetration of preservatives. In the cold bath, air in the wood contracts, creating a partial E:\FR\FM\08MRR1.SGM 08MRR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations vacuum, and atmospheric pressure forces more preservative into the wood. There are three general classes of wood preservatives: (a) oils, such as creosote and petroleum solutions of pentachlorophenol (PCP) and copper naphthenate, (b) waterborne salts that are applied as water solutions, such as chromated copper arsenate (CCA), and (c) light organic solvents, which serve as carriers for synthetic insecticides. Over the past few decades, the wood preserving industry has undergone several changes related to the types of preservatives used for certain applications and the associated emissions. Of the variety of wood preservatives being used today, some contain HAP while others do not. Per 40 CFR 63.11428, the NESHAP is applicable to any wood preserving operation located at an area source that emits HAP. However, the urban HAP for which the source category was listed are arsenic, chromium, methylene chloride, and dioxins (72 FR 16652). As such, the Wood Preserving Area Sources NESHAP only applies to operations with the potential to emit these four urban HAP. Three wood preservatives, PCP, CCA, and ammoniacal copper zinc arsenate (ACZA), contain at least one of the urban HAP. The HAP PCP contains trace concentrations of dioxins, which are an urban HAP. The urban HAP arsenic and chromium are contained in CCA. The urban HAP arsenic is contained in ACZA. The EPA is not aware of any facilities currently using a wood preservative containing the urban HAP methylene chloride. No methylene chloride emissions were reported in the 2019 Toxic Release Inventory (TRI) and the EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) does not currently identify the use of methylene chloride as a wood preservative. Altogether, the source category covered by the GACT standards currently includes 322 facilities. The EPA estimates that 177 of the 322 Wood Preserving Area Sources use a wood preservative containing an urban HAP and are therefore subject to the GACT standards. The remaining area sources use wood preservatives that do not contain HAP or use creosote, which contains the HAP naphthalene. The GACT standards require any facility using a pressure treatment process to use a retort or similarly enclosed vessel for the preservative treatment. Facilities using a thermal treatment process are required to use process treatment tanks equipped with air scavenging systems to capture and control air emissions. In addition, all facilities must prepare and operate according to a management practice VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 plan to minimize air emissions, including emissions from process tanks and equipment (e.g., retorts, other enclosed vessels, thermal treatment tanks), storage, handling, and transfer operations. These standards are required to be documented in a management practices plan. See 40 CFR 63.11430(c). C. What changes did we propose for the Wood Preserving Area Sources source category in our March 7, 2022, proposal? On March 7, 2022, the EPA published a proposed rule in the Federal Register for the Wood Preserving Area Source NESHAP, 40 CFR part 63, subpart QQQQQQ, that took into consideration the TR analyses. In the proposed rule, we proposed no changes to the standards as a result of the TR. The EPA proposed minor editorial and formatting changes to Table 1 in the Wood Preserving Area Sources NESHAP which outlines the applicability of CAA General Provisions (see docket ID EPA– HQ–OAR–2021–0133–0017 for Redline Version of 40 CFR part 63, subpart QQQQQQ Showing Proposed Changes). III. What is included in this final rule? This action finalizes the EPA’s determinations pursuant to the TR provisions of CAA section 112 for the Wood Preserving Area Sources source category. This action also finalizes other changes to the NESHAP, including minor editorial and formatting changes to Table 1 in the Wood Preserving Area Sources NESHAP. A. What are the final rule amendments based on the technology review for the Wood Preserving Area Sources source category? We determined that there are no developments in practices, processes, and control technologies that warrant revisions to the GACT standards for this source category. Therefore, this final rule does not make any revisions to the GACT standards under CAA section 112(d)(6). B. What other changes are we finalizing in the NESHAP for Wood Preserving Area Sources? This action also finalizes, as proposed, minor editorial and formatting changes to the Wood Preserving Area Sources NESHAP Table 1, which outlines the applicability of CAA General Provisions. The notice of proposed rulemaking described the changes to the Subpart QQQQQQ Table 1, and a redline strikeout version of the Subpart QQQQQQ Table 1 showing proposed changes was available in the docket (see docket ID EPA–HQ–OAR– PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 14283 2021–0133–0017). This action finalizes the changes as detailed in that document. C. What are the technical corrections to the NESHAP for Surface Coating of Wood Building Products? This action finalizes technical corrections to the NESHAP for Surface Coating of Wood Building Products. As described in the March 7, 2022, proposal, changes are necessary because the NESHAP for Surface Coating of Wood Building Products contains a reference to an Occupational Safety and Health Administration (OSHA) provision that has since been removed. IV. What is the rationale for our final decisions and amendments for the Wood Preserving Area Sources source category and the technical corrections to the NESHAP for Surface Coating of Wood Building Products? For each issue, this section provides a description of what we proposed and what we are finalizing for the issue, the EPA’s rationale for the final decisions and amendments, and a summary of comments and responses. A. Technology Review for the Wood Preserving Area Sources Source Category 1. What did we propose pursuant to CAA section 112(d)(6) for the Wood Preserving Area Sources source category? Based on our TR described in the March 7, 2022, proposal (87 FR 12633), we found no developments in practices, processes, or control technologies that necessitate revisions to the standards for the Wood Preserving Area Sources NESHAP (40 CFR part 63, subpart QQQQQQ). 2. How did the TR change for the Wood Preserving Area Sources source category? After considering the comments received on the proposed rule and given that commenters did not identify any new practices, processes, and control technologies to further reduce emissions of arsenic, chromium, dioxins, or methylene chloride, the EPA has decided that no changes to the TR are necessary. Therefore, the EPA is finalizing its findings in the proposed rule that revisions to the emission standards for the Wood Preserving Area Sources NESHAP are not warranted under CAA section 112(d)(6). 3. What comments did we receive on the TR, and what are our responses? Two comments were received on the proposed rulemaking. To access these E:\FR\FM\08MRR1.SGM 08MRR1 lotter on DSK11XQN23PROD with RULES1 14284 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations comments in the docket for the proposed rule, see Docket ID No. EPA– HQ–OAR–2021–0133–0022 and EPA– HQ–OAR–2021–0133–0021. Comment: A commenter acknowledged that EPA regulations minimize emissions of the urban HAP (arsenic, chromium, dioxins, and methylene chloride) but expressed concern regarding the health impacts associated with long-term exposure. The commenter stated that the EPA’s determination that there was no costeffective measure to further reduce emissions failed to consider the human health costs related to the bioaccumulation of HAP in surrounding environments and the secondary exposure to people beyond those directly affected at the source. The commenter suggested that the EPA consider natural and sustainable ways of preserving wood that do not incorporate synthetic chemicals and referenced an article on the complex nanostructure of cicada wings. The article, last updated in 2021, indicates that the surface of cicada wings is comprised of microscopic ‘‘nanopillars’’ and is naturally coated with waxy substances that repel water, dirt, and bacteria. The author of the article writes that scientists are currently exploring ways to design and manufacture nanoscale surfaces that possess these properties. Response: The TR did not identify any generally available non-synthetic methods of wood preserving, and the commenter did not provide any direct information identifying an industrialscale natural method of treating wood that would produce long-term resistance to attack by fungi, bacteria, insects, or marine borers for use as posts, cross ties, switch ties, utility poles, round timber pilings, lumber for aquatic applications, and fire-retardant wood products. The EPA did not identify any natural wood preserving methods that imitate the nanostructure of cicada wings and their ability to repel water, dirt, and bacteria. Comment: A commenter opposed the proposal on the basis that there should be stronger standards to protect populations of concern. The commenter stated that although air quality would not be negatively impacted by the proposed action, it would also not improve it for populations of concern. The commenter restated results from our demographic analysis and pointed out that people of lower socioeconomic status and minorities are being exposed to emissions at a higher rate than other populations. The commenter noted that if arsenic levels are high enough, it can negatively impact the environment. The VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 commenter requested that the EPA reevaluate the proposed decision. Response: This action implements CAA section 112(d)(6), which requires the EPA to review standards promulgated under CAA section 112(d) and revise them ‘‘as necessary (taking into account developments in practices, processes, and control technologies).’’ The TR and neither commenter identified any cost-effective developments in practices, processes, and control technologies for wood preserving facilities that would further reduce emissions beyond the management practice and reporting requirements that currently exist in the rule. As the commenter noted, the proposal would not negatively impact air quality. The EPA notes that reducing emissions of urban air toxics has been a priority for EPA since the passage of the Clean Air Act Amendments in 1990. There have been significant reductions in urban air toxics because of EPA regulations, including the Wood Preserving Area Sources NESHAP, and enforcement actions. The EPA expects compliance with the Wood Preserving Area Sources NESHAP has reduced and will continue to reduce the effects of emissions on populations in proximity to wood preserving facilities, including in communities potentially overburdened by pollution. For more information on our analysis of environmental justice, see Section VI.F. 2. How did revisions in the final action change Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions to Subpart QQQQQQ? In the final rule, the EPA is making the revisions to Table 1 to Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources NESHAP as described in the proposal published on March 7, 2022. 3. What comments did we receive on the proposed changes to Table 1 to Subpart QQQQQQ of Part 63— Applicability of General Provisions to Subpart QQQQQQ, and what are our responses? No comments were received on the proposed changes to Table 1 to Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources source category. 4. What is the rationale for our final approach for the changes to Table 1 to Subpart QQQQQQ of Part 63— Applicability of General Provisions to Subpart QQQQQQ? No comments were received regarding the proposed changes to Table 1 to Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources source category. Therefore, those changes are being finalized as proposed. C. Technical Corrections to the NESHAP for Surface Coating of Wood Building Products 1. What technical corrections were proposed to the NESHAP for Surface Coating of Wood Building Products? Based on the TR and after evaluating In the March 7, 2022, proposal (87 FR all comments received on the TR, we 12633), we proposed technical determined that no changes to the corrections to the NESHAP for Surface review are necessary. Therefore, Coating of Wood Building Products. The pursuant to CAA section 112(d)(6), we proposed technical corrections were are finalizing the TR as proposed. necessary because the NESHAP for Surface Coating of Wood Building B. Changes to Wood Preserving Area Products contains a reference to an Sources NESHAP Table 1 to Subpart OSHA provision that has changed. The QQQQQQ of Part 63—Applicability of EPA proposed to amend 40 CFR General Provisions to Subpart QQQQQQ 63.4741(a)(1)(i) and (a)(4), which describe how to determine the mass 1. What changes did we propose to fraction of organic HAP in each material Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions used, to remove references to OSHAdefined carcinogens as specified in 29 to Subpart QQQQQQ? CFR 1910.1200(d)(4). The reference to In the March 7, 2022, proposal (87 FR OSHA-defined carcinogens as specified 12633), we proposed minor editorial in 29 CFR 1910.1200(d)(4) is intended to and formatting changes to Table 1 to specify which compounds must be Subpart QQQQQQ of Part 63 for the included in calculating total organic Wood Preserving Area Sources NESHAP HAP content of a coating material if listing the applicable general provisions. they are present at 0.1 percent or greater The notice of proposed rulemaking by mass. The EPA is eliminating this described the changes and a redline reference because OSHA revised its strikeout version of Table 1 showing hazard communication standard in 2012 proposed changes was available in the and completely removed 29 CFR 1910.1200(d)(4) from the CFR (58 FR docket. 4. What is the rationale for our final approach for the TR? PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations 17574, March 26, 2012). Consequently, the NESHAP for Surface Coating of Wood Building Products crossreferences a regulatory citation that no longer exists. The EPA proposed to replace these references to OSHAdefined carcinogens and 29 CFR 1910.1200(d)(4) with a new table explicitly included in the regulatory text (proposed as Table 7 to 40 CFR part 63, subpart QQQQ) of those organic HAP that must be included in calculating the total organic HAP content of a coating material if they are present at 0.1 percent or greater by mass. The proposed redline strikeout regulatory edits that would be necessary to incorporate the changes were included in the docket. 2. How did the technical corrections to the NESHAP for Surface Coating of Wood Building Products change? The EPA is finalizing the technical corrections to the NESHAP for Surface Coating of Wood Building Products as proposed. 3. What comments did we receive on the technical corrections to the NESHAP for Surface Coating of Wood Building Products? No comments were received on the proposed technical corrections to the NESHAP for Surface Coating of Wood Building Products. 4. What is the rationale for our final approach for the technical corrections to the NESHAP for Surface Coating of Wood Building Products? No comments were received on the proposed technical corrections to the NESHAP for Surface Coating of Wood Building Products. Therefore, the technical corrections to the NESHAP for Surface Coating of Wood Building Products are being finalized as proposed. lotter on DSK11XQN23PROD with RULES1 V. Summary of Cost, Environmental, and Economic Impacts and Additional Analyses Conducted A. What are the affected facilities? Approximately 322 area source wood preserving facilities in the United States are subject to 40 CFR part 63, subpart QQQQQQ. Approximately 177 of those facilities use or are permitted to use a wood preservative containing arsenic, chromium, dioxins, or methylene chloride, and therefore must comply with the management practice requirements. B. What are the air quality impacts? Because we are not revising the standards for Wood Preserving Area Sources, we do not anticipate any VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 quantifiable air quality impacts as a result of the final action. C. What are the cost impacts? We expect that the action will have minimal cost impacts for Wood Preserving Area Sources. In the March 7, 2022, proposed rule we estimated a one-time cost of $270 per facility (in 2019 dollars) associated with an affected facility reviewing the rule. Because the EPA is finalizing the rule as proposed, there are no changes to this cost estimate. D. What are the economic impacts? Economic impact analyses focus on changes in market prices and output levels. If changes in market prices and output levels in the primary markets are significant enough, impacts on other markets may also be examined. Both the magnitude of costs needed to comply with a final rule and the distribution of these costs among affected facilities can have a role in determining how the market will change in response to a final rule. Because the costs associated with the final revisions are minimal, no significant economic impacts are anticipated as a result of the final amendments. As presented in the March 7, 2022, proposed rule, the total cost associated with this action is estimated to be approximately $87,000. This estimate is based on the one-time cost of $270 per facility with 322 facilities estimated to be subject to the regulation. E. What are the benefits? The final amendments to the Wood Preserving Areas Sources NESHAP are limited to editorial and technical corrections to Table 1 at the end of the regulation listing the applicable part 63 General Provisions. These changes improve the accuracy and clarity of the rule. F. What analysis of environmental justice did we conduct? Executive Order 12898 directs the EPA to identify the populations of concern who are most likely to experience unequal burdens from environmental harms; specifically, minority populations (i.e., people of color), low-income populations, and Indigenous peoples (59 FR 7629, February 16, 1994). Additionally, Executive Order 13985 is intended to advance racial equity and support underserved communities through Federal government actions (86 FR 7009, January 20, 2021). The EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 14285 with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ The EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ In recognizing that people of color and low-income populations often bear an unequal burden of environmental harms and risks, the EPA continues to consider ways of protecting them from adverse public health and environmental effects of air pollution. To examine the potential for any EJ issues that might be associated with the source category, we performed a demographic analysis at proposal, and have determined that the data and affected facilities did not change as a result of public comments. Therefore, the analysis from the proposed rule is still applicable for this final action. The results of the demographic analysis can be found in section IV(F) of the proposed rule’s preamble (see 87 FR 12633, March 7, 2022). The analysis included an assessment of individual demographic groups of the populations living within 5 km and within 50 km of the facilities. We then compared the data from the analysis to the national average for each of the demographic groups. The results show that for populations within 5 km of the 322 existing facilities, the following demographic groups were above the national average: African American (21 percent versus 12 percent nationally), Hispanic/Latino (21 percent versus 19 percent nationally), and people living below the poverty level (18 percent versus 13 percent nationally). The results show that for populations within 50 km of the 322 existing facilities, the percent African American population was above the national average (14 percent versus 12 percent nationally). The methodology and the results of the demographic analysis are presented in a technical report, ‘‘Analysis of Demographic Factors for Populations Living Near Wood Preserving Area Sources,’’ available in the docket for this action (Docket ID No. EPA–HQ–OAR– 2021–0133). Given that the EPA is not revising the standards for Wood Preserving Area Sources, we do not anticipate any quantifiable air quality impacts as a result of the final action. The final amendments are limited to editorial and technical corrections to Table 1 at the end of the regulation listing the E:\FR\FM\08MRR1.SGM 08MRR1 14286 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations applicable part 63 General Provisions. These changes improve the accuracy and clarity of the rule. We note that wood preservatives containing the urban HAP arsenic, chromium, methylene chloride, and dioxin (a trace contaminant in PCP) either have been significantly reduced, are in the process of being phased out, or have been phased out completely since this source category was listed (see Docket ID No. EPA–HQ–OAR–2021–0133–0016 Technology Review for the Wood Preserving Area Sources NESHAP, page 6, and Docket ID No. EPA–HQ–OPP– 2014–0653 Pentachlorophenol Final Registration Review Decision). G. What analysis of children’s environmental health did we conduct? The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was, therefore, not submitted to the Office of Management and Budget (OMB) for review. lotter on DSK11XQN23PROD with RULES1 B. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2060–0598. This action does not include any new reporting or recordkeeping requirements and therefore does not impose an information collection burden. C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action are small businesses. The Agency has determined that all small entities affected by this action, estimated to be 173 entities, may experience an impact of less than 0.7 percent of revenues, with approximately 91 percent of these VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 entities estimated to experience a potential impact of less than 0.1 percent of revenues. Details of the analysis were presented in the spreadsheet titled RFA_ Analysis_Wood_2022_Final.xlsx, which is found in the docket. D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. While this action creates an enforceable duty on the private sector, the cost does not exceed $100 million or more. E. Executive Order 13132: Federalism This action does not have federalism implications in relation to Executive Order 13132. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. None of the Wood Preserving Area Sources that have been identified as being affected by this action are owned or operated by tribal governments. However, we determined that 145 tribes were located near a Wood Preserving Area Source facility. Consistent with the EPA Policy on Coordination and Consultation with Indian Tribes, the EPA offered tribal leadership the opportunity for government-to-government consultation with no response. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045 because the EPA does not believe the environmental health risks or safety risks addressed by this action present a disproportionate risk to children. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 I. National Technology Transfer and Advancement Act (NTTAA) This action does not involve any technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations (people of color and/or Indigenous peoples) and low-income populations. The demographic analysis presented in Section V.F. of this preamble provides information on the demographic characteristics (e.g., race, ethnicity, income) of the populations living near wood preserving facilities but does not provide information on health or environmental effects from these sources. From the demographic analysis, EPA determined that for populations living within 5 km of wood preserving facilities the percentage of residents who are African American, Hispanic/Latino, or living below the poverty level are higher than the nationwide average (see section IV.F. of 87 FR 12633, March 7, 2022). Because percentages of people of color and low-income individuals living near wood preserving facilities are higher than nationwide averages, the EPA acknowledges that the human health or environmental conditions that exist prior to this action have the potential to result in disproportionate and adverse human health or environmental effects on people of color, low-income populations, and/or Indigenous peoples. However, we note that wood preservatives containing the urban HAP arsenic, chromium, methylene chloride, and dioxin (a trace contaminant in PCP) either have been significantly reduced, are in the process of being phased out, or have been phased out completely since this source category was listed. This action is not likely to change any potential existing disproportionate effects on people of color, low-income populations and/or Indigenous peoples because we are not amending existing emission standards in the Wood Preserving Area Sources NESHAP and are finalizing minor editorial and formatting changes as discussed earlier in this preamble. E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations The information supporting this Executive Order review is contained in a technical report, Analysis of Demographic Factors for Populations Living Near National Emission Standard for Hazardous Air Pollutants: Technology Review for Wood Preserving Area Sources (see Docket ID No. EPA–HQ–OAR–2021–0133–0020) and is discussed in section V.F of this final rule. the Code of Federal Regulations is amended as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report for this action to each House of the Congress and to the Comptroller General of the United States. Neither of the NESHAP amended by this action constitute a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Michael S. Regan, Administrator. For the reasons set out in the preamble, title 40, chapter I, part 63 of Subpart QQQQ—[Amended] 2. Section 63.4741 is amended by revising paragraphs (a)(1)(i) and (a)(4) to read as follows: ■ § 63.4741 How do I demonstrate initial compliance with the emission limitations? * * * * * (a) * * * (1) * * * (i) Count each organic HAP in Table 7 to Subpart QQQQ of Part 63 that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 7 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count 14287 as a value truncated to four places after the decimal point (e.g., 0.3791). * * * * * (4) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs (a)(1) through (3) of this section, such as manufacturer’s formulation data, if it represents each organic HAP in Table 7 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 7 to this subpart) is 0.5 percent of the material by mass, you do not have to count it. For reactive adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere, you may rely on manufacturer’s data that expressly states the organic HAP or volatile matter mass fraction emitted. If there is a disagreement between such information and results of a test conducted according to paragraphs (a)(1) through (3) of this section, then the test method results will take precedence unless, after consultation, you demonstrate to the satisfaction of the enforcement agency the formulation data are correct. * * * * * ■ 3. Table 7 to subpart QQQQ of part 63 is added to read as follows: TABLE 7 TO SUBPART QQQQ OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS lotter on DSK11XQN23PROD with RULES1 Chemical name CAS No. 1,1,2,2-Tetrachloroethane .................................................................................................................................................................... 1,1,2-Trichloroethane ........................................................................................................................................................................... 1,1-Dimethylhydrazine ......................................................................................................................................................................... 1,2-Dibromo-3-chloropropane .............................................................................................................................................................. 1,2-Diphenylhydrazine ......................................................................................................................................................................... 1,3-Butadiene ....................................................................................................................................................................................... 1,3-Dichloropropene ............................................................................................................................................................................ 1,4-Dioxane 123–91–1. 2,4,6-Trichlorophenol ........................................................................................................................................................................... 2,4/2,6-Dinitrotoluene (mixture) ........................................................................................................................................................... 2,4-Dinitrotoluene ................................................................................................................................................................................. 2,4-Toluene diamine ............................................................................................................................................................................ 2-Nitropropane ..................................................................................................................................................................................... 3,3′-Dichlorobenzidine ......................................................................................................................................................................... 3,3′-Dimethoxybenzidine ..................................................................................................................................................................... 3,3′-Dimethylbenzidine ........................................................................................................................................................................ 4,4′-Methylene bis(2-chloroaniline) ...................................................................................................................................................... Acetaldehyde ....................................................................................................................................................................................... Acrylamide ........................................................................................................................................................................................... Acrylonitrile .......................................................................................................................................................................................... Allyl chloride ......................................................................................................................................................................................... alpha-Hexachlorocyclohexane (a-HCH) .............................................................................................................................................. Aniline .................................................................................................................................................................................................. Benzene ............................................................................................................................................................................................... Benzidine ............................................................................................................................................................................................. Benzotrichloride ................................................................................................................................................................................... Benzyl chloride .................................................................................................................................................................................... beta-Hexachlorocyclohexane (b-HCH) ................................................................................................................................................ Bis(2-ethylhexyl)phthalate .................................................................................................................................................................... Bis(chloromethyl)ether ......................................................................................................................................................................... Bromoform ........................................................................................................................................................................................... VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\08MRR1.SGM 08MRR1 79–34–5 79–00–5 57–14–7 96–12–8 122–66–7 106–99–0 542–75–6 88–06–2 25321–14–6 121–14–2 95–80–7 79–46–9 91–94–1 119–90–4 119–93–7 101–14–4 75–07–0 79–06–1 107–13–1 107–05–1 319–84–6 62–53–3 71–43–2 92–87–5 98–07–7 100–44–7 319–85–7 117–81–7 542–88–1 75–25–2 14288 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations TABLE 7 TO SUBPART QQQQ OF PART 63—LIST OF HAP THAT MUST BE COUNTED TOWARD ORGANIC HAP CONTENT IF PRESENT AT 0.1 PERCENT OR MORE BY MASS—Continued Chemical name CAS No. Captan ................................................................................................................................................................................................. Carbon tetrachloride ............................................................................................................................................................................ Chlordane ............................................................................................................................................................................................ Chlorobenzilate .................................................................................................................................................................................... Chloroform ........................................................................................................................................................................................... Chloroprene ......................................................................................................................................................................................... Cresols (mixed) .................................................................................................................................................................................... DDE ..................................................................................................................................................................................................... Dichloroethyl ether ............................................................................................................................................................................... Dichlorvos ............................................................................................................................................................................................ Epichlorohydrin .................................................................................................................................................................................... Ethyl acrylate ....................................................................................................................................................................................... Ethylene dibromide .............................................................................................................................................................................. Ethylene dichloride .............................................................................................................................................................................. Ethylene oxide ..................................................................................................................................................................................... Ethylene thiourea ................................................................................................................................................................................. Ethylidene dichloride (1,1-Dichloroethane) .......................................................................................................................................... Formaldehyde ...................................................................................................................................................................................... Heptachlor ............................................................................................................................................................................................ Hexachlorobenzene ............................................................................................................................................................................. Hexachlorobutadiene ........................................................................................................................................................................... Hexachloroethane ................................................................................................................................................................................ Hydrazine ............................................................................................................................................................................................. Isophorone ........................................................................................................................................................................................... Lindane (hexachlorocyclohexane, all isomers) ................................................................................................................................... m-Cresol .............................................................................................................................................................................................. Methylene chloride ............................................................................................................................................................................... Naphthalene ......................................................................................................................................................................................... Nitrobenzene ........................................................................................................................................................................................ Nitrosodimethylamine .......................................................................................................................................................................... o-Cresol ............................................................................................................................................................................................... o-Toluidine ........................................................................................................................................................................................... Parathion .............................................................................................................................................................................................. p-Cresol ............................................................................................................................................................................................... p-Dichlorobenzene ............................................................................................................................................................................... Pentachloronitrobenzene ..................................................................................................................................................................... Pentachlorophenol ............................................................................................................................................................................... Propoxur .............................................................................................................................................................................................. Propylene dichloride ............................................................................................................................................................................ Propylene oxide ................................................................................................................................................................................... Quinoline .............................................................................................................................................................................................. Tetrachloroethene ................................................................................................................................................................................ Toxaphene ........................................................................................................................................................................................... Trichloroethylene ................................................................................................................................................................................. Trifluralin .............................................................................................................................................................................................. Vinyl bromide ....................................................................................................................................................................................... Vinyl chloride ....................................................................................................................................................................................... Vinylidene chloride ............................................................................................................................................................................... Subpart QQQQQQ—[Amended] 4. Table 1 to subpart QQQQQQ of part 63 is revised to read as follows: lotter on DSK11XQN23PROD with RULES1 ■ Table 1 to Subpart QQQQQQ of Part 63—Applicability of General Provisions to Subpart QQQQQQ Applies to subpart QQQQQQ? Subject 63.1(a)(1)–(4) ........... 63.1(a)(5) .................. 63.1(a)(6) .................. 63.1(a)(7)–(9) ........... 63.1(a)(10)–(12) ....... 63.1(b)(1) .................. 63.1(b)(2) .................. 63.1(b)(3) .................. General applicability of the General Provisions ..... Reserved ................................................................. General applicability of the General Provisions ..... Reserved ................................................................. General applicability of the General Provisions ..... Initial applicability determination ............................. Reserved ................................................................. Record of applicability determination ...................... VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 NESHAP General Provisions (40 CFR part 63, subpart A) as shown in the following table. As required in § 63.11432, you must comply with the requirements of the Citation PO 00000 Frm 00038 Fmt 4700 Explanation Yes. No. Yes. No. Yes. Yes. No. Yes. Sfmt 4700 133–06–2 56–23–5 57–74–9 510–15–6 67–66–3 126–99–8 1319–77–3 3547–04–4 111–44–4 62–73–7 106–89–8 140–88–5 106–93–4 107–06–2 75–21–8 96–45–7 75–34–3 50–00–0 76–44–8 118–74–1 87–68–3 67–72–1 302–01–2 78–59–1 58–89–9 108–39–4 75–09–2 91–20–3 98–95–3 62–75–9 95–48–7 95–53–4 56–38–2 106–44–5 106–46–7 82–68–8 87–86–5 114–26–1 78–87–5 75–56–9 91–22–5 127–18–4 8001–35–2 79–01–6 1582–09–8 593–60–2 75–01–4 75–35–4 E:\FR\FM\08MRR1.SGM 08MRR1 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations Subject 63.1(c)(1)–(2) ............ Applicability of subpart A of this part after a relevant standard has been set. Reserved ................................................................. Notification requirements for an area source that increases HAP emissions to major source levels. Reclassification ....................................................... Reserved ................................................................. Applicability of permit program before a relevant standard has been set. Definitions ............................................................... Units and abbreviations .......................................... Prohibited activities and circumvention .................. Applicability of preconstruction review requirements. Applicability of notification requirements ................ Requirements for newly constructed and reconstructed sources. Reserved ................................................................. Required preconstruction approval required for major source construction and reconstruction. Notification requirements for construction or reconstruction of area sources. Reserved ................................................................. Added equipment (or a process change) must be considered part of the affected source and subject to all provisions in the relevant standards. Reserved ................................................................. Application for approval of construction or reconstruction. Approval of construction or reconstruction ............. 63.1(c)(3)–(4) ............ 63.1(c)(5) .................. 63.1(c)(6) .................. 63.1(d) ...................... 63.1(e) ...................... 63.2 .......................... 63.3 .......................... 63.4 .......................... 63.5(a)(1) .................. 63.5(a)(2) .................. 63.5(b)(1) .................. 63.5(b)(2) .................. 63.5(b)(3) .................. 63.5(b)(4) .................. 63.5(b)(5) .................. 63.5(b)(6) .................. 63.5(c) ...................... 63.5(d) ...................... 63.5(e) ...................... No. Yes. Yes. No. Yes. Yes. Yes. Yes. No. Yes. Yes. No. No .................. No. Yes. No. No .................. No .................. No .................. 63.6(a) ...................... Yes. 63.6(c)(1)–(2) ............ 63.6(c)(3)–(4) ............ 63.6(c)(5) .................. 63.6(d) ...................... 63.6(e)(1) .................. 63.6(e)(2) .................. 63.6(e)(3)(i) ............... Compliance with standards and maintenance requirements. Compliance dates for new and reconstructed sources. Reserved ................................................................. Compliance dates for new and reconstructed sources. Compliance dates for existing sources ................... Reserved ................................................................. Compliance dates for existing sources ................... Reserved ................................................................. Operation and maintenance requirements ............. Reserved ................................................................. Startup, shutdown, and malfunction plan ............... Yes. No. Yes. No Yes. No. No .................. 63.6(e)(3)(ii) .............. 63.6(e)(3)(iii)–(ix) ...... Reserved ................................................................. Startup, shutdown, and malfunction plan ............... No. No .................. 63.6(f) ....................... Compliance with nonopacity emission standards ... No .................. 63.6(g) ...................... Use of an alternative nonopacity emission standard. Compliance with opacity and visible emissions standards. Compliance with opacity and visible emissions standards. Reserved ................................................................. Compliance with opacity and visible emissions standards. Reserved ................................................................. Notification of opacity or visible emission observations. Conduct of opacity or visible emission observations. Reserved ................................................................. Conduct of opacity or visible emission observations. No .................. 63.6(h)(1) .................. 63.6(h)(2)(i) ............... 63.6(h)(2)(ii) .............. 63.6(h)(2)(iii) ............. 63.6(h)(3) .................. 63.6(h)(4) .................. 63.6 (h)(5)(i)–(iii) ....... 63.6(h)(5)(iv) ............. 63.6(h)(5)(v) .............. VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 PO 00000 Frm 00039 Fmt 4700 Subpart QQQQQQ does not regulate major sources. Yes. Approval of construction or reconstruction based on prior State preconstruction review. 63(b)(6) ..................... 63(b)(7) ..................... Explanation Yes. 63.5(f) ....................... 63.6(b)(1)–(5) ........... lotter on DSK11XQN23PROD with RULES1 Applies to subpart QQQQQQ? Citation 14289 Subpart QQQQQQ does not require an application for construction or reconstruction. Subpart QQQQQQ does not require application approval before construction or reconstruction. Subpart QQQQQQ does not require approval of construction or reconstruction based on prior State preconstruction review. Yes. No. Yes. No .................. No .................. No. No .................. No. No .................. No .................. No. No .................. Sfmt 4700 Subpart QQQQQQ does not require a startup, shutdown, and malfunction plan. Subpart QQQQQQ does not require a startup, shutdown, and malfunction plan. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. Subpart QQQQQQ does not contain emission or opacity limits. E:\FR\FM\08MRR1.SGM 08MRR1 14290 Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations Applies to subpart QQQQQQ? Citation Subject 63.6(h)(6)–(9) ........... 63.7 .......................... Availability of records and use of continuous opacity monitoring system. Extension of compliance with emissions standards Exemption from compliance with emissions standards. Performance Testing Requirements ....................... No .................. 63.8(a)(1)–(2) ........... Applicability of monitoring requirements ................. No .................. 63.8(a)(3) .................. 63.8(a)(4) .................. Reserved ................................................................. Applicability of monitoring requirements ................. No. No .................. 63.8(b)–(g) ................ Conduct of monitoring ............................................. No .................. 63.9(a) ...................... Applicability and general information for notification requirements. Initial notifications .................................................... Reserved ................................................................. Initial notifications .................................................... Extension of compliance and special compliance requirements. Notification of performance test, opacity and visible emission observation, and requirements for sources with continuous monitoring systems. Notification of compliance status ............................ Reserved ................................................................. Notification of compliance status ............................ Adjustment to time periods or postmark deadlines for submittal and review of required communications, and change in information already provided. Electronic submission of notifications and reports Yes. 63.6(i) ....................... 63.6(j) ....................... 63.9(b)(1)–(2) ........... 63.9(b)(3) .................. 63.9(b)(4)–(5) ........... 63.9(c)–(d) ................ 63.9(e), (f), (g) .......... 63.9(h)(1)–(3) ........... 63.9(h)(4) .................. 63.9(h)(5)–(6) ........... 63.9(i)–(j) .................. 63.9(k) ...................... 63.10(a)–(b) .............. 63.10(c)(1) ................ 63.10(c)(2)–(4) .......... 63.10(c)(5)–(8) .......... 63.10(c)(9) ................ 63.10(c)(10)–(15) ...... 63.10(d)–(f) ............... 63.11 ......................... 63.12 ......................... 63.13 ......................... 63.14 ......................... 63.15 ......................... 63.16 ......................... Recordkeeping and reporting requirement applicability and general information. Additional recordkeeping requirements for sources with continuous monitoring systems. Reserved ................................................................. Additional recordkeeping requirements for sources with continuous monitoring systems. Reserved ................................................................. Additional recordkeeping requirements for sources with continuous monitoring systems. General reporting requirements, additional requirements for sources with continuous monitoring systems, and waiver of recordkeeping or reporting requirements. Control device requirements for flares and work practice requirements for monitoring leaks. State authorities and delegations ........................... Addresses of state air pollution control agencies and EPA Regional Offices. Incorporations by Reference ................................... Availability of information and confidentiality .......... Requirements for Performance Track member facilities. No .................. Explanation Subpart QQQQQQ does not contain emission or opacity limits. Yes. Yes. Subpart QQQQQQ does not require performance tests. Subpart QQQQQQ does not require monitoring of emissions. Subpart QQQQQQ does not require monitoring of emissions. Subpart QQQQQQ does not require monitoring of emissions. Yes. No. Yes. Yes. No .................. Subpart QQQQQQ does not require monitoring of emissions. Yes. No. Yes. Yes. No .................. No .................. No .................. No. No .................. No. No .................. No .................. No .................. Subpart QQQQQQ does not require electronic reporting. Subpart QQQQQQ establishes requirements for a report of deviations within 30 days. Subpart QQQQQQ does not require the use of continuous monitoring systems. Subpart QQQQQQ does not require the use of continuous monitoring systems. Subpart QQQQQQ does not require the use of continuous monitoring systems. Subpart QQQQQQ establishes requirements for a report of deviations within 30 days. Subpart QQQQQQ does not require flares and does not require monitoring for leaks. Yes. Yes. Yes. Yes. Yes. [FR Doc. 2023–04376 Filed 3–7–23; 8:45 am] lotter on DSK11XQN23PROD with RULES1 BILLING CODE 6560–50–P VerDate Sep<11>2014 15:51 Mar 07, 2023 Jkt 259001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\08MRR1.SGM 08MRR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14280-14290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2021-0133; FRL-8473-03-OAR]
RIN 2060-AV27


National Emission Standards for Hazardous Air Pollutants: Wood 
Preserving Area Sources Technology Review; Technical Correction for 
Surface Coating of Wood Building Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the technology review (TR) conducted for 
the Wood Preserving Area Sources category regulated under national 
emission standards for hazardous air pollutants (NESHAP). While the 
Environmental Protection Agency (EPA) is making no changes to the 
existing standards as a result of the TR, this action establishes minor 
editorial and formatting changes to the Wood Preserving Area Sources 
NESHAP table of applicable general provisions. In addition, the EPA is 
finalizing technical corrections to the Surface Coating of Wood 
Building Products NESHAP.

DATES: This final rule is effective on March 8, 2023.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2021-0133. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (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 
through https://www.regulations.gov/, or in hard copy at the EPA Docket 
Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, 
Washington, DC. The Public Reading Room hours of operation are 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Cyrus Ma, Sector Policies and 
Programs Division (mail code E143-03), Office of Air Quality Planning 
and Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-4210; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. Throughout this preamble the 
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We 
use multiple acronyms and terms in this preamble. While this list may 
not be exhaustive, to ease the reading of this preamble and for 
reference purposes, the EPA defines the following terms and acronyms 
here:

CAA Clean Air Act
CBI Confidential Business Information
CCA Chromated Copper Arsenate
CFR Code of Federal Regulations
CRA Congressional Review Act
EJ Environmental Justice
EPA Environmental Protection Agency
EST Eastern Standard Time
GACT Generally Available Control Technology
HAP Hazardous Air Pollutant(s)
KM Kilometer

[[Page 14281]]

MACT Maximum Achievable Control Technology
NESHAP National Emission Standards for Hazardous Air Pollutants
NTTAA National Technology Transfer and Advancement Act
OCSPP Office of Chemical Safety and Pollution Prevention
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
TR Technology Review
UMRA Unfunded Mandates Reform Act

    Background information. On March 7, 2022, the EPA proposed 
revisions to the Wood Preserving Area Sources NESHAP based on our TR. 
In this action, we are finalizing decisions and revisions for the rule. 
We summarize comments we received regarding the proposed rule and 
provide our responses in this preamble. A ``track changes'' version of 
the regulatory language that incorporates the changes in this action is 
available in the docket (docket ID No. EPA-HQ-OAR-2021-0133).
    Organization of this document. The information in this preamble is 
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What is the Wood Preserving Area Sources source category and 
how does the NESHAP regulate HAP emissions from the source category?
    C. What changes did we propose for the Wood Preserving Area 
Sources source category in our March 7, 2022, proposal?
III. What is included in this final rule?
    A. What are the final rule amendments based on the technology 
review for the Wood Preserving Area Sources source category?
    B. What other changes are we finalizing in the NESHAP for Wood 
Preserving Area Sources?
    C. What are the technical corrections to the NESHAP for Surface 
Coating of Wood Building Products?
IV. What is the rationale for our final decisions and amendments for 
the Wood Preserving Area Sources source category and the technical 
corrections to the NESHAP for Surface Coating of Wood Building 
Products?
    A. Technology Review for the Wood Preserving Area Sources Source 
Category
    1. What did we propose pursuant to CAA section 112(d)(6) for the 
Wood Preserving Area Sources source category?
    2. How did the TR change for the Wood Preserving Area Sources 
source category?
    3. What comments did we receive on the TR, and what are our 
responses?
    4. What is the rationale for our final approach for the TR?
    B. Changes to Wood Preserving Area Sources NESHAP Table 1 to 
Subpart QQQQQQ of Part 63--Applicability of General Provisions to 
Subpart QQQQQQ
    1. What changes did we propose to Table 1 to Subpart QQQQQQ of 
Part 63--Applicability of General Provisions to Subpart QQQQQQ?
    2. How did revisions in the final action change Table 1 to 
Subpart QQQQQQ of Part 63--Applicability of General Provisions to 
Subpart QQQQQQ?
    3. What comments did we receive on the proposed changes to Table 
1 to Subpart QQQQQQ of Part 63--Applicability of General Provisions 
to Subpart QQQQQQ, and what are our responses?
    4. What is the rationale for our final approach for the changes 
to Table 1 to Subpart QQQQQQ of Part 63--Applicability of General 
Provisions to Subpart QQQQQQ?
    C. Technical Corrections to the NESHAP for Surface Coating of 
Wood Building Products
    1. What technical corrections were proposed to the NESHAP for 
Surface Coating of Wood Building Products?
    2. How did the technical corrections to the NESHAP for Surface 
Coating of Wood Building Products change?
    3. What comments did we receive on the technical corrections to 
the NESHAP for Surface Coating of Wood Building Products?
    4. What is the rationale for our final approach for the 
technical corrections to the NESHAP for Surface Coating of Wood 
Building Products?
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

                 Table 1--NESHAP and Industrial Source Categories Affected by This Final Action
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                   NESHAP                                Source category                   NAICS \1\ code
----------------------------------------------------------------------------------------------------------------
40 CFR part 63, subpart QQQQQQ..............  Wood Preserving Area Sources........                       321114.
40 CFR part 63, subpart QQQQ................  Surface Coating of Wood Building           321211, 321212, 321218,
                                               Products.                                 321219, 321911, 321999.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source category listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a

[[Page 14282]]

copy of this final action at: https://www.epa.gov/stationary-sources-air-pollution/wood-preserving-area-sources-national-emission-standards-hazardous. Following publication in the Federal Register, the EPA will 
post the Federal Register version and key technical documents at this 
same website.
    Additional information is available at https://www.epa.gov/stationary-sources-air-pollution/wood-preserving-area-sources-national-emission-standards-hazardous. This information includes a summary of 
the NESHAP, links to the various regulatory actions for the source 
category, and other related documents.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the Court) by May 8, 2023. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    The statutory authority for this action is provided by sections 112 
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 
112(d)(6) requires the EPA to review standards promulgated under CAA 
section 112(d) and revise them ``as necessary (taking into account 
developments in practices, processes, and control technologies)'' no 
less often than every 8 years following promulgation of those 
standards. This is referred to as a ``technology review'' and is 
required for all standards established under CAA section 112(d) 
including generally available control technology (GACT) standards that 
apply to area sources.\1\ This action finalizes the 112(d)(6) 
technology review for the Wood Preserving Area Sources area source 
NESHAP.
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    \1\ For categories of area sources subject to GACT standards, 
CAA sections 112(d)(5) and (f)(5) provide that the EPA is not 
required to conduct a residual risk review under CAA section 
112(f)(2).
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    Several additional CAA sections are relevant to this action as they 
specifically address regulation of hazardous air pollutant (HAP) 
emissions from area sources. Collectively, CAA sections 112(c)(3), 
(d)(5), and (k)(3) are the basis of the Area Source Program under the 
Urban Air Toxics Strategy, which provides the framework for regulation 
of area sources under CAA section 112.
    Section 112(k)(3)(B) of the CAA requires the EPA to identify at 
least 30 HAP that pose the greatest potential health threat in urban 
areas with a primary goal of achieving a 75 percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources. As 
discussed in the Integrated Urban Air Toxics Strategy (64 FR 38706, 
38715, July 19, 1999), the EPA identified 30 HAP emitted from area 
sources that pose the greatest potential health threat in urban areas, 
and these HAP are commonly referred to as the ``30 urban HAP.''
    Section 112(c)(3), in turn, requires the EPA to list sufficient 
categories or subcategories of area sources to ensure that area sources 
representing 90 percent of the emissions of the 30 urban HAP are 
subject to regulation. The EPA implemented these requirements through 
the Integrated Urban Air Toxics Strategy by identifying and setting 
standards for categories of area sources including the Wood Preserving 
Area Sources source category that is addressed in this action.
    CAA section 112(d)(5) provides that for area source categories, in 
lieu of setting maximum achievable control technology (MACT) standards 
(which are generally required for major source categories), the EPA may 
elect to promulgate standards or requirements for area sources ``which 
provide for the use of generally available control technology or 
management practices [GACT] by such sources to reduce emissions of 
hazardous air pollutants.'' In developing such standards, the EPA 
evaluates the control technologies and management practices that reduce 
HAP emissions that are generally available for each area source 
category. Consistent with the legislative history, we can consider 
costs and economic impacts in determining what constitutes GACT.
    GACT standards were set for the Wood Preserving Area Sources source 
category in 2007. As noted above, this action finalizes the required 
CAA 112(d)(6) technology review for that source category.

B. What is the Wood Preserving Area Sources source category and how 
does the NESHAP regulate HAP emissions from the source category?

    The EPA promulgated the Wood Preserving Area Sources NESHAP on July 
16, 2007 (72 FR 38864). The standards are codified at 40 CFR part 63, 
subpart QQQQQQ. The Wood Preserving Area Sources industry consists of 
facilities that use either a pressurized or thermal treatment process 
to impregnate wood with chemicals that provide long-term resistance to 
attack by fungi, bacteria, insects, or marine borers. Some of the 
products produced by the wood preserving industry include posts, cross 
ties, switch ties, utility poles, round timber pilings, lumber for 
aquatic applications, and fire-retardant lumber products.
    More than 95 percent of all treated wood is preserved through 
pressurized processes. Almost all pressurized wood preservation 
processes use a closed treating cylinder or retort. A retort is an 
airtight pressure vessel, typically a long horizontal cylinder, used 
for the pressure impregnation of wood products with a liquid 
preservative. In a thermal treatment process, the wood is exposed to 
the preservative in an open vessel. The wood is immersed between 
separate tanks containing heated and cold preservative, which are 
either oil-borne or waterborne. Alternatively, thermal treated wood may 
be immersed in one tank that is first heated then allowed to cool. 
During the hot bath, the expansion of air in the wood forces some air 
out and improves the penetration of preservatives. In the cold bath, 
air in the wood contracts, creating a partial

[[Page 14283]]

vacuum, and atmospheric pressure forces more preservative into the 
wood.
    There are three general classes of wood preservatives: (a) oils, 
such as creosote and petroleum solutions of pentachlorophenol (PCP) and 
copper naphthenate, (b) waterborne salts that are applied as water 
solutions, such as chromated copper arsenate (CCA), and (c) light 
organic solvents, which serve as carriers for synthetic insecticides. 
Over the past few decades, the wood preserving industry has undergone 
several changes related to the types of preservatives used for certain 
applications and the associated emissions. Of the variety of wood 
preservatives being used today, some contain HAP while others do not.
    Per 40 CFR 63.11428, the NESHAP is applicable to any wood 
preserving operation located at an area source that emits HAP. However, 
the urban HAP for which the source category was listed are arsenic, 
chromium, methylene chloride, and dioxins (72 FR 16652). As such, the 
Wood Preserving Area Sources NESHAP only applies to operations with the 
potential to emit these four urban HAP. Three wood preservatives, PCP, 
CCA, and ammoniacal copper zinc arsenate (ACZA), contain at least one 
of the urban HAP. The HAP PCP contains trace concentrations of dioxins, 
which are an urban HAP. The urban HAP arsenic and chromium are 
contained in CCA. The urban HAP arsenic is contained in ACZA. The EPA 
is not aware of any facilities currently using a wood preservative 
containing the urban HAP methylene chloride. No methylene chloride 
emissions were reported in the 2019 Toxic Release Inventory (TRI) and 
the EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) 
does not currently identify the use of methylene chloride as a wood 
preservative. Altogether, the source category covered by the GACT 
standards currently includes 322 facilities. The EPA estimates that 177 
of the 322 Wood Preserving Area Sources use a wood preservative 
containing an urban HAP and are therefore subject to the GACT 
standards. The remaining area sources use wood preservatives that do 
not contain HAP or use creosote, which contains the HAP naphthalene.
    The GACT standards require any facility using a pressure treatment 
process to use a retort or similarly enclosed vessel for the 
preservative treatment. Facilities using a thermal treatment process 
are required to use process treatment tanks equipped with air 
scavenging systems to capture and control air emissions. In addition, 
all facilities must prepare and operate according to a management 
practice plan to minimize air emissions, including emissions from 
process tanks and equipment (e.g., retorts, other enclosed vessels, 
thermal treatment tanks), storage, handling, and transfer operations. 
These standards are required to be documented in a management practices 
plan. See 40 CFR 63.11430(c).

C. What changes did we propose for the Wood Preserving Area Sources 
source category in our March 7, 2022, proposal?

    On March 7, 2022, the EPA published a proposed rule in the Federal 
Register for the Wood Preserving Area Source NESHAP, 40 CFR part 63, 
subpart QQQQQQ, that took into consideration the TR analyses. In the 
proposed rule, we proposed no changes to the standards as a result of 
the TR. The EPA proposed minor editorial and formatting changes to 
Table 1 in the Wood Preserving Area Sources NESHAP which outlines the 
applicability of CAA General Provisions (see docket ID EPA-HQ-OAR-2021-
0133-0017 for Redline Version of 40 CFR part 63, subpart QQQQQQ Showing 
Proposed Changes).

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the TR 
provisions of CAA section 112 for the Wood Preserving Area Sources 
source category. This action also finalizes other changes to the 
NESHAP, including minor editorial and formatting changes to Table 1 in 
the Wood Preserving Area Sources NESHAP.

A. What are the final rule amendments based on the technology review 
for the Wood Preserving Area Sources source category?

    We determined that there are no developments in practices, 
processes, and control technologies that warrant revisions to the GACT 
standards for this source category. Therefore, this final rule does not 
make any revisions to the GACT standards under CAA section 112(d)(6).

B. What other changes are we finalizing in the NESHAP for Wood 
Preserving Area Sources?

    This action also finalizes, as proposed, minor editorial and 
formatting changes to the Wood Preserving Area Sources NESHAP Table 1, 
which outlines the applicability of CAA General Provisions. The notice 
of proposed rulemaking described the changes to the Subpart QQQQQQ 
Table 1, and a redline strikeout version of the Subpart QQQQQQ Table 1 
showing proposed changes was available in the docket (see docket ID 
EPA-HQ-OAR-2021-0133-0017). This action finalizes the changes as 
detailed in that document.

C. What are the technical corrections to the NESHAP for Surface Coating 
of Wood Building Products?

    This action finalizes technical corrections to the NESHAP for 
Surface Coating of Wood Building Products. As described in the March 7, 
2022, proposal, changes are necessary because the NESHAP for Surface 
Coating of Wood Building Products contains a reference to an 
Occupational Safety and Health Administration (OSHA) provision that has 
since been removed.

IV. What is the rationale for our final decisions and amendments for 
the Wood Preserving Area Sources source category and the technical 
corrections to the NESHAP for Surface Coating of Wood Building 
Products?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of comments and 
responses.

A. Technology Review for the Wood Preserving Area Sources Source 
Category

1. What did we propose pursuant to CAA section 112(d)(6) for the Wood 
Preserving Area Sources source category?
    Based on our TR described in the March 7, 2022, proposal (87 FR 
12633), we found no developments in practices, processes, or control 
technologies that necessitate revisions to the standards for the Wood 
Preserving Area Sources NESHAP (40 CFR part 63, subpart QQQQQQ).
2. How did the TR change for the Wood Preserving Area Sources source 
category?
    After considering the comments received on the proposed rule and 
given that commenters did not identify any new practices, processes, 
and control technologies to further reduce emissions of arsenic, 
chromium, dioxins, or methylene chloride, the EPA has decided that no 
changes to the TR are necessary. Therefore, the EPA is finalizing its 
findings in the proposed rule that revisions to the emission standards 
for the Wood Preserving Area Sources NESHAP are not warranted under CAA 
section 112(d)(6).
3. What comments did we receive on the TR, and what are our responses?
    Two comments were received on the proposed rulemaking. To access 
these

[[Page 14284]]

comments in the docket for the proposed rule, see Docket ID No. EPA-HQ-
OAR-2021-0133-0022 and EPA-HQ-OAR-2021-0133-0021.
    Comment: A commenter acknowledged that EPA regulations minimize 
emissions of the urban HAP (arsenic, chromium, dioxins, and methylene 
chloride) but expressed concern regarding the health impacts associated 
with long-term exposure. The commenter stated that the EPA's 
determination that there was no cost-effective measure to further 
reduce emissions failed to consider the human health costs related to 
the bioaccumulation of HAP in surrounding environments and the 
secondary exposure to people beyond those directly affected at the 
source. The commenter suggested that the EPA consider natural and 
sustainable ways of preserving wood that do not incorporate synthetic 
chemicals and referenced an article on the complex nanostructure of 
cicada wings. The article, last updated in 2021, indicates that the 
surface of cicada wings is comprised of microscopic ``nanopillars'' and 
is naturally coated with waxy substances that repel water, dirt, and 
bacteria. The author of the article writes that scientists are 
currently exploring ways to design and manufacture nanoscale surfaces 
that possess these properties.
    Response: The TR did not identify any generally available non-
synthetic methods of wood preserving, and the commenter did not provide 
any direct information identifying an industrial-scale natural method 
of treating wood that would produce long-term resistance to attack by 
fungi, bacteria, insects, or marine borers for use as posts, cross 
ties, switch ties, utility poles, round timber pilings, lumber for 
aquatic applications, and fire-retardant wood products. The EPA did not 
identify any natural wood preserving methods that imitate the 
nanostructure of cicada wings and their ability to repel water, dirt, 
and bacteria.
    Comment: A commenter opposed the proposal on the basis that there 
should be stronger standards to protect populations of concern. The 
commenter stated that although air quality would not be negatively 
impacted by the proposed action, it would also not improve it for 
populations of concern. The commenter restated results from our 
demographic analysis and pointed out that people of lower socioeconomic 
status and minorities are being exposed to emissions at a higher rate 
than other populations. The commenter noted that if arsenic levels are 
high enough, it can negatively impact the environment. The commenter 
requested that the EPA reevaluate the proposed decision.
    Response: This action implements CAA section 112(d)(6), which 
requires the EPA to review standards promulgated under CAA section 
112(d) and revise them ``as necessary (taking into account developments 
in practices, processes, and control technologies).'' The TR and 
neither commenter identified any cost-effective developments in 
practices, processes, and control technologies for wood preserving 
facilities that would further reduce emissions beyond the management 
practice and reporting requirements that currently exist in the rule. 
As the commenter noted, the proposal would not negatively impact air 
quality. The EPA notes that reducing emissions of urban air toxics has 
been a priority for EPA since the passage of the Clean Air Act 
Amendments in 1990. There have been significant reductions in urban air 
toxics because of EPA regulations, including the Wood Preserving Area 
Sources NESHAP, and enforcement actions. The EPA expects compliance 
with the Wood Preserving Area Sources NESHAP has reduced and will 
continue to reduce the effects of emissions on populations in proximity 
to wood preserving facilities, including in communities potentially 
overburdened by pollution. For more information on our analysis of 
environmental justice, see Section VI.F.
4. What is the rationale for our final approach for the TR?
    Based on the TR and after evaluating all comments received on the 
TR, we determined that no changes to the review are necessary. 
Therefore, pursuant to CAA section 112(d)(6), we are finalizing the TR 
as proposed.

B. Changes to Wood Preserving Area Sources NESHAP Table 1 to Subpart 
QQQQQQ of Part 63--Applicability of General Provisions to Subpart 
QQQQQQ

1. What changes did we propose to Table 1 to Subpart QQQQQQ of Part 
63--Applicability of General Provisions to Subpart QQQQQQ?
    In the March 7, 2022, proposal (87 FR 12633), we proposed minor 
editorial and formatting changes to Table 1 to Subpart QQQQQQ of Part 
63 for the Wood Preserving Area Sources NESHAP listing the applicable 
general provisions. The notice of proposed rulemaking described the 
changes and a redline strikeout version of Table 1 showing proposed 
changes was available in the docket.
2. How did revisions in the final action change Table 1 to Subpart 
QQQQQQ of Part 63--Applicability of General Provisions to Subpart 
QQQQQQ?
    In the final rule, the EPA is making the revisions to Table 1 to 
Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources NESHAP 
as described in the proposal published on March 7, 2022.
3. What comments did we receive on the proposed changes to Table 1 to 
Subpart QQQQQQ of Part 63--Applicability of General Provisions to 
Subpart QQQQQQ, and what are our responses?
    No comments were received on the proposed changes to Table 1 to 
Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources source 
category.
4. What is the rationale for our final approach for the changes to 
Table 1 to Subpart QQQQQQ of Part 63--Applicability of General 
Provisions to Subpart QQQQQQ?
    No comments were received regarding the proposed changes to Table 1 
to Subpart QQQQQQ of Part 63 for the Wood Preserving Area Sources 
source category. Therefore, those changes are being finalized as 
proposed.

C. Technical Corrections to the NESHAP for Surface Coating of Wood 
Building Products

1. What technical corrections were proposed to the NESHAP for Surface 
Coating of Wood Building Products?
    In the March 7, 2022, proposal (87 FR 12633), we proposed technical 
corrections to the NESHAP for Surface Coating of Wood Building 
Products. The proposed technical corrections were necessary because the 
NESHAP for Surface Coating of Wood Building Products contains a 
reference to an OSHA provision that has changed. The EPA proposed to 
amend 40 CFR 63.4741(a)(1)(i) and (a)(4), which describe how to 
determine the mass fraction of organic HAP in each material used, to 
remove references to OSHA-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4). The reference to OSHA-defined carcinogens as specified 
in 29 CFR 1910.1200(d)(4) is intended to specify which compounds must 
be included in calculating total organic HAP content of a coating 
material if they are present at 0.1 percent or greater by mass. The EPA 
is eliminating this reference because OSHA revised its hazard 
communication standard in 2012 and completely removed 29 CFR 
1910.1200(d)(4) from the CFR (58 FR

[[Page 14285]]

17574, March 26, 2012). Consequently, the NESHAP for Surface Coating of 
Wood Building Products cross-references a regulatory citation that no 
longer exists. The EPA proposed to replace these references to OSHA-
defined carcinogens and 29 CFR 1910.1200(d)(4) with a new table 
explicitly included in the regulatory text (proposed as Table 7 to 40 
CFR part 63, subpart QQQQ) of those organic HAP that must be included 
in calculating the total organic HAP content of a coating material if 
they are present at 0.1 percent or greater by mass. The proposed 
redline strikeout regulatory edits that would be necessary to 
incorporate the changes were included in the docket.
2. How did the technical corrections to the NESHAP for Surface Coating 
of Wood Building Products change?
    The EPA is finalizing the technical corrections to the NESHAP for 
Surface Coating of Wood Building Products as proposed.
3. What comments did we receive on the technical corrections to the 
NESHAP for Surface Coating of Wood Building Products?
    No comments were received on the proposed technical corrections to 
the NESHAP for Surface Coating of Wood Building Products.
4. What is the rationale for our final approach for the technical 
corrections to the NESHAP for Surface Coating of Wood Building 
Products?
    No comments were received on the proposed technical corrections to 
the NESHAP for Surface Coating of Wood Building Products. Therefore, 
the technical corrections to the NESHAP for Surface Coating of Wood 
Building Products are being finalized as proposed.

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    Approximately 322 area source wood preserving facilities in the 
United States are subject to 40 CFR part 63, subpart QQQQQQ. 
Approximately 177 of those facilities use or are permitted to use a 
wood preservative containing arsenic, chromium, dioxins, or methylene 
chloride, and therefore must comply with the management practice 
requirements.

B. What are the air quality impacts?

    Because we are not revising the standards for Wood Preserving Area 
Sources, we do not anticipate any quantifiable air quality impacts as a 
result of the final action.

C. What are the cost impacts?

    We expect that the action will have minimal cost impacts for Wood 
Preserving Area Sources. In the March 7, 2022, proposed rule we 
estimated a one-time cost of $270 per facility (in 2019 dollars) 
associated with an affected facility reviewing the rule. Because the 
EPA is finalizing the rule as proposed, there are no changes to this 
cost estimate.

D. What are the economic impacts?

    Economic impact analyses focus on changes in market prices and 
output levels. If changes in market prices and output levels in the 
primary markets are significant enough, impacts on other markets may 
also be examined. Both the magnitude of costs needed to comply with a 
final rule and the distribution of these costs among affected 
facilities can have a role in determining how the market will change in 
response to a final rule. Because the costs associated with the final 
revisions are minimal, no significant economic impacts are anticipated 
as a result of the final amendments. As presented in the March 7, 2022, 
proposed rule, the total cost associated with this action is estimated 
to be approximately $87,000. This estimate is based on the one-time 
cost of $270 per facility with 322 facilities estimated to be subject 
to the regulation.

E. What are the benefits?

    The final amendments to the Wood Preserving Areas Sources NESHAP 
are limited to editorial and technical corrections to Table 1 at the 
end of the regulation listing the applicable part 63 General 
Provisions. These changes improve the accuracy and clarity of the rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations 
of concern who are most likely to experience unequal burdens from 
environmental harms; specifically, minority populations (i.e., people 
of color), low-income populations, and Indigenous peoples (59 FR 7629, 
February 16, 1994). Additionally, Executive Order 13985 is intended to 
advance racial equity and support underserved communities through 
Federal government actions (86 FR 7009, January 20, 2021). The EPA 
defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' In recognizing that 
people of color and low-income populations often bear an unequal burden 
of environmental harms and risks, the EPA continues to consider ways of 
protecting them from adverse public health and environmental effects of 
air pollution.
    To examine the potential for any EJ issues that might be associated 
with the source category, we performed a demographic analysis at 
proposal, and have determined that the data and affected facilities did 
not change as a result of public comments. Therefore, the analysis from 
the proposed rule is still applicable for this final action. The 
results of the demographic analysis can be found in section IV(F) of 
the proposed rule's preamble (see 87 FR 12633, March 7, 2022). The 
analysis included an assessment of individual demographic groups of the 
populations living within 5 km and within 50 km of the facilities. We 
then compared the data from the analysis to the national average for 
each of the demographic groups. The results show that for populations 
within 5 km of the 322 existing facilities, the following demographic 
groups were above the national average: African American (21 percent 
versus 12 percent nationally), Hispanic/Latino (21 percent versus 19 
percent nationally), and people living below the poverty level (18 
percent versus 13 percent nationally). The results show that for 
populations within 50 km of the 322 existing facilities, the percent 
African American population was above the national average (14 percent 
versus 12 percent nationally). The methodology and the results of the 
demographic analysis are presented in a technical report, ``Analysis of 
Demographic Factors for Populations Living Near Wood Preserving Area 
Sources,'' available in the docket for this action (Docket ID No. EPA-
HQ-OAR-2021-0133).
    Given that the EPA is not revising the standards for Wood 
Preserving Area Sources, we do not anticipate any quantifiable air 
quality impacts as a result of the final action. The final amendments 
are limited to editorial and technical corrections to Table 1 at the 
end of the regulation listing the

[[Page 14286]]

applicable part 63 General Provisions. These changes improve the 
accuracy and clarity of the rule. We note that wood preservatives 
containing the urban HAP arsenic, chromium, methylene chloride, and 
dioxin (a trace contaminant in PCP) either have been significantly 
reduced, are in the process of being phased out, or have been phased 
out completely since this source category was listed (see Docket ID No. 
EPA-HQ-OAR-2021-0133-0016 Technology Review for the Wood Preserving 
Area Sources NESHAP, page 6, and Docket ID No. EPA-HQ-OPP-2014-0653 
Pentachlorophenol Final Registration Review Decision).

G. What analysis of children's environmental health did we conduct?

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0598. This action does not include any new 
reporting or recordkeeping requirements and therefore does not impose 
an information collection burden.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
small entities subject to the requirements of this action are small 
businesses. The Agency has determined that all small entities affected 
by this action, estimated to be 173 entities, may experience an impact 
of less than 0.7 percent of revenues, with approximately 91 percent of 
these entities estimated to experience a potential impact of less than 
0.1 percent of revenues. Details of the analysis were presented in the 
spreadsheet titled RFA_Analysis_Wood_2022_Final.xlsx, which is found in 
the docket.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. While this action 
creates an enforceable duty on the private sector, the cost does not 
exceed $100 million or more.

E. Executive Order 13132: Federalism

    This action does not have federalism implications in relation to 
Executive Order 13132. It will not have substantial direct effects on 
the states, on the relationship between the National Government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. None of the Wood Preserving Area Sources that 
have been identified as being affected by this action are owned or 
operated by tribal governments. However, we determined that 145 tribes 
were located near a Wood Preserving Area Source facility. Consistent 
with the EPA Policy on Coordination and Consultation with Indian 
Tribes, the EPA offered tribal leadership the opportunity for 
government-to-government consultation with no response.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because the EPA 
does not believe the environmental health risks or safety risks 
addressed by this action present a disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    The demographic analysis presented in Section V.F. of this preamble 
provides information on the demographic characteristics (e.g., race, 
ethnicity, income) of the populations living near wood preserving 
facilities but does not provide information on health or environmental 
effects from these sources. From the demographic analysis, EPA 
determined that for populations living within 5 km of wood preserving 
facilities the percentage of residents who are African American, 
Hispanic/Latino, or living below the poverty level are higher than the 
nationwide average (see section IV.F. of 87 FR 12633, March 7, 2022).
    Because percentages of people of color and low-income individuals 
living near wood preserving facilities are higher than nationwide 
averages, the EPA acknowledges that the human health or environmental 
conditions that exist prior to this action have the potential to result 
in disproportionate and adverse human health or environmental effects 
on people of color, low-income populations, and/or Indigenous peoples. 
However, we note that wood preservatives containing the urban HAP 
arsenic, chromium, methylene chloride, and dioxin (a trace contaminant 
in PCP) either have been significantly reduced, are in the process of 
being phased out, or have been phased out completely since this source 
category was listed. This action is not likely to change any potential 
existing disproportionate effects on people of color, low-income 
populations and/or Indigenous peoples because we are not amending 
existing emission standards in the Wood Preserving Area Sources NESHAP 
and are finalizing minor editorial and formatting changes as discussed 
earlier in this preamble.

[[Page 14287]]

    The information supporting this Executive Order review is contained 
in a technical report, Analysis of Demographic Factors for Populations 
Living Near National Emission Standard for Hazardous Air Pollutants: 
Technology Review for Wood Preserving Area Sources (see Docket ID No. 
EPA-HQ-OAR-2021-0133-0020) and is discussed in section V.F of this 
final rule.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report for this action to each House of the Congress and to the 
Comptroller General of the United States. Neither of the NESHAP amended 
by this action constitute a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.


Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart QQQQ--[Amended]

0
2. Section 63.4741 is amended by revising paragraphs (a)(1)(i) and 
(a)(4) to read as follows:


Sec.  63.4741  How do I demonstrate initial compliance with the 
emission limitations?

* * * * *
    (a) * * *
    (1) * * *
    (i) Count each organic HAP in Table 7 to Subpart QQQQ of Part 63 
that is measured to be present at 0.1 percent by mass or more and at 
1.0 percent by mass or more for other compounds. For example, if 
toluene (not listed in Table 7 to this subpart) is measured to be 0.5 
percent of the material by mass, you do not have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (e.g., 0.3791).
* * * * *
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP in Table 7 to this subpart that is present at 0.1 percent by mass 
or more and at 1.0 percent by mass or more for other compounds. For 
example, if toluene (not listed in Table 7 to this subpart) is 0.5 
percent of the material by mass, you do not have to count it. For 
reactive adhesives in which some of the HAP react to form solids and 
are not emitted to the atmosphere, you may rely on manufacturer's data 
that expressly states the organic HAP or volatile matter mass fraction 
emitted. If there is a disagreement between such information and 
results of a test conducted according to paragraphs (a)(1) through (3) 
of this section, then the test method results will take precedence 
unless, after consultation, you demonstrate to the satisfaction of the 
enforcement agency the formulation data are correct.
* * * * *

0
3. Table 7 to subpart QQQQ of part 63 is added to read as follows:

  Table 7 to Subpart QQQQ of Part 63--List of HAP That Must Be Counted
  Toward Organic HAP Content if Present at 0.1 Percent or More by Mass
------------------------------------------------------------------------
                      Chemical name                           CAS No.
------------------------------------------------------------------------
1,1,2,2-Tetrachloroethane...............................         79-34-5
1,1,2-Trichloroethane...................................         79-00-5
1,1-Dimethylhydrazine...................................         57-14-7
1,2-Dibromo-3-chloropropane.............................         96-12-8
1,2-Diphenylhydrazine...................................        122-66-7
1,3-Butadiene...........................................        106-99-0
1,3-Dichloropropene.....................................        542-75-6
1,4-Dioxane 123-91-1....................................
2,4,6-Trichlorophenol...................................         88-06-2
2,4/2,6-Dinitrotoluene (mixture)........................      25321-14-6
2,4-Dinitrotoluene......................................        121-14-2
2,4-Toluene diamine.....................................         95-80-7
2-Nitropropane..........................................         79-46-9
3,3'-Dichlorobenzidine..................................         91-94-1
3,3'-Dimethoxybenzidine.................................        119-90-4
3,3'-Dimethylbenzidine..................................        119-93-7
4,4'-Methylene bis(2-chloroaniline).....................        101-14-4
Acetaldehyde............................................         75-07-0
Acrylamide..............................................         79-06-1
Acrylonitrile...........................................        107-13-1
Allyl chloride..........................................        107-05-1
alpha-Hexachlorocyclohexane (a-HCH).....................        319-84-6
Aniline.................................................         62-53-3
Benzene.................................................         71-43-2
Benzidine...............................................         92-87-5
Benzotrichloride........................................         98-07-7
Benzyl chloride.........................................        100-44-7
beta-Hexachlorocyclohexane (b-HCH)......................        319-85-7
Bis(2-ethylhexyl)phthalate..............................        117-81-7
Bis(chloromethyl)ether..................................        542-88-1
Bromoform...............................................         75-25-2

[[Page 14288]]

 
Captan..................................................        133-06-2
Carbon tetrachloride....................................         56-23-5
Chlordane...............................................         57-74-9
Chlorobenzilate.........................................        510-15-6
Chloroform..............................................         67-66-3
Chloroprene.............................................        126-99-8
Cresols (mixed).........................................       1319-77-3
DDE.....................................................       3547-04-4
Dichloroethyl ether.....................................        111-44-4
Dichlorvos..............................................         62-73-7
Epichlorohydrin.........................................        106-89-8
Ethyl acrylate..........................................        140-88-5
Ethylene dibromide......................................        106-93-4
Ethylene dichloride.....................................        107-06-2
Ethylene oxide..........................................         75-21-8
Ethylene thiourea.......................................         96-45-7
Ethylidene dichloride (1,1-Dichloroethane)..............         75-34-3
Formaldehyde............................................         50-00-0
Heptachlor..............................................         76-44-8
Hexachlorobenzene.......................................        118-74-1
Hexachlorobutadiene.....................................         87-68-3
Hexachloroethane........................................         67-72-1
Hydrazine...............................................        302-01-2
Isophorone..............................................         78-59-1
Lindane (hexachlorocyclohexane, all isomers)............         58-89-9
m-Cresol................................................        108-39-4
Methylene chloride......................................         75-09-2
Naphthalene.............................................         91-20-3
Nitrobenzene............................................         98-95-3
Nitrosodimethylamine....................................         62-75-9
o-Cresol................................................         95-48-7
o-Toluidine.............................................         95-53-4
Parathion...............................................         56-38-2
p-Cresol................................................        106-44-5
p-Dichlorobenzene.......................................        106-46-7
Pentachloronitrobenzene.................................         82-68-8
Pentachlorophenol.......................................         87-86-5
Propoxur................................................        114-26-1
Propylene dichloride....................................         78-87-5
Propylene oxide.........................................         75-56-9
Quinoline...............................................         91-22-5
Tetrachloroethene.......................................        127-18-4
Toxaphene...............................................       8001-35-2
Trichloroethylene.......................................         79-01-6
Trifluralin.............................................       1582-09-8
Vinyl bromide...........................................        593-60-2
Vinyl chloride..........................................         75-01-4
Vinylidene chloride.....................................         75-35-4
------------------------------------------------------------------------

Subpart QQQQQQ--[Amended]

0
4. Table 1 to subpart QQQQQQ of part 63 is revised to read as follows:

Table 1 to Subpart QQQQQQ of Part 63--Applicability of General 
Provisions to Subpart QQQQQQ

    As required in Sec.  63.11432, you must comply with the 
requirements of the NESHAP General Provisions (40 CFR part 63, subpart 
A) as shown in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                 Applies to  subpart
             Citation                       Subject                    QQQQQQ?                 Explanation
----------------------------------------------------------------------------------------------------------------
63.1(a)(1)-(4)....................  General applicability    Yes.......................
                                     of the General
                                     Provisions.
63.1(a)(5)........................  Reserved...............  No........................
63.1(a)(6)........................  General applicability    Yes.......................
                                     of the General
                                     Provisions.
63.1(a)(7)-(9)....................  Reserved...............  No........................
63.1(a)(10)-(12)..................  General applicability    Yes.......................
                                     of the General
                                     Provisions.
63.1(b)(1)........................  Initial applicability    Yes.......................
                                     determination.
63.1(b)(2)........................  Reserved...............  No........................
63.1(b)(3)........................  Record of applicability  Yes.......................
                                     determination.

[[Page 14289]]

 
63.1(c)(1)-(2)....................  Applicability of         Yes.......................
                                     subpart A of this part
                                     after a relevant
                                     standard has been set.
63.1(c)(3)-(4)....................  Reserved...............  No........................
63.1(c)(5)........................  Notification             Yes.......................
                                     requirements for an
                                     area source that
                                     increases HAP
                                     emissions to major
                                     source levels.
63.1(c)(6)........................  Reclassification.......  Yes.......................
63.1(d)...........................  Reserved...............  No........................
63.1(e)...........................  Applicability of permit  Yes.......................
                                     program before a
                                     relevant standard has
                                     been set.
63.2..............................  Definitions............  Yes.......................
63.3..............................  Units and abbreviations  Yes.......................
63.4..............................  Prohibited activities    Yes.......................
                                     and circumvention.
63.5(a)(1)........................  Applicability of         No........................
                                     preconstruction review
                                     requirements.
63.5(a)(2)........................  Applicability of         Yes.......................
                                     notification
                                     requirements.
63.5(b)(1)........................  Requirements for newly   Yes.......................
                                     constructed and
                                     reconstructed sources.
63.5(b)(2)........................  Reserved...............  No........................
63.5(b)(3)........................  Required                 No........................  Subpart QQQQQQ does not
                                     preconstruction                                      regulate major
                                     approval required for                                sources.
                                     major source
                                     construction and
                                     reconstruction.
63.5(b)(4)........................  Notification             Yes.......................
                                     requirements for
                                     construction or
                                     reconstruction of area
                                     sources.
63.5(b)(5)........................  Reserved...............  No........................
63.5(b)(6)........................  Added equipment (or a    Yes.......................
                                     process change) must
                                     be considered part of
                                     the affected source
                                     and subject to all
                                     provisions in the
                                     relevant standards.
63.5(c)...........................  Reserved...............  No........................
63.5(d)...........................  Application for          No........................  Subpart QQQQQQ does not
                                     approval of                                          require an application
                                     construction or                                      for construction or
                                     reconstruction.                                      reconstruction.
63.5(e)...........................  Approval of              No........................  Subpart QQQQQQ does not
                                     construction or                                      require application
                                     reconstruction.                                      approval before
                                                                                          construction or
                                                                                          reconstruction.
63.5(f)...........................  Approval of              No........................  Subpart QQQQQQ does not
                                     construction or                                      require approval of
                                     reconstruction based                                 construction or
                                     on prior State                                       reconstruction based
                                     preconstruction review.                              on prior State
                                                                                          preconstruction
                                                                                          review.
63.6(a)...........................  Compliance with          Yes.......................
                                     standards and
                                     maintenance
                                     requirements.
63.6(b)(1)-(5)....................  Compliance dates for     Yes.......................
                                     new and reconstructed
                                     sources.
63(b)(6)..........................  Reserved...............  No........................
63(b)(7)..........................  Compliance dates for     Yes.......................
                                     new and reconstructed
                                     sources.
63.6(c)(1)-(2)....................  Compliance dates for     Yes.......................
                                     existing sources.
63.6(c)(3)-(4)....................  Reserved...............  No........................
63.6(c)(5)........................  Compliance dates for     Yes.......................
                                     existing sources.
63.6(d)...........................  Reserved...............  No
63.6(e)(1)........................  Operation and            Yes.......................
                                     maintenance
                                     requirements.
63.6(e)(2)........................  Reserved...............  No........................
63.6(e)(3)(i).....................  Startup, shutdown, and   No........................  Subpart QQQQQQ does not
                                     malfunction plan.                                    require a startup,
                                                                                          shutdown, and
                                                                                          malfunction plan.
63.6(e)(3)(ii)....................  Reserved...............  No........................
63.6(e)(3)(iii)-(ix)..............  Startup, shutdown, and   No........................  Subpart QQQQQQ does not
                                     malfunction plan.                                    require a startup,
                                                                                          shutdown, and
                                                                                          malfunction plan.
63.6(f)...........................  Compliance with          No........................  Subpart QQQQQQ does not
                                     nonopacity emission                                  contain emission or
                                     standards.                                           opacity limits.
63.6(g)...........................  Use of an alternative    No........................  Subpart QQQQQQ does not
                                     nonopacity emission                                  contain emission or
                                     standard.                                            opacity limits.
63.6(h)(1)........................  Compliance with opacity  No........................  Subpart QQQQQQ does not
                                     and visible emissions                                contain emission or
                                     standards.                                           opacity limits.
63.6(h)(2)(i).....................  Compliance with opacity  No........................  Subpart QQQQQQ does not
                                     and visible emissions                                contain emission or
                                     standards.                                           opacity limits.
63.6(h)(2)(ii)....................  Reserved...............  No........................
63.6(h)(2)(iii)...................  Compliance with opacity  No........................  Subpart QQQQQQ does not
                                     and visible emissions                                contain emission or
                                     standards.                                           opacity limits.
63.6(h)(3)........................  Reserved...............  No........................
63.6(h)(4)........................  Notification of opacity  No........................  Subpart QQQQQQ does not
                                     or visible emission                                  contain emission or
                                     observations.                                        opacity limits.
63.6 (h)(5)(i)-(iii)..............  Conduct of opacity or    No........................  Subpart QQQQQQ does not
                                     visible emission                                     contain emission or
                                     observations.                                        opacity limits.
63.6(h)(5)(iv)....................  Reserved...............  No........................
63.6(h)(5)(v).....................  Conduct of opacity or    No........................  Subpart QQQQQQ does not
                                     visible emission                                     contain emission or
                                     observations.                                        opacity limits.

[[Page 14290]]

 
63.6(h)(6)-(9)....................  Availability of records  No........................  Subpart QQQQQQ does not
                                     and use of continuous                                contain emission or
                                     opacity monitoring                                   opacity limits.
                                     system.
63.6(i)...........................  Extension of compliance  Yes.......................
                                     with emissions
                                     standards.
63.6(j)...........................  Exemption from           Yes.......................
                                     compliance with
                                     emissions standards.
63.7..............................  Performance Testing      No........................  Subpart QQQQQQ does not
                                     Requirements.                                        require performance
                                                                                          tests.
63.8(a)(1)-(2)....................  Applicability of         No........................  Subpart QQQQQQ does not
                                     monitoring                                           require monitoring of
                                     requirements.                                        emissions.
63.8(a)(3)........................  Reserved...............  No........................
63.8(a)(4)........................  Applicability of         No........................  Subpart QQQQQQ does not
                                     monitoring                                           require monitoring of
                                     requirements.                                        emissions.
63.8(b)-(g).......................  Conduct of monitoring..  No........................  Subpart QQQQQQ does not
                                                                                          require monitoring of
                                                                                          emissions.
63.9(a)...........................  Applicability and        Yes.......................
                                     general information
                                     for notification
                                     requirements.
63.9(b)(1)-(2)....................  Initial notifications..  Yes.......................
63.9(b)(3)........................  Reserved...............  No........................
63.9(b)(4)-(5)....................  Initial notifications..  Yes.......................
63.9(c)-(d).......................  Extension of compliance  Yes.......................
                                     and special compliance
                                     requirements.
63.9(e), (f), (g).................  Notification of          No........................  Subpart QQQQQQ does not
                                     performance test,                                    require monitoring of
                                     opacity and visible                                  emissions.
                                     emission observation,
                                     and requirements for
                                     sources with
                                     continuous monitoring
                                     systems.
63.9(h)(1)-(3)....................  Notification of          Yes.......................
                                     compliance status.
63.9(h)(4)........................  Reserved...............  No........................
63.9(h)(5)-(6)....................  Notification of          Yes.......................
                                     compliance status.
63.9(i)-(j).......................  Adjustment to time       Yes.......................
                                     periods or postmark
                                     deadlines for
                                     submittal and review
                                     of required
                                     communications, and
                                     change in information
                                     already provided.
63.9(k)...........................  Electronic submission    No........................  Subpart QQQQQQ does not
                                     of notifications and                                 require electronic
                                     reports.                                             reporting.
63.10(a)-(b)......................  Recordkeeping and        No........................  Subpart QQQQQQ
                                     reporting requirement                                establishes
                                     applicability and                                    requirements for a
                                     general information.                                 report of deviations
                                                                                          within 30 days.
63.10(c)(1).......................  Additional               No........................  Subpart QQQQQQ does not
                                     recordkeeping                                        require the use of
                                     requirements for                                     continuous monitoring
                                     sources with                                         systems.
                                     continuous monitoring
                                     systems.
63.10(c)(2)-(4)...................  Reserved...............  No........................
63.10(c)(5)-(8)...................  Additional               No........................  Subpart QQQQQQ does not
                                     recordkeeping                                        require the use of
                                     requirements for                                     continuous monitoring
                                     sources with                                         systems.
                                     continuous monitoring
                                     systems.
63.10(c)(9).......................  Reserved...............  No........................
63.10(c)(10)-(15).................  Additional               No........................  Subpart QQQQQQ does not
                                     recordkeeping                                        require the use of
                                     requirements for                                     continuous monitoring
                                     sources with                                         systems.
                                     continuous monitoring
                                     systems.
63.10(d)-(f)......................  General reporting        No........................  Subpart QQQQQQ
                                     requirements,                                        establishes
                                     additional                                           requirements for a
                                     requirements for                                     report of deviations
                                     sources with                                         within 30 days.
                                     continuous monitoring
                                     systems, and waiver of
                                     recordkeeping or
                                     reporting requirements.
63.11.............................  Control device           No........................  Subpart QQQQQQ does not
                                     requirements for                                     require flares and
                                     flares and work                                      does not require
                                     practice requirements                                monitoring for leaks.
                                     for monitoring leaks.
63.12.............................  State authorities and    Yes.......................
                                     delegations.
63.13.............................  Addresses of state air   Yes.......................
                                     pollution control
                                     agencies and EPA
                                     Regional Offices.
63.14.............................  Incorporations by        Yes.......................
                                     Reference.
63.15.............................  Availability of          Yes.......................
                                     information and
                                     confidentiality.
63.16.............................  Requirements for         Yes.......................
                                     Performance Track
                                     member facilities.
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[FR Doc. 2023-04376 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P

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