[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34858-34861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14940]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-1042; FRL-9964-89-OAR]
RIN 2060-AT58


National Emission Standards for Hazardous Air Pollutants for Wool 
Fiberglass Manufacturing; Flame Attenuation Lines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to amend the national emission standards for hazardous air 
pollutants for flame attenuation (FA) lines in the wool fiberglass 
manufacturing industry. This direct final rule provides affected 
sources a 1-year extension to comply with the emission limits for FA 
lines. The EPA can provide sources up to 3 years to comply with 
emission limits in the Clean Air Act (CAA) standards. FA lines 
initially were given 2 years to comply with the emission limits. This 
action will extend the compliance date to the maximum of 3 years while 
we conduct our review. This compliance date extension will enable the 
EPA to conduct a review of the emission limits for FA lines in light of 
recently submitted corrected source emissions data.

DATES: This rule is effective on October 25, 2017, without further 
notice, unless the EPA receives significant adverse comment by August 
28, 2017, or if a public hearing is requested, by August 3, 2017.
    Public Hearing. If requested by August 3, 2017, the EPA will hold a 
public hearing to accept oral comments on this action. EPA will publish 
a document in the Federal Register announcing the date and location if 
a public hearing is requested.
    If the EPA receives significant adverse comment, or if a public 
hearing is requested, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-1042, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or withdrawn. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you

[[Page 34859]]

consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    To request a hearing, to register to speak at a hearing, or to 
inquire if a hearing will be held, please contact Aimee St. Clair at 
(919) 541-1063 or by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Mr. Brian Storey, Sector Policies and 
Programs Division (D243-04), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, Research Triangle 
Park, North Carolina 27711; telephone number: (919) 541-1103; fax 
number: (919) 541-5450; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Organization of This Document. The information in this preamble is 
organized as follows:

I. General Information
    A. Why is the EPA using a direct final rule?
    B. Does this direct final rule apply to me?
    C. What should I consider as I prepare my comments for the EPA?
II. What are the amendments made by this direct final rule?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior 
proposed rule because we view this as a noncontroversial action and do 
not anticipate significant adverse comment. However, in the ``Proposed 
Rules'' section of this Federal Register, we are publishing a separate 
document that will serve as the proposed rule to amend the National 
Emission Standards for Hazardous Air Pollutants for Wool Fiberglass 
Manufacturing, if the EPA receives significant adverse comments on this 
direct final rule. We will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If the EPA receives significant adverse comment on all or a 
distinct portion of this direct final rule, we will publish a timely 
withdrawal in the Federal Register informing the public that some or 
all of this direct final rule will not take effect. We would address 
all public comments in any subsequent final rule based on the proposed 
rule. In any subsequent final rule, the EPA will examine whether there 
is ``good cause,'' under 5 U.S.C. 553(d)(3), to designate the 
publication date of the final rule (based on our parallel proposal) as 
the effective date for implementation of the final rule.

B. Does this direct final rule apply to me?

    Categories and entities potentially regulated by this direct final 
rule include:

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                        Category                          NAICS code \1\
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Wool fiberglass manufacturing facilities................          327993
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
direct final rule. To determine whether your facility is affected, you 
should examine the applicability criteria in 40 CFR 63.1380. If you 
have questions regarding the applicability of any aspect of this action 
to a particular entity, consult either the air permitting authority for 
the entity or your EPA Regional representative as listed in 40 CFR 
63.13.

C. What should I consider as I prepare my comments for the EPA?

    Do not submit information containing CBI to the EPA through http://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comments that includes information claimed as 
CBI, a copy of the comments that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. Send or deliver information 
identified as CBI only to the following address: OAQPS Document Control 
Officer (C404-02), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-
OAR-2010-1042.

II. What are the amendments made by this direct final rule?

    Under the rule published in 2015 (80 FR 45280, July 29, 2015), the 
owner or operator of an FA line subject to the emission limits for 
formaldehyde, phenol, and methanol in Table 2 to 40 CFR part 63, 
subpart NNN, must demonstrate compliance with the limits by July 31, 
2017. This compliance date is 2 years after promulgation of the amended 
limits. We note that CAA section 112 allows sources up to 3 years to 
comply with emission standards. With this action, we are extending the 
compliance date for certain emission limitations by another year so the 
EPA can review the emission limitations to address two recent issues 
that have come to our attention.
    First, in March 2017, Johns-Manville, a company that manufactures 
wool fiberglass using the FA process, notified the EPA that the data 
they collected in 2011 for the Wool Fiberglass Residual Risk and 
Technology Review (RTR) contained errors in the methodology and, 
ultimately, the final stack test emissions results submitted to the 
EPA. These data were used by the EPA in the development of the current 
emission limits for formaldehyde, methanol, and phenol emitted from the 
bonding and curing processes on FA lines. Johns-Manville 
representatives stated that they did not realize at the time of the 
2011 test submittal that the methodology was in error, and it went 
undiscovered until

[[Page 34860]]

2017, when the laboratory that conducted the emissions testing informed 
the company of the error. Johns-Manville notified the EPA of the 
errors, and, with the testing contractor, corrected the errors and 
provided revised test results along with newly collected test data for 
the FA lines.
    Second, Johns-Manville informed the EPA that some of their FA lines 
manufacture a product by extruding extremely thin glass fibers at a 
very low pull rate through a fiber forming process. This process is 
also subject to the FA line limits, which are expressed in pounds of 
pollutant per ton of glass pulled. Johns-Manville asked the EPA to 
consider alternative emission limits for such processes which would be 
equivalent to the pounds per ton limits, but would be expressed as a 
concentration (pounds of pollutant per dry standard cubic foot) or as 
hourly production (pounds of pollutant per hour).
    The EPA is reviewing the new and corrected data submitted by Johns-
Manville, and will determine at a later date what, if any, actions are 
appropriate. We plan to propose any actions we believe are appropriate 
along with the technology review proposed rulemaking for the rotary 
spin lines, which is expected to be promulgated in December 2017. 
During the extension to the compliance date, the EPA will review the 
corrected emission test data as well as the new test data collected on 
low-pull FA lines. Only the compliance date for FA lines is affected by 
this action, and no changes to the emission limits, operating limits, 
monitoring requirements, or other requirements are being made at this 
time.
    In any subsequent final rule, if necessary, the EPA intends to 
examine whether there is ``good cause,'' under 5 U.S.C. 553(d)(3), to 
designate the publication date of the final rule (based on our parallel 
proposal) as the effective date for implementation of the final rule.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulation (40 CFR part 63, 
subpart NNN) and has assigned OMB control number 2060-0114. This action 
does not change the information collection requirements.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
does not create any new requirements or burdens and no costs are 
associated with this direct final action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. There are no wool fiberglass facilities located 
on tribal lands. Thus, Executive Order 13175 does not apply to this 
action.

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: July 6, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending title 40, chapter I, part 63 of the Code 
of Federal Regulations (CFR) as follows:

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

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

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

Subpart NNN--National Emission Standards for Hazardous Air 
Pollutants for Wool Fiberglass Manufacturing

0
2. Table 2 to Subpart NNN of part 63 is amended by revising entry 12 to 
read as follows:

[[Page 34861]]



                    Table 2 to Subpart NNN of Part 63--Emissions Limits and Compliance Dates
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                                              And you commenced       Your emission limits are:    And you must
          If your source is a:                  construction:                    \1\              comply by: \2\
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                                                  * * * * * * *
12. Flame-attenuation line               On or before November 25,   1.4 lb phenol per ton of    July 31, 2018.
 manufacturing any product.               2011.                       glass pulled.
                                                                     5.6 lb formaldehyde per
                                                                      ton of glass pulled.
                                                                     0.50 lb methanol per ton
                                                                      of glass pulled.
 
                                                  * * * * * * *
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\1\ The numeric limits do not apply during startup and shutdown.
\2\ Existing sources must demonstrate compliance by the compliance dates specified in this table. New sources
  have 180 days after the applicable compliance date to demonstrate compliance.

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[FR Doc. 2017-14940 Filed 7-26-17; 8:45 am]
 BILLING CODE 6560-50-P