82_FR_61119 82 FR 60873 - National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing; Rotary Spin Lines Technology Review and Revision of Flame Attenuation Lines Standards

82 FR 60873 - National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing; Rotary Spin Lines Technology Review and Revision of Flame Attenuation Lines Standards

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range60873-60886
FR Document2017-27797

This action completes the final residual risk and technology reviews (RTR) that the Environmental Protection Agency (EPA) conducted for the Wool Fiberglass Manufacturing source category regulated under the national emission standards for hazardous air pollutants (NESHAP). In this action, the EPA is readopting the existing emission limits for formaldehyde, establishing emission limits for methanol, and a work practice standard for phenol emissions from bonded rotary spin (RS) lines at wool fiberglass manufacturing facilities. In addition, the EPA is revising the emission standards promulgated on July 29, 2015, for flame attenuation (FA) lines at wool fiberglass manufacturing facilities by creating three subcategories of FA lines and establishing emission limits for formaldehyde and methanol emissions, and either emission limits or work practice standards for phenol emissions for each subcategory of FA lines.

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60873-60886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27797]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-1042; FRL-9972-44-OAR]
RIN 2060-AT13


National Emission Standards for Hazardous Air Pollutants for Wool 
Fiberglass Manufacturing; Rotary Spin Lines Technology Review and 
Revision of Flame Attenuation Lines Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action completes the final residual risk and technology 
reviews (RTR) that the Environmental Protection Agency (EPA) conducted 
for the Wool Fiberglass Manufacturing source category regulated under 
the national emission standards for hazardous air pollutants (NESHAP). 
In this action, the EPA is readopting the existing emission limits for 
formaldehyde, establishing emission limits for methanol, and a work 
practice standard for phenol emissions from bonded rotary spin (RS) 
lines at wool fiberglass manufacturing facilities. In addition, the EPA 
is revising the emission standards promulgated on July 29, 2015, for 
flame attenuation (FA) lines at wool fiberglass manufacturing 
facilities by creating three subcategories of FA lines and establishing 
emission limits for formaldehyde and methanol emissions, and either 
emission limits or work practice standards for phenol emissions for 
each subcategory of FA lines.

DATES: This final rule is effective on December 26, 2017.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2010-1042. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, 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 http://www.regulations.gov, or in hard copy at the EPA Docket Center, EPA 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 Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
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) 541-4991; and email 
address: [email protected]. For information about the applicability 
of the NESHAP to a particular entity, contact Ms. Sara Ayres, Office of 
Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, EPA WJC South Building, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460; telephone number: (312) 353-6266; and email address: 
ayres.sara @epa.gov.

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. 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:

BDL below the detection limit
CAA Clean Air Act
CBI confidential business information
CD-ROM Compact Disc Read-Only Memory
CDX Central Data Exchange
CFR Code of Federal Regulations
EPA Environmental Protection Agency
ERT Electronic Reporting Tool
FA flame attenuation
FR Federal Register
HAP hazardous air pollutants(s)
ICR information collection request
lbs/ton pounds per ton
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PF phenol-formaldehyde
ppmv parts per million by volume

[[Page 60874]]

PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RS rotary spin
RTR Risk and Technology Review
tpy tons per year
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act
UPL upper prediction limit

    Background information. On August 29, 2017, the EPA proposed 
revisions to the Wool Fiberglass Manufacturing NESHAP based on our 
technology review of the source category's bonded RS lines. In 
addition, the proposal included certain revisions to the July 29, 2015, 
emission standards for the bonded FA lines. In this action, we are 
finalizing decisions and revisions for the rule. We summarize some of 
the more significant comments we timely received regarding the proposed 
rule and provide our responses in this preamble. A summary of all other 
public comments on the proposal and the EPA's responses to those 
comments is available in the document titled, National Emissions 
Standards for Hazardous Air Pollutants for Wool Fiberglass 
Manufacturing (40 CFR part 63, subpart NNN)--Technology Review, Final 
Amendments: Response to Public Comments on August 29, 2017 Proposal, 
which is available in the docket for this action (Docket ID No. EPA-HQ-
OAR-2010-1042). A ``track changes'' version of the regulatory language 
that incorporates the changes in this action is also available in the 
docket.
    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 Wool Fiberglass Manufacturing source category and 
how does the NESHAP regulate HAP emissions from the source category?
    C. What changes did we propose for the Wool Fiberglass 
Manufacturing source category in our August 29, 2017, notice?
III. What is included in this final rule?
    A. What are the final rule amendments for formaldehyde emissions 
from RS lines based on the technology review for the Wool Fiberglass 
Manufacturing source category?
    B. What are the final rule amendments pursuant to CAA sections 
112(d)(2) and (3) for RS lines in the Wool Fiberglass Manufacturing 
source category?
    C. What are the final rule amendments pursuant to CAA section 
112(h) for RS lines in the Wool Fiberglass Manufacturing source 
category?
    D. What other changes have been made to the NESHAP?
    E. What are the effective and compliance dates of the standards?
    F. What are the requirements for submission of performance test 
data to the EPA?
IV. What is the rationale for our final decisions and amendments for 
the Wool Fiberglass Manufacturing source category?
    A. Technology Review for the Wool Fiberglass Manufacturing 
Source Category
    B. Amendments Pursuant to CAA Sections 112(d)(2) and (3) for the 
Wool Fiberglass Manufacturing Source Category
    C. Amendments Pursuant to CAA Section 112(h) for the Wool 
Fiberglass Manufacturing Source Category
    D. Amendments for FA Lines in the Wool Fiberglass Manufacturing 
Source Category
    E. Other Amendments to the Wool Fiberglass Manufacturing NESHAP
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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    L. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Table 1 includes the categories and entities 
potentially regulated by this action.

 Table 1--NESHAP and Industrial Source Categories Affected by This Final
                                 Action
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               NESHAP and source category                 NAICS \1\ code
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Wool Fiberglass Manufacturing...........................          327993
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\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 copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/wool-fiberglass-manufacturing-national-emissions-standards. 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 on the RTR website at http://www.epa.gov/ttn/atw/rrisk/rtrpg.html. This information includes an 
overview of the RTR program, links to project websites for the RTR 
source categories, and detailed emissions and other data we used as 
inputs to the risk assessments.

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 
by February 26, 2018. 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

[[Page 60875]]

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, EPA 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?

    Section 112 of the CAA establishes a two-stage regulatory process 
to address emissions of hazardous air pollutants (HAP) from stationary 
sources. In the first stage, we must identify categories of sources 
emitting one or more of the HAP listed in CAA section 112(b) and then 
promulgate technology-based NESHAP for those sources. ``Major sources'' 
are those that emit, or have the potential to emit, any single HAP at a 
rate of 10 tons per year (tpy) or more, or 25 tpy or more of any 
combination of HAP. For major sources, these standards are commonly 
referred to as maximum achievable control technology (MACT) standards 
and must reflect the maximum degree of emission reductions of HAP 
achievable (after considering cost, energy requirements, and non-air 
quality health and environmental impacts). In developing MACT 
standards, CAA section 112(d)(2) directs the EPA to consider the 
application of measures, processes, methods, systems, or techniques, 
including, but not limited to those that reduce the volume of or 
eliminate HAP emissions through process changes, substitution of 
materials, or other modifications; enclose systems or processes to 
eliminate emissions; collect, capture, or treat HAP when released from 
a process, stack, storage, or fugitive emissions point; are design, 
equipment, work practice, or operational standards; or any combination 
of the above.
    For these MACT standards, the statute specifies certain minimum 
stringency requirements, which are referred to as MACT floor 
requirements, and which may not be based on cost considerations. See 
CAA section 112(d)(3). For new sources, the MACT floor cannot be less 
stringent than the emission control achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than floors for new sources, but they cannot be less 
stringent than the average emission limitation achieved by the best-
performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources). In developing MACT 
standards, we must also consider control options that are more 
stringent than the floor under CAA section 112(d)(2). We may establish 
standards more stringent than the floor, based on the consideration of 
the cost of achieving the emissions reductions, any non-air quality 
health and environmental impacts, and energy requirements.
    In the second stage of the regulatory process, the CAA requires the 
EPA to undertake two different analyses, which we refer to as the 
technology review and the residual risk review. Under the technology 
review, we must review the technology-based standards and revise them 
``as necessary (taking into account developments in practices, 
processes, and control technologies)'' no less frequently than every 8 
years, pursuant to CAA section 112(d)(6). In conducting this review, 
the EPA is not required to recalculate the MACT floor. Natural 
Resources Defense Council (NRDC) v. EPA, 529 F.3d 1077, 1084 (DC Cir. 
2008). Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (DC 
Cir. 2013). Under the residual risk review, we must evaluate the risk 
to public health remaining after application of the technology-based 
standards and revise the standards, if necessary, to provide an ample 
margin of safety to protect public health or to prevent, taking into 
consideration costs, energy, safety, and other relevant factors, an 
adverse environmental effect. The residual risk review is required 
within 8 years after promulgation of the technology-based standards, 
pursuant to CAA section 112(f). In conducting the residual risk review, 
if the EPA determines that the current standards provide an ample 
margin of safety to protect public health, it is not necessary to 
revise the MACT standards pursuant to CAA section 112(f).\1\ 
Additionally, CAA section 112(h) allows the agency to adopt a work 
practice standard in lieu of a numerical emission standard only if it 
is ``not feasible in the judgment of the Administrator to prescribe or 
enforce an emission standard for control of a hazardous air 
pollutant.'' This phrase is defined as applying where ``the 
Administrator determines that the application of measurement 
methodology to a particular class of sources is not practicable due to 
technological and economic limitations.'' CAA section 112(h)(1) and 
(2).
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    \1\ The U.S. Court of Appeals for the District of Columbia 
Circuit has affirmed this approach of implementing CAA section 
112(f)(2)(A): NRDC v. EPA, 529 F.3d 1077, 1083 (DC Cir. 2008) (``If 
EPA determines that the existing technology-based standards provide 
an 'ample margin of safety,' then the Agency is free to readopt 
those standards during the residual risk rulemaking.'').
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    In this action, the EPA is finalizing the technology review for RS 
lines in accordance with section 112(d)(6) of the CAA. In addition, the 
EPA is amending certain emission standards promulgated on July 29, 
2015, for FA lines at wool fiberglass manufacturing facilities.

B. What is the Wool Fiberglass Manufacturing source category and how 
does the NESHAP regulate HAP emissions from the source category?

    The EPA promulgated the Wool Fiberglass Manufacturing NESHAP on 
June 14, 1999 (62 FR 31695). The standards are codified at 40 CFR part 
63, subpart NNN. The Wool Fiberglass Manufacturing source category 
consists of facilities that produce wool fiberglass from sand, 
feldspar, sodium sulfate, anhydrous borax, boric acid, or any other 
materials. This source category currently comprises three wool 
fiberglass manufacturing facilities operating bonded RS lines, and two 
facilities operating bonded FA lines. The EPA is not currently aware of 
any planned or potential new or reconstructed bonded RS or FA lines.
    On July 29, 2015, we published the final rule amendments to the 
Wool Fiberglass Manufacturing NESHAP resulting from our completion of 
certain aspects of the CAA section 112(f)(2) residual risk review and 
the CAA section 112(d)(6) technology review for that NESHAP RTR. 80 FR 
45280. Specifically, the July 29, 2015, final rule:
     Established a chromium emission limit for gas-fired, 
glass-melting furnaces under CAA section 112(f)(2);
     Revised the particulate matter emission limit for gas-
fired, glass-

[[Page 60876]]

melting furnaces at major sources under CAA section 112(d)(6);
     Established work practice standards for hydrogen chloride 
and hydrogen fluoride emissions from glass-melting furnaces at wool 
fiberglass manufacturing facilities under CAA section 112(h);
     Eliminated the use of formaldehyde as a surrogate and 
established revised limits for formaldehyde and first-time limits for 
methanol and phenol emitted from FA lines under CAA sections 112(d)(2) 
and (d)(3);
     Eliminated FA line subcategories;
     Removed the exemption for startup and shutdown periods and 
established work practice standards that apply during startup and 
shutdown periods; and
     Established chromium emission limits for both new and 
existing gas-fired, glass-melting furnaces at area sources in the Wool 
Fiberglass Manufacturing source category under CAA section 112(d)(5).
    In the July 2015 rule, we did not finalize proposed emission limits 
for formaldehyde, methanol, and phenol emissions from forming, cooling, 
and collection processes on bonded RS lines under CAA sections 
112(d)(2) and (3). We explained that this decision was based on 
comments we received on our various proposals indicating that the 
proposed limits likely relied on incorrect data. We explained that we 
had issued an Information Collection Request (ICR) under CAA section 
114 for purposes of obtaining the requisite data. 80 FR 45293.

C. What changes did we propose for the Wool Fiberglass Manufacturing 
source category in our August 29, 2017, notice?

    On August 29, 2017, the EPA published a proposed rule in the 
Federal Register for the Wool Fiberglass Manufacturing NESHAP, 40 CFR 
part 63, subpart NNN, that took into consideration the new data 
received in response to the ICR. We also explained that since our July 
29, 2015, final rule, we had received new information and data from a 
facility that operates FA lines that cast doubts on information and 
data that the agency relied on in promulgating the July 2015 final rule 
emission limits for FA lines. In the August 29, 2017, Federal Register, 
we proposed the following:
     Readopting the formaldehyde emission limits for bonded RS 
lines that were in the original 1999 NESHAP under CAA section 
112(d)(6);
     Establishing new emission limits for methanol from bonded 
RS lines under CAA section 112(d)(2) and (3);
     Establishing work practice standards for phenol from 
bonded RS lines under CAA section 112(h);
     Amending the incinerator operating limits to include 
cooling emissions from both RS and FA limits under CAA section 
112(d)(2) and (3);
     Establishing new subcategories of FA lines under CAA 
section 112(d)(1), defined as: (1) Aerospace, Air Filtration, and Pipe 
Products; (2) Heating, Ventilation, and Air Conditioning (HVAC); and 
(3) Original Equipment Manufacturer (OEM);
     Establishing new emission limits for formaldehyde, 
methanol, and phenol from most of the newly proposed FA line 
subcategories under CAA section 112(d)(2) and (3); and
     Setting work practice standards for phenol from one newly 
proposed FA line subcategory under CAA section 112(h).

III. What is included in this final rule?

    This action finalizes the EPA's determinations, as proposed, 
pursuant to the CAA section 112(d)(6) review for the Wool Fiberglass 
Manufacturing source category and amends the Wool Fiberglass 
Manufacturing NESHAP based on those determinations. This action also 
finalizes, with minor revisions to our proposals, other changes to the 
NESHAP, including establishing first-time limits for methanol emissions 
from forming, cooling, and collection processes on new and existing 
bonded RS lines at wool fiberglass manufacturing facilities under CAA 
sections 112(d)(2) and (3), and establishing work practices standards 
for phenol emissions from forming, cooling, and collection processes on 
new and existing bonded RS lines at wool fiberglass manufacturing 
facilities under CAA section 112(h).
    Additionally, consistent with our proposal, this action finalizes 
our decision to create three subcategories of FA lines at wool 
fiberglass manufactuirng facilities based on the type of product that 
is manufactured. This action also finalizes, as proposed, emission 
limits for formaldehyde, methanol, and phenol emissions under CAA 
section 112(d)(2) and (3) for two of these subcategories, and finalizes 
emission limits for formaldehyde and methanol under CAA section 
112(d)(2) and (3), and work practices standards for phenol emissions 
under CAA section 112(h), for the third subcategory.

A. What are the final rule amendments for formaldehyde emissions from 
RS lines based on the technology review for the Wool Fiberglass 
Manufacturing source category?

    We are readopting the current emissions standards for formaldehyde 
from forming, cooling, and collection processes on existing, new, and 
reconstructed bonded RS lines at wool fiberglass manufacturing 
facilities under CAA section 112(d)(6) as the result of our technology 
review.

B. What are the final rule amendments pursuant to CAA sections 
112(d)(2) and (3) for RS lines in the Wool Fiberglass Manufacturing 
source category?

    Under CAA sections 112(d)(2) and (d)(3), we are establishing 
emission limits for methanol from forming, cooling, and collection 
processes on existing, new, and reconstructed bonded RS lines at wool 
fiberglass manufacturing facilities.

C. What are the final rule amendments pursuant to CAA section 112(h) 
for RS lines in the Wool Fiberglass Manufacturing source category?

    We are establishing work practice standards for phenol emissions 
from combined fiber/collection, curing, and cooling processes on 
existing, new, and reconstructed bonded RS lines at wool fiberglass 
manufacturing facilities under CAA section 112(h).

D. What other changes have been made to the NESHAP?

    Other changes to the NESHAP include:
     Finalizing the proposed subcategories for FA lines and 
their associated emissions standards for existing, new, and 
reconstructed bonded FA lines at wool fiberglass manufacturing 
facilities;
     Adding an annual operating requirement for designating the 
appropriate subcategory for FA lines;
     Clarifying that the Aerospace subcategory includes pipe 
products;
     Establishing the compliance period for both RS and FA 
lines; and
     Revising the recordkeeping requirement for free-
formaldehyde and free-phenol content of binders.

E. What are the effective and compliance dates of the standards?

    The revisions to the MACT standards being promulgated in this 
action are effective on December 26, 2017. The compliance date for 
existing RS and FA manufacturing lines is December 26, 2020. New 
sources must comply with the all of the standards immediately upon the 
effective date of the standard,

[[Page 60877]]

December 26, 2017, or upon startup, whichever is later.
    CAA section 112(i)(3) requires that existing sources must comply as 
expeditiously as practicable, but no later than 3 years after 
promulgation of standards under CAA section 112(d). (``Section 
112(i)(3)'s three-year maximum compliance period applies generally to 
any emissions standard . . . promulgated under CAA [section 112].'' 
Ass'n of Battery Recyclers v. EPA, 716 F.3d 667, 672 (DC Cir. 2013)). 
Additionally, we may not reset compliance deadlines for revisions that 
are unaccompanied by changes to a MACT standard. NRDC v. EPA, 489 F.3d 
1364, 1374 (DC Cir. 2007) (EPA may not revise compliance deadlines 
``for compliance with Section 112 standards anytime it adjusts 
reporting terms.''). This final action reflects our conclusion that 
sources will need the 3-year period to comply with the various final 
rule requirements, which are not just reporting requirements. For 
instance, with regard to FA lines, subcategories have been newly 
created, and numerical emission limits for formaldehyde and methanol 
emissions are being promulgated. Thus, owners or operators of affected 
sources will need to conduct performance tests in order to demonstrate 
initial compliance with these final standards. Additionally, as 
explained at proposal, the work practice standards for phenol emisisons 
from both RS and FA lines call for vendor specifications, which will 
likely require vendor bids and selections, and the likely institution 
of new practices to address the final recordkeeping requirements.

F. What are the requirements for submission of performance test data to 
the EPA?

    As we proposed, the EPA is taking steps to increase the ease and 
efficiency of data submittal and data accessibility. Specifically, the 
EPA is finalizing the requirement for owners or operators of wool 
fiberglass manufacturing facilities to submit electronic copies of 
certain required performance test reports.
    Data will be collected by direct computer-to-computer electronic 
transfer using EPA-provided software. This EPA-provided software is an 
electronic performance test report tool called the Electronic Reporting 
Tool (ERT). The ERT will generate an electronic report package which 
will be submitted to the Compliance and Emissions Data Reporting 
Interface (CEDRI) and then archived to the EPA's Central Data Exchange 
(CDX). A description of the ERT and instructions for using ERT can be 
found at http://www3.epa.gov/ttn/chief/ert/index.html. CEDRI can be 
accessed through the CDX website (http://www.epa.gov/cdx). Once 
submitted, a performance test report will be available to the public 
through the EPA WebFIRE database (https://cfpub.epa.gov/webfire/).
    The requirement to submit performance test data electronically to 
the EPA does not create any additional performance testing and will 
apply only to those performance tests conducted using test methods that 
are supported by the ERT. A listing of the pollutants and test methods 
supported by the ERT is available at the ERT website. With electronic 
reporting, industry will save time in the performance test submittal 
process. Additionally, this rulemaking benefits industry by reducing 
recordkeeping costs as the performance test reports that are submitted 
to the EPA using CEDRI are no longer required to be kept in hard copy.
    State, local, and tribal air agencies may benefit from more 
streamlined and accurate review of performance test data that will 
become available to the public through WebFIRE. Having such data 
publicly available enhances transparency and accountability. For a more 
thorough discussion of electronic reporting of performance tests using 
direct computer-to-computer electronic transfer and using EPA-provided 
software, see the discussion in the preamble of the proposal.
    In summary, in addition to supporting regulation development, 
control strategy development, and other air pollution control 
activities, having an electronic database populated with performance 
test data will save industry, state, local, and tribal air agencies, 
and the EPA significant time, money, and effort.

IV. What is the rationale for our final decisions and amendments for 
the Wool Fiberglass Manufacturing source category?

    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 key comments 
and responses. For all comments not discussed in this preamble, comment 
summaries and the EPA's responses are contained in the comment summary 
and response document available in the docket for this action.

A. Technology Review for the Wool Fiberglass Manufacturing Source 
Category

1. What did we propose pursuant to CAA section 112(d)(6) for the Wool 
Fiberglass Manufacturing source category?
    In the August 29, 2017, action (82 FR 40970), we proposed 
readopting the current NESHAP emission limits for formaldehyde from 
forming, cooling, and collection processes on existing, new, and 
reconstructed bonded RS lines at wool fiberglass manufacturing 
facilities under CAA section 112(d)(6).
2. How did the technology review change for the Wool Fiberglass 
Manufacturing source category?
    We are not changing our technology review findings from the August 
29, 2017, proposal.
3. What key comments did we receive on the technology review, and what 
are our responses?
    One commenter disagreed with our proposal to readopt the current 
formaldehyde emission limits for existing and new sources. The 
commenter stated that the EPA's refusal to increase protections against 
formaldehyde emissions from RS lines is unlawful and irrational and is 
not consistent with 42 U.S.C. 7412(d)(6), which is intended to drive 
pollution reductions. The commenter said that the EPA's proposal to 
retain the current NESHAP emission limits for formaldehyde from RS 
lines, even though the EPA identified developments in practices, 
processes, and control technologies under the technology review, does 
not meet the requirements of 42 U.S.C. 7412(d)(6) which requires the 
EPA to ``account'' for such developments consistent with the CAA. The 
commenter asserted that failing to strengthen the emission limits will 
allow sources to emit at higher levels without consequence, and will 
remove a strong incentive for the industry to complete the transition 
to non-phenol formaldehyde (PF) binders.
    We disagree with the commenter. As explained in the August 29, 
2017, action (82 FR 40975), we considered mandating the use of non-PF 
binders for lines currently using PF binders, and/or mandating the use 
of non-PF binders for all bonded lines as part of the required CAA 
section 112(d)(6) technology review. We did not propose this option, 
however, and, instead, we proposed to readopt the current limits 
because the source category has already achieved approximately 95-
percent reduction in formaldehyde emissions due to the

[[Page 60878]]

replacement of the PF binders with non-PF binders. We explained that 
this industry trend would likely continue given industry indications 
that non-PF binders are less expensive than PF binders and, as also 
explained at proposal, that cost considerations will move the industry 
in the direction of complete elimination of PF binders in the absence 
of regulation. However, as also noted at proposal, the remaining 
sources that continue to operate RS lines using PF binders manufacture 
products for customers with specifications that preclude the use of any 
currently available non-PF binders and, therefore, if PF binders were 
banned, these facilities would likely no longer be able to produce 
these products. Furthermore, we noted that mandating non-PF binders 
would likely be viewed as penalizing sources that continued to utilize 
PF binders. Therefore, we continue to conclude that it would be 
inappropriate to ban PF binders at this time. We also explained that 
our review of the 2015 ICR indicated that all bonded RS lines are 
equipped with air pollution control devices for formaldehyde emissions 
as compared to the time of promulgation of the 1999 MACT standards. 
Specifically, we found that formaldehyde emissions were significantly 
below the 1999 MACT and we attributed these reductions to both control 
technologies in use and the phase out of PF binders. We expressed our 
belief that sources would maintain these control technologies and, 
thus, that the lower emissions remain somewhat assured, even without 
our lowering of the existing MACT standards. We continue to believe 
that sources will maintain control technologies that address 
formaldehyde emissions from the various processes on RS lines post 
promulgation of standards that they are already meeting, partly because 
most (or potentially all) of these sources would likely not be able to 
comply with the current formaldehyde limits or the new methanol limits 
without these controls. We also note that because we were confident of 
the continued use of existing control technologies that achieve 
formaldehyde emissions reductions that are well below the existing 
MACT, we also did not propose requiring initial compliance 
demonstration, but rather proposed to allow sources to use test reports 
submitted in response to the 2015 ICR as a means of demonstrating 
initial compliance with the proposed emission limits, when finalized 
(82 FR 40976). This final rule contains this requirement, as proposed. 
Additionally, these existing MACT limits are reflected in operating 
permits for these sources and, thus, remain enforceable until otherwise 
revised.
4. What is the rationale for our final approach for the technology 
review?
    As noted in the proposal preamble (82 FR 40974), this source 
category has already achieved approximately 95-percent reduction in 
formaldehyde emissions due to the replacement of PF binders with non-PF 
binders. We conclude that the industry will continue this trend without 
the need for tighter regulation due to cost considerations (i.e., non-
PF binders are less expensive than PF binders). Additionally, as 
explained above, facilities are currently using PF binders because of 
customers' specifications for certain products and, thus, would be 
unable to manufacture such products if we mandate the use of non-PF 
binders. Therefore, we are finalizing our proposal to readopt the 
current NESHAP formaldehyde emission limits for existing, new, and 
reconstructed bonded RS lines at wool fiberglass manufacturing 
facilities.

B. Amendments Pursuant to CAA Sections 112(d)(2) and (3) for the Wool 
Fiberglass Manufacturing Source Category

1. What did we propose pursuant to CAA sections 112(d)(2) and (3) for 
the Wool Fiberglass Manufacturing source category?
    In the August 29, 2017, action (82 FR 40970), we proposed first-
time standards for methanol emitted from forming, cooling, and 
collection processes on existing, new, and reconstructed bonded RS 
lines at wool fiberglass manufacturing facilities. We established the 
MACT floor for methanol emissions based on application of the upper 
prediction limit (UPL) method to the best-performing five sources in 
the test data collected under Part 2 of the 2015 ICR. We considered 
beyond-the-floor options for methanol for all combined collection and 
curing operation designs as required by CAA section 112(d)(2); however, 
we did not propose any limits based on the beyond-the-floor analyses 
because of the potential adverse impacts of additional controls, 
including the cost of control devices, non-air environmental impacts, 
and energy implications associated with use of these additional 
controls.
2. How did our findings pursuant to CAA sections 112(d)(2) and (3) 
review change for the Wool Fberglass Manufacturing source category?
    In this final action, we are revising the methanol emission limits 
for new and existing bonded RS lines by reflecting just two significant 
figures, based on comments received on the August 29, 2017, proposal. 
This is consistent with current bonded RS line emission limits.
3. What key comments did we receive on our findings pursuant to CAA 
sections 112(d)(2) and (3), and what are our responses?
    One commenter stated that the EPA's proposal illegally and 
arbitrarily relied on the UPL, instead of following the CAA's 
requirement to set an emission limitation that is not less stringent 
than the ``average emission limitation achieved'' by the relevant best-
performing sources. The commenter also argued that there was ample 
support in the record for proposal and adoption of beyond-the-floor 
limits such as material switching.
    We disagree with the commenter. Section 112(d)(3) of the CAA 
requires the EPA to promulgate standards for major sources of HAP that 
are based on MACT performance. For existing sources, MACT standards 
must be at least as stringent as the average emission limitation 
achieved by the best-performing 12 percent of existing sources (for 
which the Administrator has emissions information) or the best-
performing five sources for source categories with less than 30 
sources. For new sources, the MACT standards must be at least as 
stringent as the control level achieved in practice by the best-
controlled similar source. MACT standards also have to be continuously 
achievable as specified by CAA section 302(k).
    Although CAA section 112(d) includes language such as ``existing 
source,'' ``best performing,'' and ``achieved in practice'' in 
referring to source operations, the CAA language does not address 
whether sources' emission levels should be evaluated over time or be 
based on a single test result. In fact, the D.C. Circuit has long 
recognized the ambiguity in the term ``average emission limitation.'' 
See NACWA v. EPA, 734 F.3d at 1131 (noting that the court has accorded 
Chevron deference to the EPA's interpretation of CAA sections 129 MACT 
floor requirement) and 112 (``the phrase `average emission limitation 
achieved by the best performing 12 percent of units' could be 
interpreted several different ways, with several

[[Page 60879]]

different variations of what the MACT floor is supposed to 
represent''). The phrase ``average emission limitation achieved by the 
best performing 12 percent of units'' does not specify the methodology 
that the EPA should use to determine the emissions levels achieved by 
the best-performing sources. Therefore, the EPA has discretion to 
interpret the phrase ``average emission limitation achieved'' by the 
best performing source or sources. Further, the D.C. Circuit has held 
repeatedly that the EPA may take the variability of best-performing 
sources into account in establishing MACT floors. Sierra Club v. EPA, 
479 F.3d 875, 881-882 (D.C. Cir. 2007). See also, Cement Kiln Recycling 
Coalition v. EPA, 255 F. 3d 861, 865 (D.C. Cir. 2001); National Lime 
Ass'n v. EPA, 627 F.2d 416, 431 n.46, 443 (D.C. Cir. 1980). 
Consequently, we apply the UPL approach in developing numeric emission 
standards when using short-term test data, rather than calculating a 
straight average of test runs which does not address the performance of 
a source over time. The UPL is a statistical method to compensate for 
limited data and account for variability in emissions in determining 
what emission limitations have been achieved by the best-performing 
sources. The EPA's use of the UPL has been upheld based on explanations 
previously provided in U.S. Sugar Corp. v. EPA, 830 F.3d 579, 632-637 
(D.C. Cir. 2016). ``We believe that the EPA has carried its burden of 
demonstrating that the UPL reflect[s] a reasonable estimate of the 
emissions achieved in practice by the best performing sources.'' Id., 
at 635 (Internal citations omitted).
    With regard to the comment that we should have set beyond-the-floor 
limits in light of evidence of material switching, as explained at 
proposal, there are potential adverse impacts of additional controls 
for methanol, such as control devices costs, non-air quality health 
impacts, and energy implications (82 FR 40976). Additionally, as also 
previously explained, customer specifications preclude the use of 
products with any currently available non-PF binders and, therefore, 
requiring non-PF binders as a beyond-the-floor measure would result in 
these products likely no longer being produced. (``Nothing in section 
7429(a)(2) requires the agency to impose a cost so disproportionate to 
the expected gains.'' Id., at 640).
4. What is the rationale for our final approach pursuant to CAA 
sections 112(d)(2) and (3)?
    We based the final methanol emission limits for the forming, 
cooling, and collection processes on existing, new, and reconstructed 
RS lines at wool fiberglass manufacturing facilities on data collected 
under Part 2 of the 2015 ICR. We conclude that, based on the UPL for 
the best-performing five sources, these limits represent the MACT level 
of control for methanol emissions currently being achieved on RS line 
processes by using add-on control devices (e.g., gas scrubbers, thermal 
oxidizers). In response to the proposed rule, we did not receive any 
additional emissions and process data for consideration.

C. Amendments Pursuant to CAA Section 112(h) for the Wool Fiberglass 
Manufacturing Source Category

1. What did we propose pursuant to CAA sections 112(h) for the Wool 
Fiberglass Manufacturing source category?
    In the August 29, 2017, action (82 FR 40970), we proposed 
establishing work practice standards under CAA section 112(h) that 
represent MACT for phenol emissions from forming, cooling, and 
collection processes on bonded RS lines. We concluded that it was not 
feasible to prescribe or enforce an emission limit for these processes 
due to the prevalence of emission test values reported as below the 
detection limit (BDL) of the test method.
2. How did our findings pursuant to CAA section 112(h) change for the 
Wool Fiberglass Manufacturing source category?
    We did not change our proposal to establish work practice standards 
for phenol emissions under CAA section 112(h) for RS lines. However, 
based on our evaluation of public comments, we concluded that methods 
for determining the free-formaldehyde and free-phenol content of binder 
formulations does not exist. We have, therefore, removed the proposed 
requirement for facilities to record the free-formaldehyde and free-
phenol content of binder formulations, and instead revised the proposed 
requirement for facilities to record and maintain records of the free-
formaldehyde and free-phenol content of the resin purchased. In 
addition, facilities are required to record and maintain records of the 
formaldehyde and phenol content of the product binder formulations.
3. What key comments did we receive on our findings pursuant to CAA 
section 112(h), and what are our responses?
    One commenter noted that the proposed rule requires owners or 
operators to record the free-formaldehyde and free-phenol content of 
binder, but did not specify the method for determining these values. 
The proposed rule did not specify the procedures for determining the 
binder free-formaldehyde and free-phenol content because we were 
unaware of a published method for conducting the measurement. Based on 
discussions with the commenter, the industry does not have methods for 
assessing these parameters in binder formulations. Consequently, we are 
removing the requirement in the final rule to record the free-
formaldehyde and free-phenol content of binder formulations. We have 
revised the rule to require facilities to record and maintain records 
of the free-formaldehyde and free-phenol content of the resin 
purchased.
    One commenter said that the EPA failed to meet the required tests 
for setting only work practice standards instead of numerical emission 
limits. The commenter noted that the EPA may promulgate work practice 
standards instead of numerical standards ``only if measuring emission 
levels is technologically or economically impracticable'' (Sierra Club 
v. EPA, 479 F.3d 875, 883-84 (D.C. Cir. 2007)) and only if doing so 
``is consistent with the provisions of subsection (d) or (f).'' 42 
U.S.C. 7412(h)(1). The commenter stated that the presence of BDL values 
in the test data does not provide an excuse for the EPA to evade the 
requirement to set numeric standards.
    We disagree with the commenter that numerical standards are 
appropriate for phenol emissions from RS lines. Sections 112(h)(1) and 
(h)(2)(B) of the CAA provide the EPA with the discretion to adopt a 
work practice standard, rather than a numeric standard, when ``the 
application of measurement methodology to a particular class of sources 
is not practicable due to technological and economic limitations.'' The 
``application of measurement methodologies'' (described in CAA section 
112(h)(2)(B)) means not only conducting a measurement, but also that a 
measurement has some reasonable relation to what the source is emitting 
(i.e., that the measurement yields a meaningful value). That is not the 
case here. Therefore, as proposed, we concluded that it is not feasible 
to establish a numerical standard for phenol emissions from RS lines. 
Moreover, a numerical limit established at some level greater than the 
detection limit (which would be a necessity since any numeric standard 
would have to be measurable) could authorize and allow more emissions 
of these HAP than would otherwise be the case.

[[Page 60880]]

4. What is the rationale for our final approach pursuant to CAA section 
112(h)?
    As explained in the proposal preamble, approximately 60 percent of 
the phenol concentration values were reported as BDL values. Under 
these circumstances, it is not technologically and economically 
feasible to measure reliably phenol emissions from RS lines. This is 
also consistent with our approach in previous rulemakings (e.g., NESHAP 
for Coal- and Oil-Fired Electric Utility Steam Generating Units, NESHAP 
for Primary Aluminum Reduction Plants) where test results were 
predominantly found to be BDL (e.g., more than 55 percent of the test 
run results). In these instances, the EPA established work practice 
standards for the pollutants in question from the subject sources 
because we concluded that emissions of the pollutants are too low to 
reliably measure and quantify. Similarly, we are finalizing work 
practice standards for phenol emissions from FA lines.

D. Amendments for FA Lines in the Wool Fiberglass Manufacturing Source 
Category

1. What amendments did we propose for FA lines in the Wool Fiberglass 
Manufacturing source category?
    In the August 29, 2017, action (82 FR 40976), we proposed three 
subcategories for FA lines under CAA section 112(d)(1) based on recent 
information indicating that there are technical or design differences 
that distinguish FA lines that manufacture different wool fiberglass 
products: (1) Aerospace and Air Filtration; (2) HVAC; and (3) OEM. (See 
also proposed 40 CFR 63.1381.) We also proposed revisions to the 
formaldehyde, methanol, and phenol emission limits for FA lines 
promulgated on July 29, 2015 (80 FR 45280), to reflect these new 
subcategories and proposed a 1-year compliance period. In a separate 
action on July 6, 2017 (82 FR 34858), we proposed extending the 
compliance period for the July 29, 2015, final rule requirements for 
existing FA lines to 3 years in order to allow the EPA time to review 
corrected data provided by the industry.
2. How did our findings regarding the FA line proposal change for the 
Wool Fiberglass Manufacturing source category?
    Consistent with our August 29, 2017, proposal, we revised the 
formaldehyde, methanol, and phenol limits for FA lines to incorporate 
updated production data received from the industry. We also revised the 
definition of the Aerospace subcategory to include FA lines that 
manufacture pipe products to reflect comments we received on our 
proposal. Table 2 shows the final emission limits for the FA line 
subcategories.

                            Table 2--Final Emission Limits for FA Line Subcategories
                                                    [lb/ton]
----------------------------------------------------------------------------------------------------------------
                                                                                                      New and
                Subcategory                               Pollutant                  Existing      reconstructed
                                                                                      sources         sources
----------------------------------------------------------------------------------------------------------------
Aerospace, Air Filtration, and Pipe          Formaldehyde.......................              27            18.0
 Products.
                                             Methanol...........................             8.9             4.0
HVAC.......................................  Formaldehyde.......................             2.8             2.4
                                             Methanol...........................             7.3             1.5
                                             Phenol.............................             0.4             0.4
OEM........................................  Formaldehyde.......................             5.0             2.9
                                             Methanol...........................             5.7             1.1
                                             Phenol.............................              31              22
----------------------------------------------------------------------------------------------------------------

3. What key comments did we receive regarding the FA line proposal?
    One commenter noted that we did not use the correct production rate 
values in calculating the test run values (expressed in terms of pounds 
of pollutant per ton of glass pulled) that we used in the UPL analysis. 
We acknowledge the error in the industry data, and the emission limits 
for FA lines in the final rule, reflects the updated production values.
    One commenter noted that the Aerospace and Air Filtration Products 
subcategory should include pipe products because the same base resin is 
used in manufacturing these products. We agree with the commenter that 
it is appropriate for pipe products and the Aerospace and Air 
Filtration Products subcategory to meet the same emission limits; 
therefore, we revised the Table 2 to 40 CFR part 63, subpart NNN in the 
final rule.
    Another commenter stated that the EPA's proposal to subcategorize 
FA lines so that each individual source is its own subcategory is 
irrational and unlawful and does not meet the statutory test for 
subcategorization specified in CAA section 112(d)(1), which is based on 
the ``classes, types, and sizes'' of sources. The commenter said that 
the EPA failed to provide the necessary determination to subcategorize, 
including a demonstration of: (1) Why these different products make the 
different lines somehow appropriate to divide into subcategories; (2) 
why the different products require the use of different binders, some 
with greater amounts of pollutants; or (3) why the EPA is changing its 
prior proposal not to subcategorize FA lines. The commenter also stated 
that there was no support for the work practice standard for phenol 
emissions from the Aerospace, Air Filtration, and Pipe Products 
subcategory.
    We disagree with the commenter. In the April 15, 2013, proposal (78 
FR 22387), we proposed to eliminate the heavy density and pipe 
subcategories of FA manufacturing lines because we no longer believe 
that a technical basis exists to distinguish these subcategories, and, 
in the July 29, 2015, action, we finalized emission limits for FA lines 
that apply to all types of products. However, as noted in the August 
29, 2017, proposal (82 FR 40977), the data (that we used to determine 
that FA line emission limits) contained errors in the analytical 
results for formaldehyde, methanol, and phenol. In fact, the data used 
to set the 2015 emission limits did not represent every product 
manufactured by the source category. Our review of the corrected FA 
line data received from the industry identified that the phenol 
emission from certain FA production lines were 1- to 2-orders of 
magnitude higher than other FA lines. In addition, we found that some 
FA lines, due to their lower pull rates, were never represented in the 
data used to set the 2015 emission limits for FA

[[Page 60881]]

lines. Based on discussions with Johns Manville (the only company 
currently operating FA lines), we were able to attribute the 
differences in phenol emissions to the use of different binder 
formulations in the manufacture of different wool fiberglass products 
for specific customer demands and end uses. We had also explained that 
PF binder application varies with the result that phenol emissions are 
either higher or lower depending on the product being manufactured (82 
FR 40977). Additionally, proposed 40 CFR 63.1381 presented the proposed 
subcategories. Based on our proposal, we conclude that the different 
products manufactured, and their represented manufacturing processes 
are an acceptable basis that Congress intended for distinguishing 
between classes or types of sources. We also note that ``type'' is 
``undefined and unrestricted'' in CAA section 112(d)(1). U.S. Sugar 
Corp., 830 F.3d at 656.
    One commenter noted that the final rule should include criteria for 
designating the appropriate subcategory for individual FA lines and 
suggested that the subcategory be assigned based on the type of product 
manufactured for 75 percent of the FA line's operating hours. We agree 
with the commenter. Therefore, we have revised the subcategory 
definitions in the final rule to include the percent-operating time 
criteria.
    One commenter objected to the EPA's proposal to extend the 
compliance date for FA lines because the EPA's action violates: (1) The 
clear compliance deadline requirements for air toxics standards 
provided in 40 U.S.C. 7412(i)(3); (2) the prohibition on a delay of 
effectiveness of more than 3 months for the purpose of reconsideration 
according to 40 U.S.C. 7607(d)(7)(B); and (3) the core public notice-
and-comment requirements of the CAA and reasoned decision-making 
because the EPA did not provide any information, data, or documents 
related to the erroneous data in the public docket. The commenter also 
asserted that the EPA's proposed action is arbitrary and capricious 
because it is unsupported by evidence in the record and it conflicts 
with evidence in the record. The commenter argued that the EPA is 
changing its prior determination of the 2-year compliance date without 
the required acknowledgment and a reasoned explanation, including a 
justification for disregarding the facts previously found. The 
commenter also said EPA has given no indication that the concern it 
raised applies to more than one facility or a sufficient number of 
facilities to justify considering a new compliance date for all 
sources, as opposed to evaluating a request for a single compliance 
date extension of 1 year under the statutory mechanism for that 
purpose. In addition, the EPA has failed to consider or address in any 
way the health and environmental effects of the compliance delay it 
proposes.
    We disagree with the commenter. The direct final action did not 
stay the effectiveness of the July 29, 2015, final rule but rather 
extended the compliance date for FA lines by one year. (82 FR 34858). 
Moreover, because the EPA received adverse comments, the direct final 
notice was subsequently withdrawn and did not go into effect. 
Additionally, in a separate action, of August 29, 2017, the EPA 
proposed a different approach that was based on new data and 
information provided by Johns Manville, which can be found in the 
docket for this rulemaking. In this document, the EPA is taking action 
to finalize the approach presented in the August 29, 2017, that 
includes the creation of subscategories for FA lines. As such, 
assertions that the approach presented in the direct final and parallel 
proposal were insufficiently supported by the record are not relevant 
to this action. The final action is consistent with the statutory 
mandate and fully supported by the rulemaking record. As previously 
explained, CAA section 112(i)(3)(A) specifies that the compliance date 
for existing sources must provide for compliance as expeditiously as 
practicable, no later than 3 years after the effective date of the 
standard. The compliance deadline in this final rule does not exceed 
the 3-year period allowed under CAA section 112(i)(3)(A). As also 
previously explained, it reflects the period the EPA believes sources 
need to comply with these revised standards and conduct the necessary 
compliance tests (refer to section III.E of this action).
    We also disagree that the 3-month period for staying the 
effectiveness of a rule is relevant. The compliance extension contained 
within this action does not stay the effectiveness of a rule by 
altering the effective date. Instead, it simply extends the compliance 
date--an action which has its own effective date. Moreover, the CAA 
requirements at 40 U.S.C. 7607(d)(7)(B) specify the conditions for 
submitting and the requirements for responding to a petition for 
reconsideration. As we explained in the July 2017 action, we extended 
the compliance date on our own initiative because we discovered that 
the data on which the July 2015 final rule was based contained errors. 
We were not proceeding in response to a petition for reconsideration of 
the rule.
    As previously discussed regarding the response to comments on our 
proposed work practice standards for phenol emissions from RS lines, in 
section IV.C of this preamble, we disagree with the commenter that 
numerical standards are appropriate for phenol emissions from FA lines. 
For the reasons provided in section IV.C, we conclude that it is not 
feasible to establish a numerical standard for phenol emissions from FA 
lines manufacturing aerospace, air filtration, and pipe products.
4. What is the rationale for our final approach for FA lines?
    Based on the corrected phenol emissions data and the different 
binder formulations used, we conclude it is appropriate to establish 
the Aerospace, HVAC, and OEM subcategories and their associated 
emission standards for FA lines in this final rule. We are providing a 
period of 3 years to allow owners and operators of FA lines sufficient 
time to plan and conduct compliance tests, submit notifications and 
compliance status reports, and to evaluate current control technology 
conditions, if needed.

E. Other Amendments to the Wool Fiberglass Manufacturing NESHAP

1. What other amendments did we propose to the Wool Fiberglass 
Manufacturing NESHAP?
    In the August 29, 2017, action we proposed amendments to the 
incinerator operating limits specified in 40 CFR 63.1382(c)(6) to 
clearly indicate that the subsection applies to total RS or FA line 
emissions. In addition, we proposed revisions to 40 CFR 63.1383(g)(1) 
to include this clarification as it relates to monitoring requirements.
    In the August 29, 2017, proposed rule, we revised 40 CFR 
63.1382(c)(8)(i) to include corrective action requirements as they 
apply to the new RS line emission limits, and the revised FA line 
emission limits. Similarly, we proposed revisions to 40 CFR 63.1383(h) 
to reflect monitoring requirements applicable to the new RS line 
emission limits, and the revised FA line emission limits. In addition, 
we revised 40 CFR 63.1383(i)(1) to address owner or operators who use 
process modifications to control both formaldehyde and methanol 
emissions.
    The August 29, 2017, proposed rule included clarification for 
performance test requirements, as included in 40 CFR 63.1384(a)(3), and 
revised 40 CFR 63.1384(a)(9) to require the requirement to monitor and 
record the free-phenol content of the binder formulation.

[[Page 60882]]

    Lastly, we proposed to allow owners or operators that conducted 
emissions tests in 2016 in response to the EPA's ICR to submit those 
performance test results to demonstrate initial compliance with the new 
methanol emission limits for RS lines, rather than conducting 
additional tests.
2. How did our findings change for the Wool Fiberglass Manufacturing 
NESHAP?
    Based on comments received, we reiterate in this final action that 
the incinerator operating limits of 40 CFR 63.1382(c)(6) apply to total 
emissions from forming, cooling, and collection for RS lines and to 
total emissions from forming, cooling, and collection for FA lines.
3. What key comments did we receive regarding the Wool Fiberglass 
Manufacturing NESHAP in general?
    One commenter noted that in the August 29, 2017, proposed rule 
preamble the EPA stated that ``We are also proposing amendments to the 
incinerator operating limits specified in 40 CFR 63.1382(c)(6) to 
clearly indicate that the subsection applies to cooling emissions. 
Incinerators would be required to control the final formaldehyde, 
methanol, and, where applicable, phenol emissions from forming, curing, 
and cooling processes for both FA and bonded RS lines.'' 82 FR 40976. 
The commenter suggested that the EPA should make clear that an owner or 
operator must meet the incinerator requirements in the event the 
cooling section on a particular line uses incineration as a means of 
control. The commenter indicated that the rule text revision was 
acceptable, but the preamble language was contradictory.
    We have finalized 40 CFR 63.1382(c)(g) as proposed, but have 
provided clarification in this preamble to indicate that the 
incinerator operating limit applies to the total emissions from the 
production line, and does not apply to individual incinerators used for 
each of the processes within the production line.
    As noted in section IV.C.2 of this preamble, one commenter noted 
that the proposed rule requires owners or operators to record the free-
phenol content of binder, but did not specify the method for 
determining free-phenol content of the binders. Based on discussions 
with the commenter, the industry does not have a method for assessing 
this parameter in binder formulations. We have, therefore, revised 40 
CFR 63.1384(a)(9) to require facilities to record and maintain records 
of the free-phenol content of the resin purchased. In addition, the 
facilities are required to maintain records of the formaldehyde and 
phenol content of the binder formulations used in the products.
4. What is the rationale for our final approach for the additional 
amendments to the Wool Fiberglass Manufacturing NESHAP?
    We have revised the requirement for monitoring and recording the 
free-phenol content to specify that facilities must monitor and record 
the free-phenol content of the resin purchased, and not of the binder 
formulation. All other proposed rule revisions are finalized as 
proposed. We provide clarification in this preamble the intent of the 
incinerator operating limits included in the final rule, and indicate 
they are applicable to the RS and FA lines at wool fiberglass 
manufacturing facilities.

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

A. What are the affected facilities?

    Currently, only three wool fiberglass manufacturing facilities 
continue to use RS lines to manufacture a bonded product. These three 
facilities operate six bonded RS lines that would be affected by the 
revised emission limits. Additionally, two facilities continue to use 
FA lines to manufacture a bonded product. The EPA is not currently 
aware of any planned or potential new or reconstructed bonded RS or FA 
lines.

B. What are the air quality impacts?

    Based on the test data received in response to the 2015 ICR, the 
three facilities with bonded RS lines currently meet the final emission 
limits for formaldehyde and methanol. Furthermore, based on available 
information, we expect the two facilities with bonded FA lines will be 
able to meet the emission limits for formaldehyde, methanol and phenol 
without additional controls. Therefore, the emission limits for 
formaldehyde, methanol and phenol will likley not result in further HAP 
emissions reductions. Also, we do not anticipate secondary 
environmental impacts from the final amendments to the Wool Fiberglass 
Manufacturing NESHAP because we expect that owners or operators will 
not need to install additional control devices to meet any of the 
standards.

C. What are the cost impacts?

    Because the existing facilities will not need to install add-on 
control devices or implement process modifications to comply with the 
final emissions standards, and because the EPA is allowing facilities 
to use the test reports submitted in response to Part 2 of the ICR to 
demonstrate initial compliance with the final emission limits for RS 
lines, the five facilities that are subject to the final emission 
standards will not incur increased costs for installing or upgrading 
emissions control systems. However, the facilities that are subject to 
this final action will each incur costs related to the testing and 
notifications requirements related to emission limits, and additional 
monitoring and recordkeeping activities related to work practice 
standards. The total annual cost of this final action is approximately 
$13,131/year (2016 dollars).

D. What are the economic impacts?

    Economic impact analyses evaluate changes in market prices and 
output levels. If changes in market prices and output levels in the 
directly affected markets are significant, impacts on other markets are 
also examined. Both the magnitude of costs needed to comply with the 
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 
rule.
    The final standards for RS lines at wool fiberglass manufacturing 
facilities do not impose control costs or additional testing costs on 
affected facilities. However, affected facilities will have reporting 
requirements (i.e., an initial notification and a notification of 
compliance status) associated with the final formaldehyde and methanol 
emission limits and monitoring and recordkeeping requirements 
associated with the phenol work practice standard. We estimate that the 
total annual cost of this final action is approximately $13,131/year 
(2016 dollars). The economic impacts associated with the costs of this 
final action are quite low; each affected firm is estimated to 
experience an impact of less than 0.01 percent of their revenues.

E. What are the benefits?

    Based on the data collected under Part 2 of the ICR, the actual 
formaldehyde emissions from all bonded RS lines are lower than the 
level allowed under the 1999 NESHAP. Although the final standards for 
formaldehyde from RS lines do not achieve further emissions reductions, 
the final emission limits for methanol and the work practice standards 
for phenol ensure that the emissions reductions that have been achieved 
since the 1999 NESHAP will persist into the future and that emissions 
will not increase.

[[Page 60883]]

F. What analysis of environmental justice did we conduct?

    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), and it does not establish an 
environmental health or safety standard.

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

    This final 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

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

A. Executive Orders 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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. 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 1160.10. This action does not change the information 
collection requirements.

D. 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. None of the 
five entities affected by this action are small entities, using the 
Small Business Administration definition of small business for the 
affected NAICS code (327993), which is 1,500 employees for the ultimate 
parent company.

E. 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. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

F. 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.

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

    This action does not have tribal implications, as specified in 
Executive Order 13175. This action readopts the existing emission limit 
for formaldehyde and establishes new emission limits for methanol and a 
work practice standard for phenol emissions for RS lines. This action 
also includes revisions to the standards for FA lines. Thus, Executive 
Order 13175 does not apply to this action.

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

    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.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. Therefore, the EPA 
conducted searches for the Wool Fiberglass Manufacturing Area Source 
NESHAP through the Enhanced National Standards Systems Network (NSSN) 
Database managed by the American National Standards Institute (ANSI). 
We also contacted voluntary consensus standards (VCS) organizations and 
accessed and searched their databases.
    As discussed in the November 2014 supplemental proposal (79 FR 
68029), under 40 CFR part 63, subpart NNN, we conducted searches for 
EPA Methods 5, 318, 320, 29, and 0061 of 40 CFR part 60, Appendix A. 
These searches did not identify any VCS that were potentially 
applicable for this rule in lieu of EPA reference methods.

K. 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). It 
does not establish an environmental health or safety standard.

L. 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, Reporting and 
recordkeeping requirements, Wool fiberglass manufacturing.

    Dated: December 15, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons stated in the preamble, the EPA is amending title 
40, chapter I, part 63 of the Code of the Federal Regulations 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. Section 63.1381 is amended by adding the definitions, in 
alphabetical order, for ``Aerospace and air filtration

[[Page 60884]]

products''; ``Heating, ventilation, and air conditioning (HVAC) 
products''; and ``Original equipment manufacturer (OEM) products'' and 
revising the definition of ``Pipe product'' to read as follows:


Sec.  63.1381  Definitions.

* * * * *
    Aerospace and air filtration products means bonded wool fiberglass 
insulation manufactured for the thermal and acoustical insulation of 
aircraft and/or the air filtration markets. For the purposes of this 
subpart, a production line that manufactures these types of products 
for 75 percent or more of the line's annual operating hours is 
considered to be an aerospace and air filtration products line.
* * * * *
    Heating, ventilation, and air conditioning (HVAC) products means 
bonded wool fiberglass insulation manufactured for use in HVAC systems 
for the distribution of air or for thermal and acoustical insulation of 
HVAC distribution lines. For the purposes of this subpart, a production 
line that manufactures these types of products for 75 percent or more 
of the line's annual operating hours is considered to be an HVAC 
products line.
* * * * *
    Original equipment manufacturer (OEM) products means bonded wool 
fiberglass insulation manufactured for OEM entities that fabricate the 
insulation into parts used as thermal or acoustical insulation in 
products including, but not limited to, appliances, refrigeration 
units, and office interior equipment. For the purposes of this subpart, 
a production line that manufactures these types of products for 75 
percent or more of the line's annual operating hours is considered to 
be an OEM products line.
    Pipe product means bonded wool fiberglass insulation manufactured 
on a flame attenuation manufacturing line and having a loss on ignition 
of 8 to 14 percent and a density of 48 to 96 kg/m\3\ (3 to 6 lb/ft\3\). 
For the purposes of this subpart, a production line that manufactures 
these types of products for 75 percent or more of the line's annual 
operating hours is considered to be a pipe product line.
* * * * *

0
3. Section 63.1382 is amended by revising paragraphs (c)(6), (c)(8)(i), 
and (c)(9) to read as follows:


Sec.  63.1382  Emission standards.

* * * * *
    (c) * * *
    (6) The owner or operator must operate each incinerator used to 
comply with the emission limits for rotary spin or flame attenuation 
lines specified in Table 2 to this subpart such that any 3-hour block 
average temperature in the firebox does not fall below the average 
established during the performance test as specified in Sec.  63.1384.
* * * * *
    (8)(i) The owner or operator must initiate corrective action within 
1 hour when the monitored process parameter level(s) is outside the 
limit(s) established during the performance test as specified in Sec.  
63.1384 for the process modification(s) used to comply with the 
emission limits for rotary spin or flame attenuation lines specified in 
Table 2 to this subpart, and complete corrective actions in a timely 
manner according to the procedures in the operations, maintenance, and 
monitoring plan.
* * * * *
    (9) The owner or operator must use a resin in the formulation of 
binder such that the free-formaldehyde and free-phenol contents of the 
resin used do not exceed the respective ranges contained in the 
specification for the resin used during the performance test as 
specified in Sec.  63.1384.
* * * * *

0
4. Section 63.1383 is amended by revising paragraphs (g)(1), (h), 
(i)(1), and (j) to read as follows:


Sec.  63.1383  Monitoring requirements.

* * * * *
    (g)(1) The owner or operator who uses an incinerator to comply with 
the emission limits for rotary spin or flame attenuation lines 
specified in Table 2 to this subpart must install, calibrate, maintain, 
and operate a monitoring device that continuously measures and records 
the operating temperature in the firebox of each incinerator.
* * * * *
    (h) The owner or operator who uses a wet scrubbing control device 
to comply with the emission limits for rotary spin or flame attenuation 
lines specified in Table 2 to this subpart must install, calibrate, 
maintain, and operate monitoring devices that continuously monitor and 
record the gas pressure drop across each scrubber and the scrubbing 
liquid flow rate to each scrubber according to the procedures in the 
operations, maintenance, and monitoring plan. The pressure drop monitor 
must be certified by its manufacturer to be accurate within 250 pascals (1 inch water gauge) over its operating 
range, and the flow rate monitor must be certified by its manufacturer 
to be accurate within 5 percent over its operating range. 
The owner or operator must also continuously monitor and record the 
feed rate of any chemical(s) added to the scrubbing liquid.
    (i)(1) The owner or operator who uses process modifications to 
comply with the emission limits for rotary spin or flame attenuation 
lines specified in Table 2 to this subpart must establish a correlation 
between formaldehyde, methanol, and phenol emissions, as appropriate, 
and the process parameter(s) to be monitored.
* * * * *
    (j) The owner or operator must monitor and record the free-
formaldehyde and free-phenol content of each resin shipment received 
and of each resin used in the formulation of binder.
* * * * *

0
5. Section 63.1384 is amended by revising paragraphs (a) introductory 
text, (a)(3), (a)(9), and (c) introductory text to read as follows:


Sec.  63.1384  Performance test requirements.

    (a) The owner or operator subject to the provisions of this subpart 
shall conduct a performance test to demonstrate compliance with the 
applicable emission limits in Sec.  63.1382. Compliance is demonstrated 
when the emission rate of the pollutant is equal to or less than each 
of the applicable emission limits in Sec.  63.1382. The owner or 
operator shall conduct the performance test according to the procedures 
in 40 CFR part 63, subpart A and in this section. If the owner or 
operator conducted an emissions test in 2016 according to the 
procedures specified in Sec.  63.1384(a)(9) and Sec.  63.1385 in 
response to the EPA's Information Collection Request, the owner or 
operator can use the results of the emissions test to demonstrate 
initial compliance with the emission limits for rotary spin lines 
specified in Table 2 to this subpart.
* * * * *
    (3) During each performance test, the owner or operator must 
monitor and record the glass pull rate for each glass-melting furnace 
and, if different, the glass pull rate for each rotary spin 
manufacturing line and flame attenuation manufacturing line. Record the 
glass pull rate every 15 minutes during any performance test required 
by this subpart and determine the arithmetic average of the recorded 
measurements for each test run and calculate the average of the three 
test runs. If a rotary spin or flame attenuation line shares one or 
more emissions points with another rotary spin or flame attenuation 
line(s), owners or operators can conduct the

[[Page 60885]]

performance test while each of the process lines with the shared 
emissions point(s) is operating as specified in paragraph (a)(8) of 
this section, rather than testing each of the shared lines separately. 
In these cases, owners or operators must use the combined glass pull 
rate for the process lines with the shared emissions point(s) to 
demonstrate compliance with the emission limits specified in Table 2 to 
this subpart.
* * * * *
    (9) The owner or operator of each rotary spin manufacturing line 
and flame attenuation manufacturing line regulated by this subpart must 
conduct performance tests using the resin with the highest free-
formaldehyde content. During the performance test of each rotary spin 
manufacturing line and flame attenuation manufacturing line regulated 
by this subpart, the owner or operator shall monitor and record the 
free-formaldehyde and free-phenol contents of the resin, the binder 
formulation used, and the product LOI and density.
* * * * *
    (c) To determine compliance with the emission limits specified in 
Table 2 to this subpart, for formaldehyde and methanol for rotary spin 
manufacturing lines; formaldehyde, phenol, and methanol for flame 
attenuation manufacturing lines; and chromium compounds for gas-fired 
glass-melting furnaces, use the following equation:
* * * * *

0
6. Section 63.1385 is amended by revising paragraph (a)(8) to read as 
follows:


Sec.  63.1385  Test methods and procedures

    (a) * * *
    (8) Method contained in appendix B of this subpart for the 
determination of the free-formaldehyde content of resin. The owner or 
operator shall use vendor specifications to determine the free-phenol 
content of resin.
* * * * *

0
7. Section 63.1386 is amended by revising paragraph (d)(2)(v) to read 
as follows:


Sec.  63.1386  Notification, recordkeeping, and reporting requirements

* * * * *
    (d) * * *
    (2) * * *
    (v) The formulation of each binder batch and the LOI and density 
for each product manufactured on a rotary spin manufacturing line or 
flame attenuation manufacturing line subject to the provisions of this 
subpart, and the free-formaldehyde and free-phenol contents of each 
resin shipment received and of each resin used in the binder 
formulation;
* * * * *

0
 8. Table 2 to subpart NNN of part 63 is amended by:
0
 a. Revising entries 7 and 8;
0
 b. Redesignating entries 9 through 13 as entries 11 through 15;
0
 c. Adding new entries 9 and 10;
0
 d. Revising newly redesignated entries 11 through 15;
0
 e. Adding entries 16 through 19; and
0
 f. Adding footnote 5.
    The revisions and additions read as follows:

                     Table 2 to Subpart NNN of Part 63--Emission Limits and Compliance Dates
----------------------------------------------------------------------------------------------------------------
                                     And you commenced   Your emission limits
       If your source is a:            construction:           are: \1\           And you must comply by: \2\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
7. Rotary spin manufacturing line  On or before March    1.2 lb formaldehyde   June 14, 2002.
                                    31, 1997.             per ton of glass
                                                          pulled \5\.
8. Rotary spin manufacturing line  After March 31, 1997  0.8 lb formaldehyde   June 14, 1999.
                                                          per ton of glass
                                                          pulled \5\.
9. Rotary spin manufacturing line  On or before          1.2 lb formaldehyde   December 26, 2020.
                                    November 25, 2011.    per ton of glass
                                                          pulled 1.1 lb
                                                          methanol per ton of
                                                          glass pulled.
10. Rotary spin manufacturing      After November 25,    0.8 lb formaldehyde   December 26, 2017.\4\
 line.                              2011.                 per ton of glass
                                                          pulled 0.65 lb
                                                          methanol per ton of
                                                          glass pulled.
11. Flame-attenuation line         After March 31,       7.8 lb formaldehyde   June 14, 1999.
 manufacturing a heavy-density      1997, but on or       per ton of glass
 product.                           before November 25,   pulled \5\.
                                    2011.
12. Flame-attenuation line         On or before March    6.8 lb formaldehyde   June 14, 2002.
 manufacturing a pipe product.      31, 1997.             per ton of glass
                                                          pulled \5\.
13. Flame-attenuation line         After March 31,       6.8 lb formaldehyde   June 14, 1999.
 manufacturing a pipe product.      1997, but before      per ton of glass
                                    November 25, 2011.    pulled \5\.
14. Flame-attenuation line         On or before          27 lb formaldehyde    December 26, 2020.
 manufacturing an aerospace, air    November 25, 2011.    per ton of glass
 filtration, or pipe product.                             pulled 8.9 lb
                                                          methanol per ton of
                                                          glass pulled.
15. Flame-attenuation line         After November 25,    18.0 lb formaldehyde  December 26, 2017.\4\
 manufacturing an aerospace, air    2011.                 per ton of glass
 filtration, or pipe product.                             pulled 4.0 lb
                                                          methanol per ton of
                                                          glass pulled.
16. Flame-attenuation line         On or before          2.8 lb formaldehyde   December 26, 2020.
 manufacturing an HVAC product.     November 25, 2011.    per ton of glass
                                                          pulled 7.3 lb
                                                          methanol per ton of
                                                          glass pulled 0.4 lb
                                                          phenol per ton of
                                                          glass pulled.
17. Flame-attenuation line         After November 25,    2.4 lb formaldehyde   December 26, 2017.\4\
 manufacturing an HVAC product.     2011.                 per ton of glass
                                                          pulled 1.5 lb
                                                          methanol per ton of
                                                          glass pulled 0.4 lb
                                                          phenol per ton of
                                                          glass pulled.

[[Page 60886]]

 
18. Flame-attenuation line         On or before          5.0 lb formaldehyde   December 26, 2020.
 manufacturing an OEM product.      November 25, 2011.    per ton of glass
                                                          pulled 5.7 lb
                                                          methanol per ton of
                                                          glass pulled 31 lb
                                                          phenol per ton of
                                                          glass pulled.
19. Flame-attenuation line         After November 25,    2.9 lb formaldehyde   December 26, 2017.\4\
 manufacturing an OEM product.      2011.                 per ton of glass
                                                          pulled 1.1 lb
                                                          methanol per ton of
                                                          glass pulled 22 lb
                                                          phenol per ton of
                                                          glass pulled.
----------------------------------------------------------------------------------------------------------------
\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.
 * * * * * * *
\4\ Or initial startup, whichever is later.
\5\ This limit does not apply after December 26, 2020.
 

[FR Doc. 2017-27797 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                       60873

                                             action is being taken under sections 129                  Dated: December 15, 2017.                           (CBI) or other information whose
                                             and 111(d) of the CAA.                                  Cosmo Servidio,                                       disclosure is restricted by statute.
                                                                                                     Regional Administrator, Region III.                   Certain other material, such as
                                             DATES: The direct final rule published at                                                                     copyrighted material, is not placed on
                                             82 FR 51350 on November 6, 2017 is                      ■ Accordingly, the amendments to 40
                                                                                                     CFR 62.5110 and 40 CFR 62.5112,                       the internet and will be publicly
                                             withdrawn effective December 26, 2017.                                                                        available only in hard copy form.
                                                                                                     published on November 6, 2017 (82 FR
                                             ADDRESSES:   EPA has established docket                 51350), are withdrawn effective                       Publicly available docket materials are
                                             number EPA–R03–OAR–2017–0484 for                        December 26, 2017.                                    available either electronically through
                                             this action. The index to the docket is                                                                       http://www.regulations.gov, or in hard
                                                                                                     [FR Doc. 2017–27796 Filed 12–22–17; 8:45 am]
                                             available electronically at http://                                                                           copy at the EPA Docket Center, EPA
                                                                                                     BILLING CODE 6560–50–P                                WJC West Building, Room Number
                                             www.regulations.gov and in hard copy
                                             at Air Protection Division, U.S.                                                                              3334, 1301 Constitution Ave. NW,
                                             Environmental Protection Agency,                                                                              Washington, DC. The Public Reading
                                                                                                     ENVIRONMENTAL PROTECTION
                                             Region III, 1650 Arch Street,                                                                                 Room hours of operation are 8:30 a.m.
                                                                                                     AGENCY
                                             Philadelphia, Pennsylvania 19103.                                                                             to 4:30 p.m. Eastern Standard Time
                                                                                                     40 CFR Part 63                                        (EST), Monday through Friday. The
                                             FOR FURTHER INFORMATION CONTACT:                                                                              telephone number for the Public
                                             Emily Linn, (215) 814–5273, or by email                 [EPA–HQ–OAR–2010–1042; FRL–9972–44–                   Reading Room is (202) 566–1744, and
                                             at linn.emily@epa.gov.                                  OAR]                                                  the telephone number for the Docket
                                                                                                     RIN 2060–AT13                                         Center is (202) 566–1742.
                                             SUPPLEMENTARY INFORMATION:     On May
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT: For
                                             10, 2016, the State of Maryland
                                                                                                     National Emission Standards for                       questions about this final action, contact
                                             submitted a formal revision (MD
                                                                                                     Hazardous Air Pollutants for Wool                     Mr. Brian Storey, Sector Policies and
                                             Submittal #16–05) to its CAA section
                                                                                                     Fiberglass Manufacturing; Rotary Spin                 Programs Division (D243–04), Office of
                                             111(d)/129 State Plan for MWCs. The
                                                                                                     Lines Technology Review and                           Air Quality Planning and Standards,
                                             revisions contain Maryland’s
                                                                                                     Revision of Flame Attenuation Lines                   U.S. Environmental Protection Agency,
                                             amendments to COMAR 26.11.08,                           Standards                                             Research Triangle Park, North Carolina
                                             ‘‘Requirements for an Existing Large                                                                          27711; telephone number: (919) 541–
                                             MWC with a Capacity Greater Than 250                    AGENCY:  Environmental Protection                     1103; fax number: (919) 541–4991; and
                                             Tons Per Day.’’ These amendments                        Agency (EPA).                                         email address: storey.brian@epa.gov.
                                             update the MWC references to opacity                    ACTION: Final rule.                                   For information about the applicability
                                             compliance previously made by the                                                                             of the NESHAP to a particular entity,
                                             Maryland Department of the                              SUMMARY:    This action completes the
                                                                                                                                                           contact Ms. Sara Ayres, Office of
                                             Environment. The Maryland state                         final residual risk and technology
                                                                                                                                                           Enforcement and Compliance
                                             submittal is available in the docket for                reviews (RTR) that the Environmental
                                                                                                                                                           Assurance, U.S. Environmental
                                             this rulemaking and available online at                 Protection Agency (EPA) conducted for
                                                                                                                                                           Protection Agency, EPA WJC South
                                             www.regulations.gov.                                    the Wool Fiberglass Manufacturing
                                                                                                                                                           Building, 1200 Pennsylvania Ave. NW,
                                                                                                     source category regulated under the
                                                Please see additional information                                                                          Washington, DC 20460; telephone
                                                                                                     national emission standards for
                                             provided in the direct final action                                                                           number: (312) 353–6266; and email
                                                                                                     hazardous air pollutants (NESHAP). In
                                             published in the Federal Register on                                                                          address: ayres.sara @epa.gov.
                                                                                                     this action, the EPA is readopting the
                                             November 6, 2017 (82 FR 51350) and in                   existing emission limits for                          SUPPLEMENTARY INFORMATION:
                                             the companion proposed rule which                       formaldehyde, establishing emission                     Preamble acronyms and
                                             was also published on November 6,                       limits for methanol, and a work practice              abbreviations. We use multiple
                                             2017 (82 FR 51380). In the DFR, we                      standard for phenol emissions from                    acronyms and terms in this preamble.
                                             stated that if we received adverse                      bonded rotary spin (RS) lines at wool                 While this list may not be exhaustive, to
                                             comment by December 6, 2017, the rule                   fiberglass manufacturing facilities. In               ease the reading of this preamble and for
                                             would be withdrawn and not take effect.                 addition, the EPA is revising the                     reference purposes, the EPA defines the
                                             EPA subsequently received an adverse                    emission standards promulgated on July                following terms and acronyms here:
                                             comment. As a result of the comment                     29, 2015, for flame attenuation (FA)                  BDL below the detection limit
                                             received, EPA is withdrawing the DFR                    lines at wool fiberglass manufacturing                CAA Clean Air Act
                                             approving the revisions submitted by                    facilities by creating three subcategories            CBI confidential business information
                                                                                                                                                           CD–ROM Compact Disc Read-Only Memory
                                             the State of Maryland to their CAA                      of FA lines and establishing emission                 CDX Central Data Exchange
                                             section 111(d)/129 State Plan for MWCs.                 limits for formaldehyde and methanol                  CFR Code of Federal Regulations
                                             EPA will address the comment received                   emissions, and either emission limits or              EPA Environmental Protection Agency
                                             in a subsequent final action based upon                 work practice standards for phenol                    ERT Electronic Reporting Tool
                                             the proposed action also published on                   emissions for each subcategory of FA                  FA flame attenuation
                                             November 6, 2017. EPA will not                          lines.                                                FR Federal Register
                                                                                                                                                           HAP hazardous air pollutants(s)
                                             institute a second comment period on                    DATES:  This final rule is effective on               ICR information collection request
                                             this action.                                            December 26, 2017.                                    lbs/ton pounds per ton
                                             List of Subjects in 40 CFR Part 62                      ADDRESSES: The EPA has established a                  MACT maximum achievable control
                                                                                                                                                                technology
ethrower on DSK3G9T082PROD with RULES




                                                                                                     docket for this action under Docket ID
                                               Environmental protection, Air                                                                               NESHAP national emission standards for
                                                                                                     No. EPA–HQ–OAR–2010–1042. All
                                                                                                                                                                hazardous air pollutants
                                             pollution control, Carbon monoxide,                     documents in the docket are listed on                 NTTAA National Technology Transfer and
                                             Intergovernmental relations, Lead,                      the http://www.regulations.gov website.                    Advancement Act
                                             Nitrogen dioxide, Particulate matter,                   Although listed in the index, some                    OMB Office of Management and Budget
                                             Reporting and recordkeeping                             information is not publicly available,                PF phenol-formaldehyde
                                             requirements, Sulfur oxides.                            e.g., confidential business information               ppmv parts per million by volume



                                        VerDate Sep<11>2014   16:22 Dec 22, 2017   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\26DER1.SGM   26DER1


                                             60874            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             PRA Paperwork Reduction Act                               D. What other changes have been made to               TABLE 1—NESHAP AND INDUSTRIAL
                                             RFA Regulatory Flexibility Act                               the NESHAP?                                         SOURCE CATEGORIES AFFECTED BY
                                             RS rotary spin                                            E. What are the effective and compliance
                                             RTR Risk and Technology Review                               dates of the standards?                             THIS FINAL ACTION
                                             tpy tons per year                                         F. What are the requirements for
                                             TTN Technology Transfer Network                              submission of performance test data to                NESHAP and source                      NAICS 1 code
                                             UMRA Unfunded Mandates Reform Act                                                                                      category
                                                                                                          the EPA?
                                             UPL upper prediction limit                              IV. What is the rationale for our final               Wool Fiberglass Manufac-
                                                                                                          decisions and amendments for the Wool             turing .................................          327993
                                                Background information. On August
                                                                                                          Fiberglass Manufacturing source
                                             29, 2017, the EPA proposed revisions to                      category?                                          1 North      American         Industry     Classification
                                             the Wool Fiberglass Manufacturing                         A. Technology Review for the Wool                   System.
                                             NESHAP based on our technology                               Fiberglass Manufacturing Source                     Table 1 of this preamble is not
                                             review of the source category’s bonded                       Category                                         intended to be exhaustive, but rather to
                                             RS lines. In addition, the proposal                       B. Amendments Pursuant to CAA Sections              provide a guide for readers regarding
                                             included certain revisions to the July 29,                   112(d)(2) and (3) for the Wool Fiberglass
                                                                                                                                                           entities likely to be affected by the final
                                             2015, emission standards for the bonded                      Manufacturing Source Category
                                                                                                       C. Amendments Pursuant to CAA Section
                                                                                                                                                           action for the source category listed. To
                                             FA lines. In this action, we are                                                                              determine whether your facility is
                                             finalizing decisions and revisions for                       112(h) for the Wool Fiberglass
                                                                                                          Manufacturing Source Category                    affected, you should examine the
                                             the rule. We summarize some of the                                                                            applicability criteria in the appropriate
                                             more significant comments we timely                       D. Amendments for FA Lines in the Wool
                                                                                                          Fiberglass Manufacturing Source                  NESHAP. If you have any questions
                                             received regarding the proposed rule                         Category                                         regarding the applicability of any aspect
                                             and provide our responses in this                         E. Other Amendments to the Wool                     of this NESHAP, please contact the
                                             preamble. A summary of all other public                      Fiberglass Manufacturing NESHAP                  appropriate person listed in the
                                             comments on the proposal and the                        V. Summary of Cost, Environmental, and                preceding FOR FURTHER INFORMATION
                                             EPA’s responses to those comments is                         Economic Impacts and Additional                  CONTACT section of this preamble.
                                             available in the document titled,                            Analyses Conducted
                                             National Emissions Standards for                          A. What are the affected facilities?                B. Where can I get a copy of this
                                             Hazardous Air Pollutants for Wool                         B. What are the air quality impacts?                document and other related
                                             Fiberglass Manufacturing (40 CFR part                     C. What are the cost impacts?                       information?
                                             63, subpart NNN)—Technology Review,                       D. What are the economic impacts?                      In addition to being available in the
                                             Final Amendments: Response to Public                      E. What are the benefits?
                                                                                                                                                           docket, an electronic copy of this final
                                                                                                       F. What analysis of environmental justice
                                             Comments on August 29, 2017 Proposal,                                                                         action will also be available on the
                                                                                                          did we conduct?
                                             which is available in the docket for this                 G. What analysis of children’s                      internet. Following signature by the
                                             action (Docket ID No. EPA–HQ–OAR–                            environmental health did we conduct?             EPA Administrator, the EPA will post a
                                             2010–1042). A ‘‘track changes’’ version                 VI. Statutory and Executive Order Reviews             copy of this final action at: https://
                                             of the regulatory language that                           A. Executive Orders 12866: Regulatory               www.epa.gov/stationary-sources-air-
                                             incorporates the changes in this action                      Planning and Review and Executive                pollution/wool-fiberglass-
                                             is also available in the docket.                             Order 13563: Improving Regulation and            manufacturing-national-emissions-
                                                Organization of this document. The                        Regulatory Review                                standards. Following publication in the
                                             information in this preamble is                           B. Executive Order 13771: Reducing                  Federal Register, the EPA will post the
                                             organized as follows:                                        Regulations and Controlling Regulatory           Federal Register version and key
                                                                                                          Costs                                            technical documents at this same
                                             I. General Information                                    C. Paperwork Reduction Act (PRA)
                                                A. Does this action apply to me?                                                                           website.
                                                                                                       D. Regulatory Flexibility Act (RFA)                    Additional information is available on
                                                B. Where can I get a copy of this document             E. Unfunded Mandates Reform Act
                                                  and other related information?                                                                           the RTR website at http://www.epa.gov/
                                                                                                          (UMRA)
                                                C. Judicial Review and Administrative                  F. Executive Order 13132: Federalism
                                                                                                                                                           ttn/atw/rrisk/rtrpg.html. This
                                                  Reconsideration                                      G. Executive Order 13175: Consultation              information includes an overview of the
                                             II. Background                                               and Coordination with Indian Tribal              RTR program, links to project websites
                                                A. What is the statutory authority for this               Governments                                      for the RTR source categories, and
                                                  action?                                              H. Executive Order 13045: Protection of             detailed emissions and other data we
                                                B. What is the Wool Fiberglass                            Children From Environmental Health               used as inputs to the risk assessments.
                                                  Manufacturing source category and how                   Risks and Safety Risks
                                                  does the NESHAP regulate HAP                         I. Executive Order 13211: Actions                   C. Judicial Review and Administrative
                                                  emissions from the source category?                     Concerning Regulations That                      Reconsideration
                                                C. What changes did we propose for the                    Significantly Affect Energy Supply,
                                                  Wool Fiberglass Manufacturing source                                                                       Under Clean Air Act (CAA) section
                                                                                                          Distribution, or Use                             307(b)(1), judicial review of this final
                                                  category in our August 29, 2017, notice?             J. National Technology Transfer and
                                             III. What is included in this final rule?                                                                     action is available only by filing a
                                                                                                          Advancement Act (NTTAA)                          petition for review in the United States
                                                A. What are the final rule amendments for
                                                                                                       K. Executive Order 12898: Federal Actions
                                                  formaldehyde emissions from RS lines
                                                                                                          to Address Environmental Justice in
                                                                                                                                                           Court of Appeals for the District of
                                                  based on the technology review for the
                                                                                                          Minority Populations and Low-Income              Columbia Circuit by February 26, 2018.
                                                  Wool Fiberglass Manufacturing source                                                                     Under CAA section 307(b)(2), the
                                                                                                          Populations
                                                  category?                                                                                                requirements established by this final
                                                                                                       L. Congressional Review Act (CRA)
                                                B. What are the final rule amendments
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                                                                                                                                                           rule may not be challenged separately in
                                                  pursuant to CAA sections 112(d)(2) and             I. General Information                                any civil or criminal proceedings
                                                  (3) for RS lines in the Wool Fiberglass
                                                  Manufacturing source category?                     A. Does this action apply to me?                      brought by the EPA to enforce the
                                                C. What are the final rule amendments                                                                      requirements.
                                                  pursuant to CAA section 112(h) for RS                Regulated entities. Table 1 includes                  Section 307(d)(7)(B) of the CAA
                                                  lines in the Wool Fiberglass                       the categories and entities potentially               further provides that only an objection
                                                  Manufacturing source category?                     regulated by this action.                             to a rule or procedure which was raised


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                               60875

                                             with reasonable specificity during the                  practice, or operational standards; or                112(f).1 Additionally, CAA section
                                             period for public comment (including                    any combination of the above.                         112(h) allows the agency to adopt a
                                             any public hearing) may be raised                          For these MACT standards, the statute              work practice standard in lieu of a
                                             during judicial review. This section also               specifies certain minimum stringency                  numerical emission standard only if it is
                                             provides a mechanism for the EPA to                     requirements, which are referred to as                ‘‘not feasible in the judgment of the
                                             reconsider the rule if the person raising               MACT floor requirements, and which                    Administrator to prescribe or enforce an
                                             an objection can demonstrate to the                     may not be based on cost                              emission standard for control of a
                                             Administrator that it was impracticable                 considerations. See CAA section                       hazardous air pollutant.’’ This phrase is
                                             to raise such objection within the period               112(d)(3). For new sources, the MACT                  defined as applying where ‘‘the
                                             for public comment or if the grounds for                floor cannot be less stringent than the               Administrator determines that the
                                             such objection arose after the period for               emission control achieved in practice by              application of measurement
                                             public comment (but within the time                     the best-controlled similar source. The               methodology to a particular class of
                                             specified for judicial review) and if such              MACT standards for existing sources                   sources is not practicable due to
                                             objection is of central relevance to the                can be less stringent than floors for new             technological and economic
                                             outcome of the rule. Any person seeking                 sources, but they cannot be less                      limitations.’’ CAA section 112(h)(1) and
                                             to make such a demonstration should                     stringent than the average emission                   (2).
                                             submit a Petition for Reconsideration to                limitation achieved by the best-                         In this action, the EPA is finalizing
                                             the Office of the Administrator, U.S.                   performing 12 percent of existing                     the technology review for RS lines in
                                             EPA, Room 3000, EPA WJC South                           sources in the category or subcategory                accordance with section 112(d)(6) of the
                                             Building, 1200 Pennsylvania Ave. NW,                    (or the best-performing five sources for              CAA. In addition, the EPA is amending
                                             Washington, DC 20460, with a copy to                    categories or subcategories with fewer                certain emission standards promulgated
                                             both the person(s) listed in the                        than 30 sources). In developing MACT                  on July 29, 2015, for FA lines at wool
                                             preceding FOR FURTHER INFORMATION                       standards, we must also consider                      fiberglass manufacturing facilities.
                                             CONTACT section, and the Associate                      control options that are more stringent
                                             General Counsel for the Air and                         than the floor under CAA section                      B. What is the Wool Fiberglass
                                             Radiation Law Office, Office of General                 112(d)(2). We may establish standards                 Manufacturing source category and how
                                             Counsel (Mail Code 2344A), U.S. EPA,                    more stringent than the floor, based on               does the NESHAP regulate HAP
                                             1200 Pennsylvania Ave. NW,                              the consideration of the cost of                      emissions from the source category?
                                             Washington, DC 20460.                                   achieving the emissions reductions, any
                                                                                                                                                              The EPA promulgated the Wool
                                                                                                     non-air quality health and
                                             II. Background                                                                                                Fiberglass Manufacturing NESHAP on
                                                                                                     environmental impacts, and energy
                                                                                                                                                           June 14, 1999 (62 FR 31695). The
                                             A. What is the statutory authority for                  requirements.
                                                                                                        In the second stage of the regulatory              standards are codified at 40 CFR part 63,
                                             this action?                                                                                                  subpart NNN. The Wool Fiberglass
                                                                                                     process, the CAA requires the EPA to
                                                Section 112 of the CAA establishes a                 undertake two different analyses, which               Manufacturing source category consists
                                             two-stage regulatory process to address                 we refer to as the technology review and              of facilities that produce wool fiberglass
                                             emissions of hazardous air pollutants                   the residual risk review. Under the                   from sand, feldspar, sodium sulfate,
                                             (HAP) from stationary sources. In the                   technology review, we must review the                 anhydrous borax, boric acid, or any
                                             first stage, we must identify categories                technology-based standards and revise                 other materials. This source category
                                             of sources emitting one or more of the                  them ‘‘as necessary (taking into account              currently comprises three wool
                                             HAP listed in CAA section 112(b) and                    developments in practices, processes,                 fiberglass manufacturing facilities
                                             then promulgate technology-based                        and control technologies)’’ no less                   operating bonded RS lines, and two
                                             NESHAP for those sources. ‘‘Major                       frequently than every 8 years, pursuant               facilities operating bonded FA lines.
                                             sources’’ are those that emit, or have the              to CAA section 112(d)(6). In conducting               The EPA is not currently aware of any
                                             potential to emit, any single HAP at a                  this review, the EPA is not required to               planned or potential new or
                                             rate of 10 tons per year (tpy) or more,                 recalculate the MACT floor. Natural                   reconstructed bonded RS or FA lines.
                                             or 25 tpy or more of any combination of                 Resources Defense Council (NRDC) v.                      On July 29, 2015, we published the
                                             HAP. For major sources, these standards                 EPA, 529 F.3d 1077, 1084 (DC Cir.                     final rule amendments to the Wool
                                             are commonly referred to as maximum                     2008). Association of Battery Recyclers,              Fiberglass Manufacturing NESHAP
                                             achievable control technology (MACT)                    Inc. v. EPA, 716 F.3d 667 (DC Cir. 2013).             resulting from our completion of certain
                                             standards and must reflect the                          Under the residual risk review, we must               aspects of the CAA section 112(f)(2)
                                             maximum degree of emission reductions                   evaluate the risk to public health                    residual risk review and the CAA
                                             of HAP achievable (after considering                    remaining after application of the                    section 112(d)(6) technology review for
                                             cost, energy requirements, and non-air                  technology-based standards and revise                 that NESHAP RTR. 80 FR 45280.
                                             quality health and environmental                        the standards, if necessary, to provide               Specifically, the July 29, 2015, final
                                             impacts). In developing MACT                            an ample margin of safety to protect                  rule:
                                             standards, CAA section 112(d)(2) directs                public health or to prevent, taking into                 • Established a chromium emission
                                             the EPA to consider the application of                  consideration costs, energy, safety, and              limit for gas-fired, glass-melting
                                             measures, processes, methods, systems,                  other relevant factors, an adverse                    furnaces under CAA section 112(f)(2);
                                             or techniques, including, but not limited               environmental effect. The residual risk                  • Revised the particulate matter
                                             to those that reduce the volume of or                   review is required within 8 years after               emission limit for gas-fired, glass-
                                             eliminate HAP emissions through                         promulgation of the technology-based
                                             process changes, substitution of
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                                                                                                     standards, pursuant to CAA section                      1 The U.S. Court of Appeals for the District of
                                             materials, or other modifications;                      112(f). In conducting the residual risk               Columbia Circuit has affirmed this approach of
                                             enclose systems or processes to                         review, if the EPA determines that the                implementing CAA section 112(f)(2)(A): NRDC v.
                                             eliminate emissions; collect, capture, or               current standards provide an ample                    EPA, 529 F.3d 1077, 1083 (DC Cir. 2008) (‘‘If EPA
                                                                                                                                                           determines that the existing technology-based
                                             treat HAP when released from a process,                 margin of safety to protect public health,            standards provide an ’ample margin of safety,’ then
                                             stack, storage, or fugitive emissions                   it is not necessary to revise the MACT                the Agency is free to readopt those standards during
                                             point; are design, equipment, work                      standards pursuant to CAA section                     the residual risk rulemaking.’’).



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                                             60876            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             melting furnaces at major sources under                    • Establishing work practice                       A. What are the final rule amendments
                                             CAA section 112(d)(6);                                  standards for phenol from bonded RS                   for formaldehyde emissions from RS
                                                • Established work practice standards                lines under CAA section 112(h);                       lines based on the technology review for
                                             for hydrogen chloride and hydrogen                         • Amending the incinerator operating               the Wool Fiberglass Manufacturing
                                             fluoride emissions from glass-melting                   limits to include cooling emissions from              source category?
                                             furnaces at wool fiberglass                             both RS and FA limits under CAA                          We are readopting the current
                                             manufacturing facilities under CAA                                                                            emissions standards for formaldehyde
                                                                                                     section 112(d)(2) and (3);
                                             section 112(h);                                                                                               from forming, cooling, and collection
                                                • Eliminated the use of formaldehyde                    • Establishing new subcategories of
                                                                                                                                                           processes on existing, new, and
                                             as a surrogate and established revised                  FA lines under CAA section 112(d)(1),
                                                                                                                                                           reconstructed bonded RS lines at wool
                                             limits for formaldehyde and first-time                  defined as: (1) Aerospace, Air Filtration,            fiberglass manufacturing facilities under
                                             limits for methanol and phenol emitted                  and Pipe Products; (2) Heating,                       CAA section 112(d)(6) as the result of
                                             from FA lines under CAA sections                        Ventilation, and Air Conditioning                     our technology review.
                                             112(d)(2) and (d)(3);                                   (HVAC); and (3) Original Equipment
                                                • Eliminated FA line subcategories;                  Manufacturer (OEM);                                   B. What are the final rule amendments
                                                • Removed the exemption for startup                                                                        pursuant to CAA sections 112(d)(2) and
                                                                                                        • Establishing new emission limits                 (3) for RS lines in the Wool Fiberglass
                                             and shutdown periods and established                    for formaldehyde, methanol, and phenol
                                             work practice standards that apply                                                                            Manufacturing source category?
                                                                                                     from most of the newly proposed FA
                                             during startup and shutdown periods;                    line subcategories under CAA section                    Under CAA sections 112(d)(2) and
                                             and                                                     112(d)(2) and (3); and                                (d)(3), we are establishing emission
                                                • Established chromium emission                                                                            limits for methanol from forming,
                                             limits for both new and existing gas-                      • Setting work practice standards for              cooling, and collection processes on
                                             fired, glass-melting furnaces at area                   phenol from one newly proposed FA                     existing, new, and reconstructed bonded
                                             sources in the Wool Fiberglass                          line subcategory under CAA section                    RS lines at wool fiberglass
                                             Manufacturing source category under                     112(h).                                               manufacturing facilities.
                                             CAA section 112(d)(5).                                  III. What is included in this final rule?             C. What are the final rule amendments
                                                In the July 2015 rule, we did not                                                                          pursuant to CAA section 112(h) for RS
                                             finalize proposed emission limits for                     This action finalizes the EPA’s                     lines in the Wool Fiberglass
                                             formaldehyde, methanol, and phenol                      determinations, as proposed, pursuant                 Manufacturing source category?
                                             emissions from forming, cooling, and                    to the CAA section 112(d)(6) review for
                                             collection processes on bonded RS lines                 the Wool Fiberglass Manufacturing                        We are establishing work practice
                                             under CAA sections 112(d)(2) and (3).                                                                         standards for phenol emissions from
                                                                                                     source category and amends the Wool
                                             We explained that this decision was                                                                           combined fiber/collection, curing, and
                                                                                                     Fiberglass Manufacturing NESHAP
                                             based on comments we received on our                                                                          cooling processes on existing, new, and
                                                                                                     based on those determinations. This                   reconstructed bonded RS lines at wool
                                             various proposals indicating that the                   action also finalizes, with minor
                                             proposed limits likely relied on                                                                              fiberglass manufacturing facilities under
                                                                                                     revisions to our proposals, other                     CAA section 112(h).
                                             incorrect data. We explained that we
                                                                                                     changes to the NESHAP, including
                                             had issued an Information Collection                                                                          D. What other changes have been made
                                                                                                     establishing first-time limits for
                                             Request (ICR) under CAA section 114                                                                           to the NESHAP?
                                                                                                     methanol emissions from forming,
                                             for purposes of obtaining the requisite
                                             data. 80 FR 45293.                                      cooling, and collection processes on                     Other changes to the NESHAP
                                                                                                     new and existing bonded RS lines at                   include:
                                             C. What changes did we propose for the                  wool fiberglass manufacturing facilities                 • Finalizing the proposed
                                             Wool Fiberglass Manufacturing source                    under CAA sections 112(d)(2) and (3),                 subcategories for FA lines and their
                                             category in our August 29, 2017, notice?                and establishing work practices                       associated emissions standards for
                                                On August 29, 2017, the EPA                          standards for phenol emissions from                   existing, new, and reconstructed bonded
                                             published a proposed rule in the                        forming, cooling, and collection                      FA lines at wool fiberglass
                                             Federal Register for the Wool Fiberglass                processes on new and existing bonded                  manufacturing facilities;
                                                                                                                                                              • Adding an annual operating
                                             Manufacturing NESHAP, 40 CFR part                       RS lines at wool fiberglass
                                                                                                                                                           requirement for designating the
                                             63, subpart NNN, that took into                         manufacturing facilities under CAA
                                                                                                                                                           appropriate subcategory for FA lines;
                                             consideration the new data received in                  section 112(h).                                          • Clarifying that the Aerospace
                                             response to the ICR. We also explained                    Additionally, consistent with our                   subcategory includes pipe products;
                                             that since our July 29, 2015, final rule,               proposal, this action finalizes our                      • Establishing the compliance period
                                             we had received new information and                                                                           for both RS and FA lines; and
                                                                                                     decision to create three subcategories of
                                             data from a facility that operates FA                                                                            • Revising the recordkeeping
                                                                                                     FA lines at wool fiberglass
                                             lines that cast doubts on information                                                                         requirement for free-formaldehyde and
                                                                                                     manufactuirng facilities based on the
                                             and data that the agency relied on in                                                                         free-phenol content of binders.
                                             promulgating the July 2015 final rule                   type of product that is manufactured.
                                             emission limits for FA lines. In the                    This action also finalizes, as proposed,              E. What are the effective and
                                             August 29, 2017, Federal Register, we                   emission limits for formaldehyde,                     compliance dates of the standards?
                                             proposed the following:                                 methanol, and phenol emissions under                     The revisions to the MACT standards
                                                • Readopting the formaldehyde                        CAA section 112(d)(2) and (3) for two of
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                                                                                                                                                           being promulgated in this action are
                                             emission limits for bonded RS lines that                these subcategories, and finalizes                    effective on December 26, 2017. The
                                             were in the original 1999 NESHAP                        emission limits for formaldehyde and                  compliance date for existing RS and FA
                                             under CAA section 112(d)(6);                            methanol under CAA section 112(d)(2)                  manufacturing lines is December 26,
                                                • Establishing new emission limits                   and (3), and work practices standards                 2020. New sources must comply with
                                             for methanol from bonded RS lines                       for phenol emissions under CAA section                the all of the standards immediately
                                             under CAA section 112(d)(2) and (3);                    112(h), for the third subcategory.                    upon the effective date of the standard,


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                      60877

                                             December 26, 2017, or upon startup,                     www3.epa.gov/ttn/chief/ert/index.html.                A. Technology Review for the Wool
                                             whichever is later.                                     CEDRI can be accessed through the CDX                 Fiberglass Manufacturing Source
                                                CAA section 112(i)(3) requires that                  website (http://www.epa.gov/cdx). Once                Category
                                             existing sources must comply as                         submitted, a performance test report
                                             expeditiously as practicable, but no later                                                                    1. What did we propose pursuant to
                                                                                                     will be available to the public through               CAA section 112(d)(6) for the Wool
                                             than 3 years after promulgation of                      the EPA WebFIRE database (https://
                                             standards under CAA section 112(d).                                                                           Fiberglass Manufacturing source
                                                                                                     cfpub.epa.gov/webfire/).                              category?
                                             (‘‘Section 112(i)(3)’s three-year
                                             maximum compliance period applies                          The requirement to submit                             In the August 29, 2017, action (82 FR
                                             generally to any emissions standard . . .               performance test data electronically to               40970), we proposed readopting the
                                             promulgated under CAA [section 112].’’                  the EPA does not create any additional                current NESHAP emission limits for
                                             Ass’n of Battery Recyclers v. EPA, 716                  performance testing and will apply only               formaldehyde from forming, cooling,
                                             F.3d 667, 672 (DC Cir. 2013)).                          to those performance tests conducted                  and collection processes on existing,
                                             Additionally, we may not reset                          using test methods that are supported by              new, and reconstructed bonded RS lines
                                             compliance deadlines for revisions that                 the ERT. A listing of the pollutants and              at wool fiberglass manufacturing
                                             are unaccompanied by changes to a                       test methods supported by the ERT is                  facilities under CAA section 112(d)(6).
                                             MACT standard. NRDC v. EPA, 489 F.3d                    available at the ERT website. With                    2. How did the technology review
                                             1364, 1374 (DC Cir. 2007) (EPA may not                  electronic reporting, industry will save              change for the Wool Fiberglass
                                             revise compliance deadlines ‘‘for                       time in the performance test submittal                Manufacturing source category?
                                             compliance with Section 112 standards                   process. Additionally, this rulemaking
                                             anytime it adjusts reporting terms.’’).                                                                          We are not changing our technology
                                                                                                     benefits industry by reducing
                                             This final action reflects our conclusion                                                                     review findings from the August 29,
                                                                                                     recordkeeping costs as the performance                2017, proposal.
                                             that sources will need the 3-year period                test reports that are submitted to the
                                             to comply with the various final rule                                                                         3. What key comments did we receive
                                                                                                     EPA using CEDRI are no longer required
                                             requirements, which are not just                                                                              on the technology review, and what are
                                                                                                     to be kept in hard copy.
                                             reporting requirements. For instance,                                                                         our responses?
                                             with regard to FA lines, subcategories                     State, local, and tribal air agencies
                                             have been newly created, and numerical                  may benefit from more streamlined and                    One commenter disagreed with our
                                             emission limits for formaldehyde and                    accurate review of performance test data              proposal to readopt the current
                                             methanol emissions are being                            that will become available to the public              formaldehyde emission limits for
                                             promulgated. Thus, owners or operators                  through WebFIRE. Having such data                     existing and new sources. The
                                             of affected sources will need to conduct                publicly available enhances                           commenter stated that the EPA’s refusal
                                             performance tests in order to                                                                                 to increase protections against
                                                                                                     transparency and accountability. For a
                                             demonstrate initial compliance with                                                                           formaldehyde emissions from RS lines
                                                                                                     more thorough discussion of electronic
                                             these final standards. Additionally, as                                                                       is unlawful and irrational and is not
                                                                                                     reporting of performance tests using                  consistent with 42 U.S.C. 7412(d)(6),
                                             explained at proposal, the work practice                direct computer-to-computer electronic
                                             standards for phenol emisisons from                                                                           which is intended to drive pollution
                                                                                                     transfer and using EPA-provided                       reductions. The commenter said that the
                                             both RS and FA lines call for vendor                    software, see the discussion in the
                                             specifications, which will likely require                                                                     EPA’s proposal to retain the current
                                                                                                     preamble of the proposal.                             NESHAP emission limits for
                                             vendor bids and selections, and the
                                             likely institution of new practices to                     In summary, in addition to supporting              formaldehyde from RS lines, even
                                             address the final recordkeeping                         regulation development, control strategy              though the EPA identified
                                             requirements.                                           development, and other air pollution                  developments in practices, processes,
                                                                                                     control activities, having an electronic              and control technologies under the
                                             F. What are the requirements for                                                                              technology review, does not meet the
                                                                                                     database populated with performance
                                             submission of performance test data to                                                                        requirements of 42 U.S.C. 7412(d)(6)
                                             the EPA?                                                test data will save industry, state, local,
                                                                                                     and tribal air agencies, and the EPA                  which requires the EPA to ‘‘account’’ for
                                                As we proposed, the EPA is taking                    significant time, money, and effort.                  such developments consistent with the
                                             steps to increase the ease and efficiency                                                                     CAA. The commenter asserted that
                                             of data submittal and data accessibility.               IV. What is the rationale for our final               failing to strengthen the emission limits
                                             Specifically, the EPA is finalizing the                 decisions and amendments for the Wool                 will allow sources to emit at higher
                                             requirement for owners or operators of                  Fiberglass Manufacturing source                       levels without consequence, and will
                                             wool fiberglass manufacturing facilities                category?                                             remove a strong incentive for the
                                             to submit electronic copies of certain                                                                        industry to complete the transition to
                                             required performance test reports.                        For each issue, this section provides               non-phenol formaldehyde (PF) binders.
                                                Data will be collected by direct                     a description of what we proposed and                    We disagree with the commenter. As
                                             computer-to-computer electronic                         what we are finalizing for the issue, the             explained in the August 29, 2017, action
                                             transfer using EPA-provided software.                   EPA’s rationale for the final decisions               (82 FR 40975), we considered
                                             This EPA-provided software is an                        and amendments, and a summary of key                  mandating the use of non-PF binders for
                                             electronic performance test report tool                 comments and responses. For all                       lines currently using PF binders, and/or
                                             called the Electronic Reporting Tool                    comments not discussed in this                        mandating the use of non-PF binders for
                                             (ERT). The ERT will generate an                         preamble, comment summaries and the                   all bonded lines as part of the required
                                             electronic report package which will be
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                                                                                                     EPA’s responses are contained in the                  CAA section 112(d)(6) technology
                                             submitted to the Compliance and                         comment summary and response                          review. We did not propose this option,
                                             Emissions Data Reporting Interface                      document available in the docket for                  however, and, instead, we proposed to
                                             (CEDRI) and then archived to the EPA’s                  this action.                                          readopt the current limits because the
                                             Central Data Exchange (CDX). A                                                                                source category has already achieved
                                             description of the ERT and instructions                                                                       approximately 95-percent reduction in
                                             for using ERT can be found at http://                                                                         formaldehyde emissions due to the


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                                             60878            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             replacement of the PF binders with non-                 these existing MACT limits are reflected              2. How did our findings pursuant to
                                             PF binders. We explained that this                      in operating permits for these sources                CAA sections 112(d)(2) and (3) review
                                             industry trend would likely continue                    and, thus, remain enforceable until                   change for the Wool Fberglass
                                             given industry indications that non-PF                  otherwise revised.                                    Manufacturing source category?
                                             binders are less expensive than PF                                                                              In this final action, we are revising the
                                             binders and, as also explained at                       4. What is the rationale for our final
                                                                                                     approach for the technology review?                   methanol emission limits for new and
                                             proposal, that cost considerations will                                                                       existing bonded RS lines by reflecting
                                             move the industry in the direction of                      As noted in the proposal preamble (82              just two significant figures, based on
                                             complete elimination of PF binders in                   FR 40974), this source category has                   comments received on the August 29,
                                             the absence of regulation. However, as                  already achieved approximately 95-                    2017, proposal. This is consistent with
                                             also noted at proposal, the remaining                                                                         current bonded RS line emission limits.
                                                                                                     percent reduction in formaldehyde
                                             sources that continue to operate RS
                                                                                                     emissions due to the replacement of PF                3. What key comments did we receive
                                             lines using PF binders manufacture
                                                                                                     binders with non-PF binders. We                       on our findings pursuant to CAA
                                             products for customers with
                                             specifications that preclude the use of                 conclude that the industry will continue              sections 112(d)(2) and (3), and what are
                                             any currently available non-PF binders                  this trend without the need for tighter               our responses?
                                             and, therefore, if PF binders were                      regulation due to cost considerations
                                                                                                                                                              One commenter stated that the EPA’s
                                             banned, these facilities would likely no                (i.e., non-PF binders are less expensive              proposal illegally and arbitrarily relied
                                             longer be able to produce these                         than PF binders). Additionally, as                    on the UPL, instead of following the
                                             products. Furthermore, we noted that                    explained above, facilities are currently             CAA’s requirement to set an emission
                                             mandating non-PF binders would likely                   using PF binders because of customers’                limitation that is not less stringent than
                                             be viewed as penalizing sources that                    specifications for certain products and,              the ‘‘average emission limitation
                                             continued to utilize PF binders.                        thus, would be unable to manufacture                  achieved’’ by the relevant best-
                                             Therefore, we continue to conclude that                 such products if we mandate the use of                performing sources. The commenter
                                             it would be inappropriate to ban PF                     non-PF binders. Therefore, we are                     also argued that there was ample
                                             binders at this time. We also explained                 finalizing our proposal to readopt the                support in the record for proposal and
                                             that our review of the 2015 ICR                         current NESHAP formaldehyde                           adoption of beyond-the-floor limits such
                                             indicated that all bonded RS lines are                  emission limits for existing, new, and                as material switching.
                                             equipped with air pollution control                     reconstructed bonded RS lines at wool                    We disagree with the commenter.
                                             devices for formaldehyde emissions as                   fiberglass manufacturing facilities.                  Section 112(d)(3) of the CAA requires
                                             compared to the time of promulgation of                                                                       the EPA to promulgate standards for
                                             the 1999 MACT standards. Specifically,                  B. Amendments Pursuant to CAA                         major sources of HAP that are based on
                                             we found that formaldehyde emissions                    Sections 112(d)(2) and (3) for the Wool               MACT performance. For existing
                                             were significantly below the 1999                       Fiberglass Manufacturing Source                       sources, MACT standards must be at
                                             MACT and we attributed these                            Category                                              least as stringent as the average
                                             reductions to both control technologies                 1. What did we propose pursuant to                    emission limitation achieved by the
                                             in use and the phase out of PF binders.                 CAA sections 112(d)(2) and (3) for the                best-performing 12 percent of existing
                                             We expressed our belief that sources                                                                          sources (for which the Administrator
                                                                                                     Wool Fiberglass Manufacturing source
                                             would maintain these control                                                                                  has emissions information) or the best-
                                                                                                     category?
                                             technologies and, thus, that the lower                                                                        performing five sources for source
                                             emissions remain somewhat assured,                         In the August 29, 2017, action (82 FR              categories with less than 30 sources. For
                                             even without our lowering of the                        40970), we proposed first-time                        new sources, the MACT standards must
                                             existing MACT standards. We continue                    standards for methanol emitted from                   be at least as stringent as the control
                                             to believe that sources will maintain                   forming, cooling, and collection                      level achieved in practice by the best-
                                             control technologies that address                       processes on existing, new, and                       controlled similar source. MACT
                                             formaldehyde emissions from the                         reconstructed bonded RS lines at wool                 standards also have to be continuously
                                             various processes on RS lines post                                                                            achievable as specified by CAA section
                                                                                                     fiberglass manufacturing facilities. We
                                             promulgation of standards that they are                                                                       302(k).
                                                                                                     established the MACT floor for
                                             already meeting, partly because most (or                                                                         Although CAA section 112(d)
                                                                                                     methanol emissions based on
                                             potentially all) of these sources would                                                                       includes language such as ‘‘existing
                                             likely not be able to comply with the                   application of the upper prediction limit             source,’’ ‘‘best performing,’’ and
                                             current formaldehyde limits or the new                  (UPL) method to the best-performing                   ‘‘achieved in practice’’ in referring to
                                             methanol limits without these controls.                 five sources in the test data collected               source operations, the CAA language
                                             We also note that because we were                       under Part 2 of the 2015 ICR. We                      does not address whether sources’
                                             confident of the continued use of                       considered beyond-the-floor options for               emission levels should be evaluated
                                             existing control technologies that                      methanol for all combined collection                  over time or be based on a single test
                                             achieve formaldehyde emissions                          and curing operation designs as                       result. In fact, the D.C. Circuit has long
                                             reductions that are well below the                      required by CAA section 112(d)(2);                    recognized the ambiguity in the term
                                             existing MACT, we also did not propose                  however, we did not propose any limits                ‘‘average emission limitation.’’ See
                                             requiring initial compliance                            based on the beyond-the-floor analyses                NACWA v. EPA, 734 F.3d at 1131
                                             demonstration, but rather proposed to                   because of the potential adverse impacts              (noting that the court has accorded
                                             allow sources to use test reports
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                                                                                                     of additional controls, including the                 Chevron deference to the EPA’s
                                             submitted in response to the 2015 ICR                   cost of control devices, non-air                      interpretation of CAA sections 129
                                             as a means of demonstrating initial                     environmental impacts, and energy                     MACT floor requirement) and 112 (‘‘the
                                             compliance with the proposed emission                   implications associated with use of                   phrase ‘average emission limitation
                                             limits, when finalized (82 FR 40976).                   these additional controls.                            achieved by the best performing 12
                                             This final rule contains this                                                                                 percent of units’ could be interpreted
                                             requirement, as proposed. Additionally,                                                                       several different ways, with several


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                      60879

                                             different variations of what the MACT                   collection processes on existing, new,                formaldehyde and free-phenol content
                                             floor is supposed to represent’’). The                  and reconstructed RS lines at wool                    of binder, but did not specify the
                                             phrase ‘‘average emission limitation                    fiberglass manufacturing facilities on                method for determining these values.
                                             achieved by the best performing 12                      data collected under Part 2 of the 2015               The proposed rule did not specify the
                                             percent of units’’ does not specify the                 ICR. We conclude that, based on the                   procedures for determining the binder
                                             methodology that the EPA should use to                  UPL for the best-performing five                      free-formaldehyde and free-phenol
                                             determine the emissions levels achieved                 sources, these limits represent the                   content because we were unaware of a
                                             by the best-performing sources.                         MACT level of control for methanol                    published method for conducting the
                                             Therefore, the EPA has discretion to                    emissions currently being achieved on                 measurement. Based on discussions
                                             interpret the phrase ‘‘average emission                 RS line processes by using add-on                     with the commenter, the industry does
                                             limitation achieved’’ by the best                       control devices (e.g., gas scrubbers,                 not have methods for assessing these
                                             performing source or sources. Further,                  thermal oxidizers). In response to the                parameters in binder formulations.
                                             the D.C. Circuit has held repeatedly that               proposed rule, we did not receive any                 Consequently, we are removing the
                                             the EPA may take the variability of best-               additional emissions and process data                 requirement in the final rule to record
                                             performing sources into account in                      for consideration.                                    the free-formaldehyde and free-phenol
                                             establishing MACT floors. Sierra Club v.                                                                      content of binder formulations. We have
                                             EPA, 479 F.3d 875, 881–882 (D.C. Cir.                   C. Amendments Pursuant to CAA                         revised the rule to require facilities to
                                             2007). See also, Cement Kiln Recycling                  Section 112(h) for the Wool Fiberglass                record and maintain records of the free-
                                             Coalition v. EPA, 255 F. 3d 861, 865                    Manufacturing Source Category                         formaldehyde and free-phenol content
                                             (D.C. Cir. 2001); National Lime Ass’n v.                1. What did we propose pursuant to                    of the resin purchased.
                                             EPA, 627 F.2d 416, 431 n.46, 443 (D.C.                  CAA sections 112(h) for the Wool                         One commenter said that the EPA
                                             Cir. 1980). Consequently, we apply the                  Fiberglass Manufacturing source                       failed to meet the required tests for
                                             UPL approach in developing numeric                      category?                                             setting only work practice standards
                                             emission standards when using short-                                                                          instead of numerical emission limits.
                                             term test data, rather than calculating a                  In the August 29, 2017, action (82 FR              The commenter noted that the EPA may
                                             straight average of test runs which does                40970), we proposed establishing work                 promulgate work practice standards
                                             not address the performance of a source                 practice standards under CAA section                  instead of numerical standards ‘‘only if
                                             over time. The UPL is a statistical                     112(h) that represent MACT for phenol                 measuring emission levels is
                                             method to compensate for limited data                   emissions from forming, cooling, and                  technologically or economically
                                             and account for variability in emissions                collection processes on bonded RS                     impracticable’’ (Sierra Club v. EPA, 479
                                             in determining what emission                            lines. We concluded that it was not                   F.3d 875, 883–84 (D.C. Cir. 2007)) and
                                             limitations have been achieved by the                   feasible to prescribe or enforce an                   only if doing so ‘‘is consistent with the
                                             best-performing sources. The EPA’s use                  emission limit for these processes due to             provisions of subsection (d) or (f).’’ 42
                                             of the UPL has been upheld based on                     the prevalence of emission test values                U.S.C. 7412(h)(1). The commenter stated
                                             explanations previously provided in                     reported as below the detection limit                 that the presence of BDL values in the
                                             U.S. Sugar Corp. v. EPA, 830 F.3d 579,                  (BDL) of the test method.                             test data does not provide an excuse for
                                             632–637 (D.C. Cir. 2016). ‘‘We believe                  2. How did our findings pursuant to                   the EPA to evade the requirement to set
                                             that the EPA has carried its burden of                  CAA section 112(h) change for the Wool                numeric standards.
                                             demonstrating that the UPL reflect[s] a                 Fiberglass Manufacturing source                          We disagree with the commenter that
                                             reasonable estimate of the emissions                    category?                                             numerical standards are appropriate for
                                             achieved in practice by the best                                                                              phenol emissions from RS lines.
                                             performing sources.’’ Id., at 635                         We did not change our proposal to                   Sections 112(h)(1) and (h)(2)(B) of the
                                             (Internal citations omitted).                           establish work practice standards for                 CAA provide the EPA with the
                                                With regard to the comment that we                   phenol emissions under CAA section                    discretion to adopt a work practice
                                             should have set beyond-the-floor limits                 112(h) for RS lines. However, based on                standard, rather than a numeric
                                             in light of evidence of material                        our evaluation of public comments, we                 standard, when ‘‘the application of
                                             switching, as explained at proposal,                    concluded that methods for determining                measurement methodology to a
                                             there are potential adverse impacts of                  the free-formaldehyde and free-phenol                 particular class of sources is not
                                             additional controls for methanol, such                  content of binder formulations does not               practicable due to technological and
                                             as control devices costs, non-air quality               exist. We have, therefore, removed the                economic limitations.’’ The ‘‘application
                                             health impacts, and energy implications                 proposed requirement for facilities to                of measurement methodologies’’
                                             (82 FR 40976). Additionally, as also                    record the free-formaldehyde and free-                (described in CAA section 112(h)(2)(B))
                                             previously explained, customer                          phenol content of binder formulations,                means not only conducting a
                                             specifications preclude the use of                      and instead revised the proposed                      measurement, but also that a
                                             products with any currently available                   requirement for facilities to record and              measurement has some reasonable
                                             non-PF binders and, therefore, requiring                maintain records of the free-                         relation to what the source is emitting
                                             non-PF binders as a beyond-the-floor                    formaldehyde and free-phenol content                  (i.e., that the measurement yields a
                                             measure would result in these products                  of the resin purchased. In addition,                  meaningful value). That is not the case
                                             likely no longer being produced.                        facilities are required to record and                 here. Therefore, as proposed, we
                                             (‘‘Nothing in section 7429(a)(2) requires               maintain records of the formaldehyde                  concluded that it is not feasible to
                                             the agency to impose a cost so                          and phenol content of the product                     establish a numerical standard for
                                             disproportionate to the expected gains.’’               binder formulations.                                  phenol emissions from RS lines.
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                                             Id., at 640).                                                                                                 Moreover, a numerical limit established
                                                                                                     3. What key comments did we receive                   at some level greater than the detection
                                             4. What is the rationale for our final                  on our findings pursuant to CAA section               limit (which would be a necessity since
                                             approach pursuant to CAA sections                       112(h), and what are our responses?                   any numeric standard would have to be
                                             112(d)(2) and (3)?                                        One commenter noted that the                        measurable) could authorize and allow
                                                We based the final methanol emission                 proposed rule requires owners or                      more emissions of these HAP than
                                             limits for the forming, cooling, and                    operators to record the free-                         would otherwise be the case.


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                                             60880                Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             4. What is the rationale for our final                                    practice standards for phenol emissions                                   compliance period. In a separate action
                                             approach pursuant to CAA section                                          from FA lines.                                                            on July 6, 2017 (82 FR 34858), we
                                             112(h)?                                                                                                                                             proposed extending the compliance
                                                                                                                       D. Amendments for FA Lines in the
                                                As explained in the proposal                                           Wool Fiberglass Manufacturing Source                                      period for the July 29, 2015, final rule
                                             preamble, approximately 60 percent of                                     Category                                                                  requirements for existing FA lines to 3
                                             the phenol concentration values were                                                                                                                years in order to allow the EPA time to
                                             reported as BDL values. Under these                                       1. What amendments did we propose for                                     review corrected data provided by the
                                             circumstances, it is not technologically                                  FA lines in the Wool Fiberglass                                           industry.
                                             and economically feasible to measure                                      Manufacturing source category?
                                             reliably phenol emissions from RS lines.                                     In the August 29, 2017, action (82 FR                                  2. How did our findings regarding the
                                             This is also consistent with our                                          40976), we proposed three subcategories                                   FA line proposal change for the Wool
                                             approach in previous rulemakings (e.g.,                                   for FA lines under CAA section                                            Fiberglass Manufacturing source
                                             NESHAP for Coal- and Oil-Fired Electric                                   112(d)(1) based on recent information                                     category?
                                             Utility Steam Generating Units,                                           indicating that there are technical or
                                                                                                                                                                                                    Consistent with our August 29, 2017,
                                             NESHAP for Primary Aluminum                                               design differences that distinguish FA
                                             Reduction Plants) where test results                                      lines that manufacture different wool                                     proposal, we revised the formaldehyde,
                                             were predominantly found to be BDL                                        fiberglass products: (1) Aerospace and                                    methanol, and phenol limits for FA
                                             (e.g., more than 55 percent of the test                                   Air Filtration; (2) HVAC; and (3) OEM.                                    lines to incorporate updated production
                                             run results). In these instances, the EPA                                 (See also proposed 40 CFR 63.1381.) We                                    data received from the industry. We also
                                             established work practice standards for                                   also proposed revisions to the                                            revised the definition of the Aerospace
                                             the pollutants in question from the                                       formaldehyde, methanol, and phenol                                        subcategory to include FA lines that
                                             subject sources because we concluded                                      emission limits for FA lines                                              manufacture pipe products to reflect
                                             that emissions of the pollutants are too                                  promulgated on July 29, 2015 (80 FR                                       comments we received on our proposal.
                                             low to reliably measure and quantify.                                     45280), to reflect these new                                              Table 2 shows the final emission limits
                                             Similarly, we are finalizing work                                         subcategories and proposed a 1-year                                       for the FA line subcategories.

                                                                                                TABLE 2—FINAL EMISSION LIMITS FOR FA LINE SUBCATEGORIES
                                                                                                                                                     [lb/ton]

                                                                                                                                                                                                                                          New and
                                                                                                                                                                                                                       Existing
                                                                            Subcategory                                                                             Pollutant                                                           reconstructed
                                                                                                                                                                                                                       sources             sources

                                             Aerospace, Air Filtration, and Pipe Products ...............                         Formaldehyde ...............................................................                    27             18.0
                                                                                                                                  Methanol .......................................................................                8.9             4.0
                                             HVAC ............................................................................    Formaldehyde ...............................................................                    2.8             2.4
                                                                                                                                  Methanol .......................................................................                7.3             1.5
                                                                                                                                  Phenol ...........................................................................              0.4             0.4
                                             OEM ..............................................................................   Formaldehyde ...............................................................                    5.0             2.9
                                                                                                                                  Methanol .......................................................................                5.7             1.1
                                                                                                                                  Phenol ...........................................................................              31               22



                                             3. What key comments did we receive                                       lines so that each individual source is                                   22387), we proposed to eliminate the
                                             regarding the FA line proposal?                                           its own subcategory is irrational and                                     heavy density and pipe subcategories of
                                                One commenter noted that we did not                                    unlawful and does not meet the                                            FA manufacturing lines because we no
                                             use the correct production rate values in                                 statutory test for subcategorization                                      longer believe that a technical basis
                                             calculating the test run values                                           specified in CAA section 112(d)(1),                                       exists to distinguish these subcategories,
                                             (expressed in terms of pounds of                                          which is based on the ‘‘classes, types,                                   and, in the July 29, 2015, action, we
                                             pollutant per ton of glass pulled) that                                   and sizes’’ of sources. The commenter                                     finalized emission limits for FA lines
                                             we used in the UPL analysis. We                                           said that the EPA failed to provide the                                   that apply to all types of products.
                                             acknowledge the error in the industry                                     necessary determination to                                                However, as noted in the August 29,
                                             data, and the emission limits for FA                                      subcategorize, including a                                                2017, proposal (82 FR 40977), the data
                                             lines in the final rule, reflects the                                     demonstration of: (1) Why these                                           (that we used to determine that FA line
                                             updated production values.                                                different products make the different                                     emission limits) contained errors in the
                                                One commenter noted that the                                           lines somehow appropriate to divide                                       analytical results for formaldehyde,
                                             Aerospace and Air Filtration Products                                     into subcategories; (2) why the different                                 methanol, and phenol. In fact, the data
                                             subcategory should include pipe                                           products require the use of different                                     used to set the 2015 emission limits did
                                             products because the same base resin is                                   binders, some with greater amounts of                                     not represent every product
                                             used in manufacturing these products.                                     pollutants; or (3) why the EPA is                                         manufactured by the source category.
                                             We agree with the commenter that it is                                    changing its prior proposal not to                                        Our review of the corrected FA line data
                                             appropriate for pipe products and the                                     subcategorize FA lines. The commenter                                     received from the industry identified
                                                                                                                       also stated that there was no support for                                 that the phenol emission from certain
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                                             Aerospace and Air Filtration Products
                                             subcategory to meet the same emission                                     the work practice standard for phenol                                     FA production lines were 1- to 2-orders
                                             limits; therefore, we revised the Table 2                                 emissions from the Aerospace, Air                                         of magnitude higher than other FA
                                             to 40 CFR part 63, subpart NNN in the                                     Filtration, and Pipe Products                                             lines. In addition, we found that some
                                             final rule.                                                               subcategory.                                                              FA lines, due to their lower pull rates,
                                                Another commenter stated that the                                         We disagree with the commenter. In                                     were never represented in the data used
                                             EPA’s proposal to subcategorize FA                                        the April 15, 2013, proposal (78 FR                                       to set the 2015 emission limits for FA


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                        60881

                                             lines. Based on discussions with Johns                  compliance date for all sources, as                      As previously discussed regarding the
                                             Manville (the only company currently                    opposed to evaluating a request for a                 response to comments on our proposed
                                             operating FA lines), we were able to                    single compliance date extension of 1                 work practice standards for phenol
                                             attribute the differences in phenol                     year under the statutory mechanism for                emissions from RS lines, in section IV.C
                                             emissions to the use of different binder                that purpose. In addition, the EPA has                of this preamble, we disagree with the
                                             formulations in the manufacture of                      failed to consider or address in any way              commenter that numerical standards are
                                             different wool fiberglass products for                  the health and environmental effects of               appropriate for phenol emissions from
                                             specific customer demands and end                       the compliance delay it proposes.                     FA lines. For the reasons provided in
                                             uses. We had also explained that PF                        We disagree with the commenter. The                section IV.C, we conclude that it is not
                                             binder application varies with the result               direct final action did not stay the                  feasible to establish a numerical
                                             that phenol emissions are either higher                 effectiveness of the July 29, 2015, final             standard for phenol emissions from FA
                                             or lower depending on the product                       rule but rather extended the compliance               lines manufacturing aerospace, air
                                             being manufactured (82 FR 40977).                       date for FA lines by one year. (82 FR                 filtration, and pipe products.
                                             Additionally, proposed 40 CFR 63.1381                   34858). Moreover, because the EPA
                                             presented the proposed subcategories.                   received adverse comments, the direct                 4. What is the rationale for our final
                                             Based on our proposal, we conclude                      final notice was subsequently                         approach for FA lines?
                                             that the different products                             withdrawn and did not go into effect.                   Based on the corrected phenol
                                             manufactured, and their represented                     Additionally, in a separate action, of                emissions data and the different binder
                                             manufacturing processes are an                          August 29, 2017, the EPA proposed a                   formulations used, we conclude it is
                                             acceptable basis that Congress intended                 different approach that was based on                  appropriate to establish the Aerospace,
                                             for distinguishing between classes or                   new data and information provided by                  HVAC, and OEM subcategories and
                                             types of sources. We also note that                     Johns Manville, which can be found in                 their associated emission standards for
                                             ‘‘type’’ is ‘‘undefined and unrestricted’’              the docket for this rulemaking. In this               FA lines in this final rule. We are
                                             in CAA section 112(d)(1). U.S. Sugar                    document, the EPA is taking action to                 providing a period of 3 years to allow
                                             Corp., 830 F.3d at 656.                                 finalize the approach presented in the                owners and operators of FA lines
                                                One commenter noted that the final                   August 29, 2017, that includes the                    sufficient time to plan and conduct
                                             rule should include criteria for                        creation of subscategories for FA lines.
                                                                                                                                                           compliance tests, submit notifications
                                             designating the appropriate subcategory                 As such, assertions that the approach
                                                                                                                                                           and compliance status reports, and to
                                             for individual FA lines and suggested                   presented in the direct final and parallel
                                                                                                                                                           evaluate current control technology
                                             that the subcategory be assigned based                  proposal were insufficiently supported
                                                                                                                                                           conditions, if needed.
                                             on the type of product manufactured for                 by the record are not relevant to this
                                             75 percent of the FA line’s operating                   action. The final action is consistent                E. Other Amendments to the Wool
                                             hours. We agree with the commenter.                     with the statutory mandate and fully                  Fiberglass Manufacturing NESHAP
                                             Therefore, we have revised the                          supported by the rulemaking record. As
                                                                                                                                                           1. What other amendments did we
                                             subcategory definitions in the final rule               previously explained, CAA section
                                                                                                                                                           propose to the Wool Fiberglass
                                             to include the percent-operating time                   112(i)(3)(A) specifies that the
                                             criteria.                                               compliance date for existing sources                  Manufacturing NESHAP?
                                                One commenter objected to the EPA’s                  must provide for compliance as                          In the August 29, 2017, action we
                                             proposal to extend the compliance date                  expeditiously as practicable, no later                proposed amendments to the incinerator
                                             for FA lines because the EPA’s action                   than 3 years after the effective date of              operating limits specified in 40 CFR
                                             violates: (1) The clear compliance                      the standard. The compliance deadline                 63.1382(c)(6) to clearly indicate that the
                                             deadline requirements for air toxics                    in this final rule does not exceed the 3-             subsection applies to total RS or FA line
                                             standards provided in 40 U.S.C.                         year period allowed under CAA section                 emissions. In addition, we proposed
                                             7412(i)(3); (2) the prohibition on a delay              112(i)(3)(A). As also previously                      revisions to 40 CFR 63.1383(g)(1) to
                                             of effectiveness of more than 3 months                  explained, it reflects the period the EPA             include this clarification as it relates to
                                             for the purpose of reconsideration                      believes sources need to comply with                  monitoring requirements.
                                             according to 40 U.S.C. 7607(d)(7)(B);                   these revised standards and conduct the
                                             and (3) the core public notice-and-                                                                             In the August 29, 2017, proposed rule,
                                                                                                     necessary compliance tests (refer to
                                             comment requirements of the CAA and                                                                           we revised 40 CFR 63.1382(c)(8)(i) to
                                                                                                     section III.E of this action).
                                             reasoned decision-making because the                       We also disagree that the 3-month                  include corrective action requirements
                                             EPA did not provide any information,                    period for staying the effectiveness of a             as they apply to the new RS line
                                             data, or documents related to the                       rule is relevant. The compliance                      emission limits, and the revised FA line
                                             erroneous data in the public docket. The                extension contained within this action                emission limits. Similarly, we proposed
                                             commenter also asserted that the EPA’s                  does not stay the effectiveness of a rule             revisions to 40 CFR 63.1383(h) to reflect
                                             proposed action is arbitrary and                        by altering the effective date. Instead, it           monitoring requirements applicable to
                                             capricious because it is unsupported by                 simply extends the compliance date—an                 the new RS line emission limits, and the
                                             evidence in the record and it conflicts                 action which has its own effective date.              revised FA line emission limits. In
                                             with evidence in the record. The                        Moreover, the CAA requirements at 40                  addition, we revised 40 CFR
                                             commenter argued that the EPA is                        U.S.C. 7607(d)(7)(B) specify the                      63.1383(i)(1) to address owner or
                                             changing its prior determination of the                 conditions for submitting and the                     operators who use process
                                             2-year compliance date without the                      requirements for responding to a                      modifications to control both
                                             required acknowledgment and a                           petition for reconsideration. As we                   formaldehyde and methanol emissions.
                                                                                                                                                             The August 29, 2017, proposed rule
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                                             reasoned explanation, including a                       explained in the July 2017 action, we
                                             justification for disregarding the facts                extended the compliance date on our                   included clarification for performance
                                             previously found. The commenter also                    own initiative because we discovered                  test requirements, as included in 40 CFR
                                             said EPA has given no indication that                   that the data on which the July 2015                  63.1384(a)(3), and revised 40 CFR
                                             the concern it raised applies to more                   final rule was based contained errors.                63.1384(a)(9) to require the requirement
                                             than one facility or a sufficient number                We were not proceeding in response to                 to monitor and record the free-phenol
                                             of facilities to justify considering a new              a petition for reconsideration of the rule.           content of the binder formulation.


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                                             60882            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                               Lastly, we proposed to allow owners                   purchased. In addition, the facilities are            comply with the final emissions
                                             or operators that conducted emissions                   required to maintain records of the                   standards, and because the EPA is
                                             tests in 2016 in response to the EPA’s                  formaldehyde and phenol content of the                allowing facilities to use the test reports
                                             ICR to submit those performance test                    binder formulations used in the                       submitted in response to Part 2 of the
                                             results to demonstrate initial                          products.                                             ICR to demonstrate initial compliance
                                             compliance with the new methanol                                                                              with the final emission limits for RS
                                                                                                     4. What is the rationale for our final
                                             emission limits for RS lines, rather than                                                                     lines, the five facilities that are subject
                                                                                                     approach for the additional
                                             conducting additional tests.                                                                                  to the final emission standards will not
                                                                                                     amendments to the Wool Fiberglass
                                             2. How did our findings change for the                  Manufacturing NESHAP?                                 incur increased costs for installing or
                                             Wool Fiberglass Manufacturing                                                                                 upgrading emissions control systems.
                                                                                                        We have revised the requirement for                However, the facilities that are subject
                                             NESHAP?                                                 monitoring and recording the free-                    to this final action will each incur costs
                                                Based on comments received, we                       phenol content to specify that facilities             related to the testing and notifications
                                             reiterate in this final action that the                 must monitor and record the free-                     requirements related to emission limits,
                                             incinerator operating limits of 40 CFR                  phenol content of the resin purchased,                and additional monitoring and
                                             63.1382(c)(6) apply to total emissions                  and not of the binder formulation. All                recordkeeping activities related to work
                                             from forming, cooling, and collection for               other proposed rule revisions are                     practice standards. The total annual cost
                                             RS lines and to total emissions from                    finalized as proposed. We provide                     of this final action is approximately
                                             forming, cooling, and collection for FA                 clarification in this preamble the intent             $13,131/year (2016 dollars).
                                             lines.                                                  of the incinerator operating limits
                                                                                                     included in the final rule, and indicate              D. What are the economic impacts?
                                             3. What key comments did we receive
                                                                                                     they are applicable to the RS and FA                    Economic impact analyses evaluate
                                             regarding the Wool Fiberglass
                                                                                                     lines at wool fiberglass manufacturing                changes in market prices and output
                                             Manufacturing NESHAP in general?
                                                                                                     facilities.                                           levels. If changes in market prices and
                                                One commenter noted that in the
                                             August 29, 2017, proposed rule                          V. Summary of Cost, Environmental,                    output levels in the directly affected
                                             preamble the EPA stated that ‘‘We are                   and Economic Impacts and Additional                   markets are significant, impacts on other
                                             also proposing amendments to the                        Analyses Conducted                                    markets are also examined. Both the
                                             incinerator operating limits specified in                                                                     magnitude of costs needed to comply
                                                                                                     A. What are the affected facilities?
                                             40 CFR 63.1382(c)(6) to clearly indicate                                                                      with the rule and the distribution of
                                                                                                        Currently, only three wool fiberglass              these costs among affected facilities can
                                             that the subsection applies to cooling
                                                                                                     manufacturing facilities continue to use              have a role in determining how the
                                             emissions. Incinerators would be
                                                                                                     RS lines to manufacture a bonded                      market will change in response to a rule.
                                             required to control the final
                                                                                                     product. These three facilities operate                 The final standards for RS lines at
                                             formaldehyde, methanol, and, where
                                                                                                     six bonded RS lines that would be                     wool fiberglass manufacturing facilities
                                             applicable, phenol emissions from                       affected by the revised emission limits.
                                             forming, curing, and cooling processes                                                                        do not impose control costs or
                                                                                                     Additionally, two facilities continue to              additional testing costs on affected
                                             for both FA and bonded RS lines.’’ 82                   use FA lines to manufacture a bonded
                                             FR 40976. The commenter suggested                                                                             facilities. However, affected facilities
                                                                                                     product. The EPA is not currently aware               will have reporting requirements (i.e.,
                                             that the EPA should make clear that an                  of any planned or potential new or
                                             owner or operator must meet the                                                                               an initial notification and a notification
                                                                                                     reconstructed bonded RS or FA lines.                  of compliance status) associated with
                                             incinerator requirements in the event
                                             the cooling section on a particular line                B. What are the air quality impacts?                  the final formaldehyde and methanol
                                             uses incineration as a means of control.                  Based on the test data received in                  emission limits and monitoring and
                                             The commenter indicated that the rule                   response to the 2015 ICR, the three                   recordkeeping requirements associated
                                             text revision was acceptable, but the                   facilities with bonded RS lines currently             with the phenol work practice standard.
                                             preamble language was contradictory.                    meet the final emission limits for                    We estimate that the total annual cost of
                                                We have finalized 40 CFR                             formaldehyde and methanol.                            this final action is approximately
                                             63.1382(c)(g) as proposed, but have                     Furthermore, based on available                       $13,131/year (2016 dollars). The
                                             provided clarification in this preamble                 information, we expect the two facilities             economic impacts associated with the
                                             to indicate that the incinerator operating              with bonded FA lines will be able to                  costs of this final action are quite low;
                                             limit applies to the total emissions from               meet the emission limits for                          each affected firm is estimated to
                                             the production line, and does not apply                 formaldehyde, methanol and phenol                     experience an impact of less than 0.01
                                             to individual incinerators used for each                without additional controls. Therefore,               percent of their revenues.
                                             of the processes within the production                  the emission limits for formaldehyde,                 E. What are the benefits?
                                             line.                                                   methanol and phenol will likley not
                                                As noted in section IV.C.2 of this                   result in further HAP emissions                          Based on the data collected under Part
                                             preamble, one commenter noted that the                  reductions. Also, we do not anticipate                2 of the ICR, the actual formaldehyde
                                             proposed rule requires owners or                        secondary environmental impacts from                  emissions from all bonded RS lines are
                                             operators to record the free-phenol                     the final amendments to the Wool                      lower than the level allowed under the
                                             content of binder, but did not specify                  Fiberglass Manufacturing NESHAP                       1999 NESHAP. Although the final
                                             the method for determining free-phenol                  because we expect that owners or                      standards for formaldehyde from RS
                                             content of the binders. Based on                        operators will not need to install                    lines do not achieve further emissions
                                             discussions with the commenter, the                                                                           reductions, the final emission limits for
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                                                                                                     additional control devices to meet any
                                             industry does not have a method for                     of the standards.                                     methanol and the work practice
                                             assessing this parameter in binder                                                                            standards for phenol ensure that the
                                             formulations. We have, therefore,                       C. What are the cost impacts?                         emissions reductions that have been
                                             revised 40 CFR 63.1384(a)(9) to require                   Because the existing facilities will not            achieved since the 1999 NESHAP will
                                             facilities to record and maintain records               need to install add-on control devices or             persist into the future and that
                                             of the free-phenol content of the resin                 implement process modifications to                    emissions will not increase.


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                             60883

                                             F. What analysis of environmental                       E. Unfunded Mandates Reform Act                       (NSSN) Database managed by the
                                             justice did we conduct?                                 (UMRA)                                                American National Standards Institute
                                                                                                       This action does not contain an                     (ANSI). We also contacted voluntary
                                               This action does not have                                                                                   consensus standards (VCS)
                                             disproportionately high and adverse                     unfunded mandate of $100 million or
                                                                                                     more as described in UMRA, 2 U.S.C.                   organizations and accessed and
                                             human health or environmental effects                                                                         searched their databases.
                                             on minority populations, low-income                     1531–1538, and does not significantly or
                                                                                                     uniquely affect small governments. The                  As discussed in the November 2014
                                             populations, and/or indigenous peoples,                                                                       supplemental proposal (79 FR 68029),
                                                                                                     action imposes no enforceable duty on
                                             as specified in Executive Order 12898                                                                         under 40 CFR part 63, subpart NNN, we
                                                                                                     any state, local, or tribal governments or
                                             (59 FR 7629, February 16, 1994), and it                                                                       conducted searches for EPA Methods 5,
                                                                                                     the private sector.
                                             does not establish an environmental                                                                           318, 320, 29, and 0061 of 40 CFR part
                                             health or safety standard.                              F. Executive Order 13132: Federalism                  60, Appendix A. These searches did not
                                             G. What analysis of children’s                            This action does not have federalism                identify any VCS that were potentially
                                             environmental health did we conduct?                    implications. It will not have substantial            applicable for this rule in lieu of EPA
                                                                                                     direct effects on the states, on the                  reference methods.
                                                This final action is not subject to                  relationship between the national                     K. Executive Order 12898: Federal
                                             Executive Order 13045 because it does                   government and the states, or on the                  Actions To Address Environmental
                                             not concern an environmental health                     distribution of power and                             Justice in Minority Populations and
                                             risk or safety risk.                                    responsibilities among the various                    Low-Income Populations
                                                                                                     levels of government.
                                             VI. Statutory and Executive Order                                                                                The EPA believes that this action does
                                             Reviews                                                 G. Executive Order 13175: Consultation                not have disproportionately high and
                                                                                                     and Coordination With Indian Tribal                   adverse human health or environmental
                                               Additional information about these                    Governments                                           effects on minority populations, low-
                                             statutes and Executive Orders can be
                                                                                                       This action does not have tribal                    income populations, and/or indigenous
                                             found at http://www2.epa.gov/laws-
                                                                                                     implications, as specified in Executive               peoples, as specified in Executive Order
                                             regulations/laws-and-executive-orders.
                                                                                                     Order 13175. This action readopts the                 12898 (59 FR 7629, February 16, 1994).
                                             A. Executive Orders 12866: Regulatory                   existing emission limit for                           It does not establish an environmental
                                             Planning and Review and Executive                       formaldehyde and establishes new                      health or safety standard.
                                             Order 13563: Improving Regulation and                   emission limits for methanol and a work               L. Congressional Review Act (CRA)
                                             Regulatory Review                                       practice standard for phenol emissions
                                                                                                     for RS lines. This action also includes                  This action is subject to the CRA, and
                                               This action is not a significant                      revisions to the standards for FA lines.              the EPA will submit a rule report to
                                             regulatory action and was, therefore, not               Thus, Executive Order 13175 does not                  each House of the Congress and to the
                                             submitted to the Office of Management                   apply to this action.                                 Comptroller General of the United
                                             and Budget (OMB) for review.                                                                                  States. This action is not a ‘‘major rule’’
                                                                                                     H. Executive Order 13045: Protection of               as defined by 5 U.S.C. 804(2).
                                             B. Executive Order 13771: Reducing                      Children From Environmental Health
                                             Regulations and Controlling Regulatory                  Risks and Safety Risks                                List of Subjects in 40 CFR Part 63
                                             Costs                                                                                                            Environmental protection,
                                                                                                       The EPA interprets Executive Order
                                               This action is not an Executive Order                 13045 as applying only to those                       Administrative practice and procedures,
                                             13771 regulatory action because this                    regulatory actions that concern                       Air pollution control, Hazardous
                                             action is not significant under Executive               environmental health or safety risks that             substances, Reporting and
                                             Order 12866.                                            the EPA has reason to believe may                     recordkeeping requirements, Wool
                                                                                                     disproportionately affect children, per               fiberglass manufacturing.
                                             C. Paperwork Reduction Act (PRA)                        the definition of ‘‘covered regulatory                  Dated: December 15, 2017.
                                               This action does not impose any new                   action’’ in section 2–202 of the                      E. Scott Pruitt,
                                             information collection burden under the                 Executive Order. This action is not                   Administrator.
                                             PRA. OMB has previously approved the                    subject to Executive Order 13045                        For the reasons stated in the
                                             information collection activities                       because it does not concern an                        preamble, the EPA is amending title 40,
                                             contained in the existing regulations                   environmental health risk or safety risk.             chapter I, part 63 of the Code of the
                                             and has assigned OMB control number                     I. Executive Order 13211: Actions                     Federal Regulations as follows:
                                             1160.10. This action does not change                    Concerning Regulations That
                                             the information collection requirements.                Significantly Affect Energy Supply,                   PART 63—NATIONAL EMISSION
                                                                                                     Distribution, or Use                                  STANDARDS FOR HAZARDOUS AIR
                                             D. Regulatory Flexibility Act (RFA)                                                                           POLLUTANTS FOR SOURCE
                                                                                                        This action is not subject to Executive            CATEGORIES
                                                I certify that this action will not have             Order 13211 because it is not a
                                             a significant economic impact on a                      significant regulatory action under                   ■ 1. The authority citation for part 63
                                             substantial number of small entities                    Executive Order 12866.                                continues to read as follows:
                                             under the RFA. This action will not
                                                                                                     J. National Technology Transfer and                       Authority: 42 U.S.C. 7401 et seq.
                                             impose any requirements on small
                                             entities. None of the five entities                     Advancement Act (NTTAA)
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                                                                                                                                                           Subpart NNN—National Emission
                                             affected by this action are small entities,                This action involves technical                     Standards for Hazardous Air Pollutants
                                             using the Small Business                                standards. Therefore, the EPA                         for Wool Fiberglass Manufacturing
                                             Administration definition of small                      conducted searches for the Wool
                                             business for the affected NAICS code                    Fiberglass Manufacturing Area Source                  ■ 2. Section 63.1381 is amended by
                                             (327993), which is 1,500 employees for                  NESHAP through the Enhanced                           adding the definitions, in alphabetical
                                             the ultimate parent company.                            National Standards Systems Network                    order, for ‘‘Aerospace and air filtration


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                                             60884            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             products’’; ‘‘Heating, ventilation, and air             with the emission limits for rotary spin              continuously monitor and record the
                                             conditioning (HVAC) products’’; and                     or flame attenuation lines specified in               feed rate of any chemical(s) added to the
                                             ‘‘Original equipment manufacturer                       Table 2 to this subpart such that any 3-              scrubbing liquid.
                                             (OEM) products’’ and revising the                       hour block average temperature in the                    (i)(1) The owner or operator who uses
                                             definition of ‘‘Pipe product’’ to read as               firebox does not fall below the average               process modifications to comply with
                                             follows:                                                established during the performance test               the emission limits for rotary spin or
                                                                                                     as specified in § 63.1384.                            flame attenuation lines specified in
                                             § 63.1381   Definitions.                                                                                      Table 2 to this subpart must establish a
                                                                                                     *      *     *     *    *
                                             *      *     *      *    *                                 (8)(i) The owner or operator must                  correlation between formaldehyde,
                                                Aerospace and air filtration products                initiate corrective action within 1 hour              methanol, and phenol emissions, as
                                             means bonded wool fiberglass                            when the monitored process parameter                  appropriate, and the process
                                             insulation manufactured for the thermal                 level(s) is outside the limit(s)                      parameter(s) to be monitored.
                                             and acoustical insulation of aircraft and/              established during the performance test               *      *     *      *     *
                                             or the air filtration markets. For the                  as specified in § 63.1384 for the process                (j) The owner or operator must
                                             purposes of this subpart, a production                  modification(s) used to comply with the               monitor and record the free-
                                             line that manufactures these types of                   emission limits for rotary spin or flame              formaldehyde and free-phenol content
                                             products for 75 percent or more of the
                                                                                                     attenuation lines specified in Table 2 to             of each resin shipment received and of
                                             line’s annual operating hours is
                                                                                                     this subpart, and complete corrective                 each resin used in the formulation of
                                             considered to be an aerospace and air
                                                                                                     actions in a timely manner according to               binder.
                                             filtration products line.
                                                                                                     the procedures in the operations,                     *      *     *      *     *
                                             *      *     *      *    *                              maintenance, and monitoring plan.
                                                Heating, ventilation, and air                                                                              ■ 5. Section 63.1384 is amended by
                                             conditioning (HVAC) products means                      *      *     *     *    *                             revising paragraphs (a) introductory
                                                                                                        (9) The owner or operator must use a               text, (a)(3), (a)(9), and (c) introductory
                                             bonded wool fiberglass insulation
                                                                                                     resin in the formulation of binder such               text to read as follows:
                                             manufactured for use in HVAC systems
                                                                                                     that the free-formaldehyde and free-
                                             for the distribution of air or for thermal                                                                    § 63.1384   Performance test requirements.
                                                                                                     phenol contents of the resin used do not
                                             and acoustical insulation of HVAC
                                                                                                     exceed the respective ranges contained                   (a) The owner or operator subject to
                                             distribution lines. For the purposes of
                                                                                                     in the specification for the resin used               the provisions of this subpart shall
                                             this subpart, a production line that
                                                                                                     during the performance test as specified              conduct a performance test to
                                             manufactures these types of products for
                                                                                                     in § 63.1384.                                         demonstrate compliance with the
                                             75 percent or more of the line’s annual
                                             operating hours is considered to be an                  *      *     *     *    *                             applicable emission limits in § 63.1382.
                                             HVAC products line.                                     ■ 4. Section 63.1383 is amended by                    Compliance is demonstrated when the
                                                                                                     revising paragraphs (g)(1), (h), (i)(1), and          emission rate of the pollutant is equal to
                                             *      *     *      *    *                                                                                    or less than each of the applicable
                                                Original equipment manufacturer                      (j) to read as follows:
                                                                                                                                                           emission limits in § 63.1382. The owner
                                             (OEM) products means bonded wool                        § 63.1383    Monitoring requirements.                 or operator shall conduct the
                                             fiberglass insulation manufactured for
                                                                                                     *      *     *     *    *                             performance test according to the
                                             OEM entities that fabricate the
                                                                                                        (g)(1) The owner or operator who uses              procedures in 40 CFR part 63, subpart
                                             insulation into parts used as thermal or
                                                                                                     an incinerator to comply with the                     A and in this section. If the owner or
                                             acoustical insulation in products
                                                                                                     emission limits for rotary spin or flame              operator conducted an emissions test in
                                             including, but not limited to,
                                                                                                     attenuation lines specified in Table 2 to             2016 according to the procedures
                                             appliances, refrigeration units, and
                                                                                                     this subpart must install, calibrate,                 specified in § 63.1384(a)(9) and
                                             office interior equipment. For the
                                                                                                     maintain, and operate a monitoring                    § 63.1385 in response to the EPA’s
                                             purposes of this subpart, a production
                                             line that manufactures these types of                   device that continuously measures and                 Information Collection Request, the
                                             products for 75 percent or more of the                  records the operating temperature in the              owner or operator can use the results of
                                             line’s annual operating hours is                        firebox of each incinerator.                          the emissions test to demonstrate initial
                                             considered to be an OEM products line.                  *      *     *     *    *                             compliance with the emission limits for
                                                Pipe product means bonded wool                          (h) The owner or operator who uses                 rotary spin lines specified in Table 2 to
                                             fiberglass insulation manufactured on a                 a wet scrubbing control device to                     this subpart.
                                             flame attenuation manufacturing line                    comply with the emission limits for                   *      *     *     *    *
                                             and having a loss on ignition of 8 to 14                rotary spin or flame attenuation lines                   (3) During each performance test, the
                                             percent and a density of 48 to 96 kg/m3                 specified in Table 2 to this subpart must             owner or operator must monitor and
                                             (3 to 6 lb/ft3). For the purposes of this               install, calibrate, maintain, and operate             record the glass pull rate for each glass-
                                             subpart, a production line that                         monitoring devices that continuously                  melting furnace and, if different, the
                                             manufactures these types of products for                monitor and record the gas pressure                   glass pull rate for each rotary spin
                                             75 percent or more of the line’s annual                 drop across each scrubber and the                     manufacturing line and flame
                                             operating hours is considered to be a                   scrubbing liquid flow rate to each                    attenuation manufacturing line. Record
                                             pipe product line.                                      scrubber according to the procedures in               the glass pull rate every 15 minutes
                                             *      *     *      *    *                              the operations, maintenance, and                      during any performance test required by
                                             ■ 3. Section 63.1382 is amended by
                                                                                                     monitoring plan. The pressure drop                    this subpart and determine the
                                             revising paragraphs (c)(6), (c)(8)(i), and              monitor must be certified by its                      arithmetic average of the recorded
                                                                                                     manufacturer to be accurate within ±250               measurements for each test run and
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                                             (c)(9) to read as follows:
                                                                                                     pascals (±1 inch water gauge) over its                calculate the average of the three test
                                             § 63.1382   Emission standards.                         operating range, and the flow rate                    runs. If a rotary spin or flame
                                             *     *    *    *     *                                 monitor must be certified by its                      attenuation line shares one or more
                                               (c) * * *                                             manufacturer to be accurate within ±5                 emissions points with another rotary
                                               (6) The owner or operator must                        percent over its operating range. The                 spin or flame attenuation line(s), owners
                                             operate each incinerator used to comply                 owner or operator must also                           or operators can conduct the


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                                  60885

                                             performance test while each of the                          (c) To determine compliance with the                § 63.1386 Notification, recordkeeping, and
                                             process lines with the shared emissions                  emission limits specified in Table 2 to                reporting requirements
                                             point(s) is operating as specified in                    this subpart, for formaldehyde and                     *      *    *     *     *
                                             paragraph (a)(8) of this section, rather                 methanol for rotary spin manufacturing                    (d) * * *
                                             than testing each of the shared lines                    lines; formaldehyde, phenol, and                          (2) * * *
                                             separately. In these cases, owners or                    methanol for flame attenuation                            (v) The formulation of each binder
                                             operators must use the combined glass                    manufacturing lines; and chromium                      batch and the LOI and density for each
                                             pull rate for the process lines with the                 compounds for gas-fired glass-melting                  product manufactured on a rotary spin
                                             shared emissions point(s) to                             furnaces, use the following equation:                  manufacturing line or flame attenuation
                                             demonstrate compliance with the                                                                                 manufacturing line subject to the
                                             emission limits specified in Table 2 to                  *      *    *     *    *
                                                                                                                                                             provisions of this subpart, and the free-
                                             this subpart.                                            ■ 6. Section 63.1385 is amended by                     formaldehyde and free-phenol contents
                                             *      *    *     *     *                                revising paragraph (a)(8) to read as                   of each resin shipment received and of
                                                (9) The owner or operator of each                     follows:                                               each resin used in the binder
                                             rotary spin manufacturing line and                                                                              formulation;
                                             flame attenuation manufacturing line                     § 63.1385    Test methods and procedures
                                                                                                                                                             *      *    *     *     *
                                             regulated by this subpart must conduct                     (a) * * *
                                             performance tests using the resin with                                                                          ■ 8. Table 2 to subpart NNN of part 63
                                             the highest free-formaldehyde content.                     (8) Method contained in appendix B                   is amended by:
                                             During the performance test of each                      of this subpart for the determination of               ■ a. Revising entries 7 and 8;
                                             rotary spin manufacturing line and                       the free-formaldehyde content of resin.                ■ b. Redesignating entries 9 through 13
                                             flame attenuation manufacturing line                     The owner or operator shall use vendor                 as entries 11 through 15;
                                             regulated by this subpart, the owner or                  specifications to determine the free-                  ■ c. Adding new entries 9 and 10;
                                             operator shall monitor and record the                    phenol content of resin.                               ■ d. Revising newly redesignated entries
                                             free-formaldehyde and free-phenol                        *     *     *     *     *                              11 through 15;
                                             contents of the resin, the binder                                                                               ■ e. Adding entries 16 through 19; and
                                             formulation used, and the product LOI                    ■ 7. Section 63.1386 is amended by                     ■ f. Adding footnote 5.
                                             and density.                                             revising paragraph (d)(2)(v) to read as                   The revisions and additions read as
                                             *      *    *     *     *                                follows:                                               follows:
                                                                      TABLE 2 TO SUBPART NNN OF PART 63—EMISSION LIMITS AND COMPLIANCE DATES
                                                                                                  And you commenced                                                                    And you must comply
                                             If your source is a:                                                                     Your emission limits are: 1
                                                                                                  construction:                                                                        by: 2


                                                      *                    *                            *                     *                        *                       *                   *
                                             7. Rotary spin manufacturing line ...............    On or before March 31,              1.2 lb formaldehyde per ton of           glass   June 14, 2002.
                                                                                                    1997.                               pulled 5.
                                             8. Rotary spin manufacturing line ...............    After March 31, 1997 ..........     0.8 lb formaldehyde per ton of           glass   June 14, 1999.
                                                                                                                                        pulled 5.
                                             9. Rotary spin manufacturing line ...............    On or before November 25,           1.2 lb formaldehyde per ton of           glass   December 26, 2020.
                                                                                                   2011.                                pulled 1.1 lb methanol per ton of      glass
                                                                                                                                        pulled.
                                             10. Rotary spin manufacturing line .............     After November 25, 2011 ...         0.8 lb formaldehyde per ton of           glass   December 26, 2017.4
                                                                                                                                        pulled 0.65 lb methanol per ton of     glass
                                                                                                                                        pulled.
                                             11. Flame-attenuation line manufacturing a           After March 31, 1997, but           7.8 lb formaldehyde per ton of           glass   June 14, 1999.
                                               heavy-density product.                               on or before November               pulled 5.
                                                                                                    25, 2011.
                                             12. Flame-attenuation line manufacturing a           On or before March 31,              6.8 lb formaldehyde per ton of glass             June 14, 2002.
                                               pipe product.                                        1997.                               pulled 5.
                                             13. Flame-attenuation line manufacturing a           After March 31, 1997, but           6.8 lb formaldehyde per ton of glass             June 14, 1999.
                                               pipe product.                                        before November 25,                 pulled 5.
                                                                                                    2011.
                                             14. Flame-attenuation line manufacturing             On or before November 25,           27 lb formaldehyde per ton of glass pulled       December 26, 2020.
                                               an aerospace, air filtration, or pipe prod-          2011.                               8.9 lb methanol per ton of glass pulled.
                                               uct.
                                             15. Flame-attenuation line manufacturing             After November 25, 2011 ...         18.0 lb formaldehyde per ton of          glass   December 26, 2017.4
                                               an aerospace, air filtration, or pipe prod-                                              pulled 4.0 lb methanol per ton of      glass
                                               uct.                                                                                     pulled.
                                             16. Flame-attenuation line manufacturing             On or before November 25,           2.8 lb formaldehyde per ton of           glass   December 26, 2020.
                                               an HVAC product.                                    2011.                                pulled 7.3 lb methanol per ton of      glass
                                                                                                                                        pulled 0.4 lb phenol per ton of        glass
ethrower on DSK3G9T082PROD with RULES




                                                                                                                                        pulled.
                                             17. Flame-attenuation line manufacturing             After November 25, 2011 ...         2.4 lb formaldehyde per ton of           glass   December 26, 2017.4
                                               an HVAC product.                                                                         pulled 1.5 lb methanol per ton of      glass
                                                                                                                                        pulled 0.4 lb phenol per ton of        glass
                                                                                                                                        pulled.




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                                             60886                Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                                                  TABLE 2 TO SUBPART NNN OF PART 63—EMISSION LIMITS AND COMPLIANCE DATES—Continued
                                                                                                                 And you commenced                                                                                                  And you must comply
                                             If your source is a:                                                                                               Your emission limits are: 1
                                                                                                                 construction:                                                                                                      by: 2

                                             18. Flame-attenuation line manufacturing                            On or before November 25,                      5.0 lb formaldehyde per ton of                           glass      December 26, 2020.
                                               an OEM product.                                                    2011.                                           pulled 5.7 lb methanol per ton of                      glass
                                                                                                                                                                  pulled 31 lb phenol per ton of                         glass
                                                                                                                                                                  pulled.
                                             19. Flame-attenuation line manufacturing                            After November 25, 2011 ...                    2.9 lb formaldehyde per ton of                           glass      December 26, 2017.4
                                               an OEM product.                                                                                                    pulled 1.1 lb methanol per ton of                      glass
                                                                                                                                                                  pulled 22 lb phenol per ton of                         glass
                                                                                                                                                                  pulled.
                                                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 applica-
                                             ble compliance date to demonstrate compliance.
                                                        *                    *                    *               *                      *                   *                   *
                                               4 Or initial startup, whichever is later.
                                               5 This limit does not apply after December 26, 2020.




                                             [FR Doc. 2017–27797 Filed 12–22–17; 8:45 am]                              amendments to the regulations to allow                                     Transportation and Air Quality,
                                             BILLING CODE 6560–50–P                                                    the gasoline RVP standard for these 11                                     Environmental Protection Agency, 2000
                                                                                                                       parishes to rise from 7.8 pounds per                                       Traverwood Drive, Ann Arbor,
                                                                                                                       square inch (psi) to 9.0 psi. EPA has                                      Michigan 48105; telephone number:
                                             ENVIRONMENTAL PROTECTION                                                  determined that this change to the                                         (734) 214–4823; fax number: (734) 214–
                                             AGENCY                                                                    Federal gasoline RVP volatility                                            4052; email address: sosnowski.dave@
                                                                                                                       regulation is consistent with the                                          epa.gov. You may also contact Rudolph
                                             40 CFR Part 80                                                            applicable provisions of the Clean Air                                     Kapichak at the same address; telephone
                                             [EPA–HQ–OAR–2016–0683; FRL–9971–92–                                       Act (CAA). LDEQ has also requested                                         number: (734) 214–4574; fax number:
                                             OAR]                                                                      that EPA relax gasoline volatility                                         (734) 214–4052; email address:
                                                                                                                       requirements for the 5-parish Baton                                        kapichak.rudolph@epa.gov.
                                             RIN 2060–AT61                                                             Rouge area, and EPA will address that
                                                                                                                       request in a separate rulemaking in the                                    SUPPLEMENTARY INFORMATION:    The
                                             Approval of Louisiana’s Request To                                        future.                                                                    contents of this preamble are listed in
                                             Relax the Federal Reid Vapor Pressure                                                                                                                the following outline:
                                                                                                                       DATES: This final rule is effective on
                                             (RVP) Gasoline Volatility Standard for                                                                                                               I. General Information
                                                                                                                       January 25, 2018.
                                             Several Parishes                                                                                                                                     II. Action Being Taken
                                                                                                                       ADDRESSES: EPA has established a
                                                                                                                                                                                                  III. History of the Gasoline Volatility
                                             AGENCY:  Environmental Protection                                         docket for this action under Docket ID                                           Requirement
                                             Agency (EPA).                                                             No. EPA–HQ–OAR–2016–0683. All                                              IV. EPA’s Policy Regarding Relaxation of
                                             ACTION: Final rule.                                                       documents in the docket are listed on                                            Gasoline Volatility Standards in Ozone
                                                                                                                       the https://www.regulations.gov/                                                 Nonattainment Areas That Are
                                             SUMMARY:  The Environmental Protection                                    website. Although listed in the index,                                           Redesignated as Attainment Areas
                                             Agency (EPA) is taking final action to                                    some information may not be publicly                                       V. Louisiana’s Request to Relax the Federal
                                             approve an April 10, 2017 request from                                    available, e.g., Confidential Business                                           Gasoline RVP Requirement for Several
                                             the Louisiana Department of                                               Information (CBI) or other information                                           Parishes
                                             Environmental Quality (LDEQ) to relax                                     whose disclosure is restricted by statute.                                 VI. Response to Comments
                                                                                                                                                                                                  VII. Final Action
                                             the Federal Reid Vapor Pressure (RVP)                                     Certain other material, such as
                                                                                                                                                                                                  VIII. Statutory and Executive Order Reviews
                                             standard applicable to gasoline                                           copyrighted material, is not placed on                                     IX. Legal Authority and Statutory Provisions
                                             introduced into commerce from June 1                                      the internet and will be publicly
                                             to September 15 of each year for the                                      available only in hard copy form.                                          I. General Information
                                             following parishes: Beauregard,                                           Publicly available docket materials are                                    A. Does this action apply to me?
                                             Calcasieu, Jefferson, Lafayette,                                          available electronically through https://
                                             Lafourche, Orleans, Pointe Coupee, St.                                    www.regulations.gov/.                                                        Entities potentially affected by this
                                             Bernard, St. Charles, St. James, and St.                                  FOR FURTHER INFORMATION CONTACT:                                           rule are fuel producers and distributors
                                             Mary. Specifically, EPA is approving                                      Dave Sosnowski, Office of                                                  who do business in Louisiana.

                                                                                                           Examples of potentially regulated entities                                                                                       NAICS 1 Codes

                                             Petroleum refineries .......................................................................................................................................................................   324110, 424710
                                             Gasoline Marketers and Distributors .............................................................................................................................................                      424720
                                             Gasoline Retail Stations ................................................................................................................................................................              447110
                                             Gasoline Transporters ...................................................................................................................................................................      484220, 484230
                                                1 North    American Industry Classification System.
ethrower on DSK3G9T082PROD with RULES




                                                The above table is not intended to be                                  the types of entities of which EPA is                                      determine whether your organization
                                             exhaustive, but rather provides a guide                                   aware that could be affected by this rule.                                 may be affected by this rule, you should
                                             for readers regarding entities likely to be                               Other types of entities not listed on the                                  carefully examine the regulations in 40
                                             affected by this action. The table lists                                  table could also be affected. To                                           CFR 80.27. If you have questions



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Document Created: 2017-12-23 03:07:37
Document Modified: 2017-12-23 03:07:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on December 26, 2017.
ContactFor questions about this final action, 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) 541-4991; and email
FR Citation82 FR 60873 
RIN Number2060-AT13
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedures; Air Pollution Control; Hazardous Substances; Reporting and Recordkeeping Requirements and Wool Fiberglass Manufacturing

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