National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: April 14, 2003 (Volume 68, Number 71)]
[Rules and Regulations]
[Page 18061-18080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap03-10]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0080; FRL-7461-1]
RIN 2060-AH42

National Emission Standards for Hazardous Air Pollutants:
Flexible Polyurethane Foam Fabrication Operations

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing sources at
flexible polyurethane foam fabrication facilities. The EPA has
identified flexible polyurethane foam fabrication facilities as major
sources of hazardous air pollutants (HAP) emissions. These standards
will implement section 112(d) of the Clean Air Act (CAA) by requiring
all such major sources to meet HAP emission standards that reflect the
application of maximum achievable control technology (MACT). The
primary HAP that will be controlled with this action include
hydrochloric acid (HCl), 2,4-toluene diisocyanate (TDI), and hydrogen
cyanide (HCN). This action will also preclude the use of methylene
chloride. Exposure to these substances has been demonstrated to cause
adverse health effects such as irritation of the lung, eye, and mucous
membranes, effects on the central nervous system, and cancer. We do not
have the type of current detailed data on each of the facilities and
the people living around the facilities covered by today's final rule
for this source category that would be necessary to conduct an analysis
to determine the actual population exposures to the HAP emitted from
these facilities and the potential for resultant health effects.
Therefore, we do not know the extent to which the adverse health
effects described above occur in the populations surrounding these
facilities. However, to the extent the adverse effects do occur, and
today's final rule reduces emissions, subsequent exposures will be
reduced. This final rule will reduce HAP emissions by 6.5 tons per year
(tpy) from each new or reconstructed affected source performing flame
lamination.

EFFECTIVE DATE: April 14, 2003.

ADDRESSES: Docket. We have established an official public docket for
this action under Docket ID No. OAR-2002-0080 or A-2000-43; available
for public viewing at the Office of Air and Radiation Docket and
Information Center (Air Docket) in the EPA Docket Center, (EPA/DC) EPA
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: For information concerning
applicability and rule determinations, contact your State or local
regulatory agency representative or the appropriate EPA Regional Office
representative. For information concerning analyses performed in
developing this rule, contact Ms. Maria Noell, Organic Chemicals Group,
Emission Standards Division (C504-04), U.S. EPA, Research Triangle
Park, North Carolina, 27711; telephone number (919) 541-5607; fax
number (919) 541-0942; electronic mail address: noell.maria@epa.gov.

SUPPLEMENTARY INFORMATION:
Docket. The official public docket consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public docket does not include Confidential
Business Information or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the Air Docket is
(202) 566-1742.
Electronic Docket Access. You may access the final rule
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility in the above paragraph
entitled ``Docket.'' Once in the system, select ``search,'' then key in
the appropriate docket identification number.
Judicial Review. Under CAA section 307(b), judicial review of the
final NESHAP is available only by filing a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit on or before
June 13, 2003. Only those objections to the NESHAP which were raised
with reasonable specificity during the period for public comment may be
raised during judicial review. Under section 307(b)(2)of the CAA, the
requirements established by today's final action may not be challenged
separately in any civil or criminal proceeding we bring to enforce
these requirements.
Regulated Entities. Categories and entities potentially regulated
by this action include:

-----------------------------------------------------------------------
Category SIC \a\ NAICS \b\ Regulated entities
-----------------------------------------------------------------------
Industry......... 3086 32615 Fabricators of flexible
polyurethane foam.
-----------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Information Classification System

This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in Sec. 63.8782 of the
rule. If you have questions regarding the applicability of this action
to a particular entity, consult your State or local agency (or EPA
Regional Office) described in the preceding FOR FURTHER INFORMATION
CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule will also be available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the rule will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg.
Outline. The information in this preamble is organized as follows:

I. Introduction and Background

[[Page 18063]]

A. What is the source of authority for development of NESHAP?
B. What criteria are used in the development of NESHAP?
C. How did the public participate in developing the rule?
D. Description of Source Category
II. Summary of Changes Since Proposal
III. Summary of the Final Rule
A. What are the affected sources?
B. What are the emissions limitations and compliance dates?
C. What are the testing, initial compliance, and continuous
compliance requirements?
D. What are the notification, recordkeeping, and reporting
requirements?
IV. Summary of Major Comments and Responses
A. What sources are subject to the rule?
B. What issues were raised regarding adhesive-use sources?
C. What issues were raised regarding flame lamination sources?
V. What are the environmental, cost, and economic impacts of the
final rule?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866--Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132--Federalism
F. Executive Order 13175--Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045--Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act of 1995
J. Congressional Review Act

I. Introduction and Background

A. What Is the Source of Authority for Development of NESHAP?

Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The category
of major sources covered by today's final rule was listed on July 16,
1992 (57 FR 31576). Major source under section 112 means any stationary
source or group of stationary sources located within a contiguous area
and under common control that emits or has the potential to emit,
considering controls, 10 tpy or more of any one HAP or 25 tpy or more
of any combination of HAP.

B. What Criteria Are Used in the Development of NESHAP?

Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the MACT.
The minimum control level allowed for NESHAP, which we refer to as
the ``MACT floor,'' is defined under section 112(d)(3) of the CAA. In
essence, the MACT floor ensures that standards are set at a level that
assures that all major sources achieve the level of control at least as
stringent as that already achieved by the better-controlled and lower-
emitting sources in each source category or subcategory. For new
sources, the MACT floor cannot be less stringent than the emission
control that is achieved in practice by the best-controlled similar
source. The MACT standards for existing sources can be less stringent
than standards 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, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on consideration of the cost of achieving the
emission reductions, any non-air quality health and environmental
impacts, and energy requirements.

C. How Did the Public Participate in Developing the Rule?

Prior to proposal, we met with industry representatives and State
regulatory authorities several times to discuss the data and
information used to develop the proposed standards. In addition, these
and other potential stakeholders, including equipment vendors and
environmental groups, had opportunity to comment on the proposed
standards.
The proposed rule was published in the Federal Register on August
8, 2001 (66 FR 41718). The preamble to the proposed rule discussed the
availability of technical support documents, which described in detail
the information gathered during the standards development process.
Public comments were solicited at proposal, including a specific
request for comments with regard to the potential existence of non-
slitter adhesive use by major sources.
We received eight public comment letters on the proposed rule. The
commenters represent the following affiliations: foam fabricators (2
companies), industrial trade associations (5), and one private research
group. In the post-proposal period, we talked with commenters and other
stakeholders to clarify comments and to assist in our analysis of the
comments. Records of these contacts are found in Docket OAR-2000-0080
or Docket A-2000-43. All of the comments have been carefully
considered, and, where appropriate, changes have been made for the
final rule.

D. Description of Source Category

Today's NESHAP apply to the Flexible Polyurethane Foam Fabrication
Operations source category. This source category includes operations
engaged in cutting, gluing, and/or laminating pieces of flexible
polyurethane foam. This includes fabrication operations that are
located at foam production plants, as well as those that are located
off-site from foam production plants.
We have identified two subcategories under the Flexible
Polyurethane Foam Fabrication Operations source category. These
subcategories are loop slitter HAP-based adhesive use and flame
lamination.
Loop Slitter Adhesive Use: A loop slitter is a large machine used
to create thin sheets of foam from the large blocks of foam or ``buns''
created at a foam production plant. In order to comply with
Occupational Health and Safety Administration (OSHA) regulations, loop
slitters have converted from a reliance on methylene chloride-based
adhesives to other non-HAP alternatives since the mid-1990's. As a
result of the OSHA regulations, we believe that the foam fabrication
industry has effectively discontinued the use of methylene chloride-
based adhesives on loop slitters. Consequently, our estimate of current
nationwide HAP emissions from loop slitter adhesive use prior to the
development of the NESHAP (referred to as ``baseline emissions'') is
zero.
Flame Lamination: In the flame lamination process, foam is scorched
to adhere it to various substrates. This process releases particulates
and HAP. We have identified HCN, TDI, and HCl as HAP emitted as a
result of flame lamination. Specific HAP released are dependent on the
contents of the foam being laminated at a given time. With the
exception of HCl, these HAP are generally released in very small
amounts.

II. Summary of Changes Since Proposal

In response to comments received on the proposed NESHAP and further
analysis, we made two significant changes for the final rule, and a
small number of other changes for editorial purposes and clarification.

[[Page 18064]]

The proposed rule included an emission limit for loop slitters of
zero HAP emissions. Information subsequently supplied by commenters and
industry contacts demonstrated that the widely used n-propyl bromide
adhesives originally believed to be non-HAP actually contain small
amounts of HAP.
In accordance with the definition of ``HAP-based'' in the Flexible
Polyurethane Foam Production NESHAP (40 CFR part 63, subpart III), we
have changed the definition of ``HAP-based adhesive'' to contain 5
percent (by weight) or more of HAP. We also changed the emission limit
accordingly.
At post proposal, it came to our attention that the test methods
specified for measurement of HCN emissions from process, storage tank,
and transfer vents (EPA Methods 18, 25, and 25A) have not been
validated for measurement of HCN. Test methods that have been used for
measurement of HCN include the EPA Conditional Test Method CTM-033
``Draft Method for Sampling and Analysis of Hydrogen Cyanide Emissions
for Stationary Sources'' and California Air Resources Board Method 426
(http://www.epa.gov/ttn/emc/ctm.html) modified to use ion
chromatography for sample analysis. However, neither of these methods
have been fully validated at this time. Consequently, the final rule
has been written to require that the data from any test method used to
measure HCN emissions from flame lamination sources must be validated
using EPA Method 301.
Another change made for the final rule was the addition of a
definition for ``research and development process'' to clarify the
provision in Sec. 63.8782(d)(2) that such processes are not subject to
the rule, and a change to Sec. 63.8786(e) so that collection of
compliance data prior to the compliance date is no longer required.
We proposed to exclude non-slitters from the source category based
on our findings that there were no non-slitters using HAP-based
adhesives located on the site of a major source, and solicited comment
and supporting information regarding that issue. We received no comment
or supporting information contrary to our findings, therefore, we are
excluding the non-slitter adhesive use from the source category
definition. Additional changes were insignificant and editorial in
nature.

III. Summary of Final Rule

A. What Are the Affected Sources?

The final rule defines two affected sources (units or collections
of units to which a given standard or limit applies) corresponding to
the two subcategories, loop slitter adhesive use and flame lamination.
The loop slitter adhesive use affected source is the collection of loop
slitters and associated adhesive application equipment used to apply
HAP-based adhesives to bond foam to foam at a flexible polyurethane
foam fabrication plant site. Loop slitter affected sources, located at
plant sites that are major sources of HAP, that are using HAP-based
adhesives on or after April 14, 2003, are subject to the NESHAP,
including the applicable emission limit and reporting and recordkeeping
requirements. However, loop slitter affected sources that have
eliminated use of HAP-based adhesives by April 14, 2003, are not
subject to the NESHAP. The flame lamination affected source is the
collection of all flame laminators and associated rollers at a flexible
polyurethane foam fabrication plant site associated with the flame
lamination of foam to any substrate.

B. What Are the Emission Limitations and Compliance Dates?

If you own or operate an existing, new, or reconstructed loop
slitter adhesive use affected source, the final rule prohibits you from
using any HAP-based adhesives. We are defining HAP-based adhesives as
adhesives containing 5 percent (by weight) or greater of HAP, where the
concentration of HAP may be determined using EPA Method 311 (Analysis
of Hazardous Air Pollutant Compounds in Paints and Coatings by Direct
Injection Into a Gas Chromatograph) or other approved information.
Existing affected sources must be in compliance by April 14, 2004. New
or reconstructed sources must be in compliance by the date of startup
of the affected source, or by April 14, 2003, whichever is later.
If you own or operate an existing flame lamination affected source,
you are not required to meet any emission limitation; you are only
subject to a requirement to submit an initial notification within 120
days after April 14, 2003. If you own or operate a new or reconstructed
flame lamination affected source, the NESHAP requires that you reduce
HAP emissions from the affected source by 90 percent. Your new or
reconstructed flame lamination affected source must be in compliance
with the emission limit upon startup or by April 14, 2003, whichever is
later.

C. What Are the Testing, Initial Compliance, and Continuous Compliance
Requirements?

If you own or operate a flexible polyurethane foam fabrication loop
slitter adhesive use or flame lamination affected source, you must
comply with the testing, initial compliance, and continuous compliance
requirements in the following paragraphs.
Loop Slitter Adhesive Use
If you own or operate a loop slitter affected source, you must
demonstrate initial and continuous compliance by certifying that no
HAP-based adhesives are or will be used. You must submit this initial
certification within 60 days of the compliance date. The certification
must be accompanied by documentation stating what the facility will use
for adhesives, along with supporting information to document the HAP
content of adhesives used at the facility, such as Method 311 results
or other approved information. Thereafter, on a yearly basis, you must
recertify compliance, including HAP content information on any new
adhesives used at the source.
The final rule allows you to use methods other than Method 311,
including an approved alternative method or any other reasonable means
to determine the HAP content of adhesives. Other reasonable means
include a material safety data sheet (MSDS), a certified product data
sheet (CPDS), or a manufacturer's hazardous air pollutant data sheet.
However, if the results of an analysis by EPA Method 311 are different
from the HAP content determined by another means, the EPA Method 311
results will govern compliance determinations. You are not required to
test the materials used, but the Administrator may require a test using
EPA Method 311 (or an approved alternative method) to confirm the
reported HAP content.
Flame Lamination
If you own or operate a new or reconstructed flame lamination
affected source, the final rule requires that you demonstrate initial
compliance by conducting a performance test within 180 days after the
compliance date that demonstrates that HAP emissions are being reduced
by 90 percent. In order to demonstrate continuous compliance with this
emissions limit, you must continuously monitor control device
parameters. Specifically for venturi scrubbers, which we believe will
be the control device of choice in most situations, you are required to
continuously monitor the pH of the

[[Page 18065]]

scrubber effluent, the scrubber liquid flow rate, and the pressure drop
across the venturi. You must demonstrate continuous compliance by these
monitored parameters staying within the operating limits. Operating
limits must be established for each parameter based on monitoring
conducted during the initial performance test and reported in your
facility's Notification of Compliance Status Report.

D. What Are the Notification, Recordkeeping, and Reporting
Requirements?

If you own or operate foam fabrication operations at major sources,
you must submit several notifications and reports, which are listed and
then briefly described in this section. First, you must submit an
initial notification. In addition, if you own or operate a flexible
polyurethane loop slitter adhesive use affected source or a new or
reconstructed flame lamination affected source, you must also submit
the following notification and reports:
? Notification of Intent to Conduct a Performance Test (new
or reconstructed flame laminators only);
? Notification of Compliance Status reports;
? Periodic Compliance reports; and
? Startup, Shutdown, and Malfunction reports (new or
reconstructed flame laminators only).
For the Initial Notification, you must notify us that your facility
is subject to the Flexible Polyurethane Foam Fabrication Operations
NESHAP, and provide specified basic information about your facility.
You must submit this notification within 120 days after April 14, 2003,
for existing affected sources. If you own or operate a new or
reconstructed affected source, you are required to submit the
application for construction or reconstruction required by Sec.
63.9(b)(iii) of the 40 CFR part 63, subpart A, in lieu of the Initial
Notification.
For the Notification of Intent report, for each new or
reconstructed flame lamination affected source that you own or operate,
you must notify us in writing of the intent to conduct a performance
test at least 60 days before the performance test is scheduled to
begin. You must submit the Notification of Compliance Status report
within 60 days of completion of the performance test. As part of the
Notification of Compliance Status, you must include a certified
notification of compliance that states the compliance status of the
facility, along with supporting information (e.g., performance test
results and operating parameter values and ranges).
If you own or operate a source complying with the standards for
loop slitter adhesive use, you must submit the Notification of
Compliance Status within 60 days of the compliance date. In the
Notification of Compliance Status, you must list each adhesive used at
the affected source, the manufacturer or supplier of each, and the
individual HAP content (percent by mass) of each adhesive that is used.
If you own or operate a facility that is subject to control
requirements under these NESHAP, you must submit a Periodic Compliance
report, which reports continued compliance with the flame lamination
new source emission limit semiannually, and continued compliance with
the loop slitter adhesive use HAP-based usage limit annually.
Finally, for the Startup, Shutdown, and Malfunction report, if you
own or operate a new or reconstructed flame lamination affected source,
you must report any startup, shutdown, or malfunction during the
reporting period which does not meet the emission limitations set out
in 40 CFR 63.8790 and is not in the facility's startup, shutdown, and
malfunction plan.
If you own or operate a flame lamination or loop slitter adhesive
use source, you must maintain records of reported information and other
information necessary to document compliance (e.g., records related to
malfunction, records that show continuous compliance with emission
limits) for 5 years.

IV. Summary of Major Comments and Responses

This section includes discussion of significant comments on the
proposed rule. For a complete summary of all the comments received on
the proposed rule and our responses to them, refer to the ``Background
Information Document for Promulgation of National Emissions Standards
for Hazardous Air Pollutant (NESHAP): Flexible Polyurethane Foam
Fabrication'' (hereafter called the ``response to comments document'')
in Docket OAR-2002-0080 or A-2000-43. The docket also contains the
actual comment letters and supporting documentation developed for the
final rule.

A. What Sources Are Subject to the Rule?

Comment: We received one comment requesting that we regulate area
sources in the flexible polyurethane foam fabrication industry. The
commenter asserted that there are a large number of area sources in
this source category and cited examples of other source categories for
which both area and major sources are regulated.
Response: According to section 112(c)(3) of the CAA, the
Administrator must list area source categories separately from major
source categories, and only if the Administrator finds that a category
of area sources ''* * * presents a threat of adverse effects to human
health or the environment (by such sources individually or in the
aggregate) warranting regulation under this section.'' We have listed
flexible foam fabrication operations as an area source category for
further scrutiny and will address the emissions from area sources in
this source category in a separate action (64 FR 38721, July 19, 1999).

B. What Issues Were Raised Regarding Adhesive-Use Sources?

Comment: The proposed rule included a provision that loop slitters
could use no HAP-based adhesives, with HAP-based adhesives defined as
``an adhesive containing detectable HAP, according to EPA Method 311 or
another approved alternative.'' The data for existing loop slitters
that were available to us during the development of the proposed rule
indicated that 22 of 30 facilities use no HAP-based adhesives. Several
commenters asserted that the adhesives commonly used by the industry on
their loop slitters do contain small amounts of HAP. A survey conducted
by one of the commenters indicated that 11 of the 20 loop slitter
facilities surveyed use an n-propyl bromide adhesive which contains
0.32 to 1.0 percent 1,2-Epoxybutane by weight.
Response: The information supplied by commenters and industry
contacts demonstrates that the widely-used n-propyl bromide adhesives,
originally believed to be non-HAP, actually contain trace amounts of
HAP, which we believe are present mostly as impurities. In accordance
with the definition of ``HAP-based'' in the Flexible Polyurethane Foam
Production NESHAP (40 CFR part 63, subpart III), we have written the
definition of ``HAP-based adhesive'' in the final rule to contain 5
percent (by weight) or more of HAP.
Comment: Several commenters recommended that we set a numerical,
technology-based emission limitation for loop slitters, rather than
banning the use of HAP-based adhesives. The commenters explained that a
numerical or technology-based MACT standard would allow industry to
lower their emissions using control technologies that are currently
available or being developed.

[[Page 18066]]

Response: Our determination that the MACT floor for loop slitter
adhesive use is no HAP-based adhesives makes the use of a numerical or
technology-based emission limitation inappropriate. Although it may be
possible to greatly reduce HAP emissions through use of technology, we
believe that elimination of the use of HAP-based adhesives in loop
slitter operations is required by section 112(d)(3) of the CAA because
of the number of facilities using no HAP-based adhesives in their loop
slitter operations. Accordingly, no changes were made for the final
rule with regard to this issue.
Comment: Comments were received encouraging us to regulate non-
slitter adhesive use applications in order to control emissions of
methylene chloride. The commenter asserted that many major source
facilities are still using methylene chloride-based adhesives in non-
loop slitter applications.
Response: In the preamble to the proposed rule, we specifically
requested comments on this issue. We stated that if comments
demonstrated that ``there are non-sliter adhesive sources using HAP-
based adhesives that are located on the site of a major source, we
would retain them in the source category and treat them as a third
subcategory.'' Based on available information, we found no non-slitters
on sites of major sources. Thus, there is no basis to retain non-
slitter adhesive use sources in this category. We have listed flexible
foam fabrication operations as an area source category for further
scrutiny and will address the emissions from area sources under section
112(k) of the CAA.
Comment: Several comments were received expressing concerns
regarding the adhesives being used as alternatives to HAP-based
adhesives, for both loop slitter and non-slitter adhesive applications.
Some commenters mentioned that n-propyl bromide has been the subject of
a number of ``substantial risk'' notifications under the Toxic
Substances Control Act and is also the subject of toxicity testing
under the National Toxicology Program, and urged us to consider
regulating n-propyl bromide emissions.
Response: We are aware of this situation, but have no authority
under section 112 to regulate n-propyl bromide since it is not
currently listed as a HAP.
Comment: Another commenter asked us to investigate and identify the
secondary air impacts of HAP or volatile organic compounds (VOC) from
the use of the adhesives being used as alternatives to methylene
chloride. If they emit VOC, the commenter recommended that we regulate
those emissions so as not to exacerbate local efforts to comply with
other air pollution regulations.
Response: The NESHAP for foam fabrication operations protects air
quality and promotes the public health by reducing emissions of some of
the HAP listed in section 112(b)(1) of the CAA. The mandate for the
NESHAP program does not extend to control of VOC (unless they are HAP).
Additionally, VOC emissions are addressed elsewhere in the CAA, both in
section 110 which addresses State implementation plans for States with
ozone nonattainment areas under the national ambient air quality
standards; and in section 111, which includes new source performance
standards. Moreover, the current record does not indicate that there
are any significant secondary air impacts (i.e., increased emissions of
other HAP or VOC) from the use of alternatives to methylene chloride.
Thus, the Agency finds that the investigation requested by the
commenter is unwarranted. We believe that the reporting requirements
that were proposed for loop slitter facilities are adequate, and they
remain unchanged for the final rule.

C. What Issues Were Raised Regarding Flame Lamination Sources?

Comment: One commenter asserted that the proposed MACT for existing
flame lamination sources (no additional control) is not the maximum
degree of HAP reduction that could be achieved and requested that MACT
for these sources be based on ``the performance of the best two
facilities,'' excluding consideration of uncontrolled sources.
Response: We are required to calculate the MACT floor for existing
sources based on the central tendency of the emission limitation
achieved by the best performing five major sources for a subcategory
with less than 30 major sources (such as flame lamination). Evaluation
of only the two best performing sources, as requested by the commenter,
is not consistent with this statutory requirement.
The data for existing flame lamination sources that were available
during the development of the proposed rule indicated that two of the
top five major sources control HAP emissions using a scrubber and three
do not control HAP emissions. We chose not to use the mean as the
measure of central tendency because it would result in a MACT floor
that does not represent the performance of an actual control device. In
this case, using the median or the mode resulted in the same MACT floor
(no additional control).
In addition to controls, we also investigated the possibility that
materials substitution or work practice standards could represent the
MACT floor.
The flame lamination of any foam generates HAP emissions, most
notably HCN and TDI. These compounds are present in the foam as a
result of the polyurethane foam manufacturing process, which is
regulated under separate MACT standards. Changing the use of these
compounds would change the inherent properties of the foam and, thus,
we rejected this raw material substitution as a potential MACT floor
control strategy.
In addition, the flame lamination of foams containing chlorinated
fire retardants also results in emission of the HAP HCl. The frequency
of use of chlorinated fire retardant foams varies considerably from one
facility to another, and may also vary over time at any single
facility. Although some facilities do not use fire retardant foams at
all, most use them some of the time. The fire retardancy is a necessary
characteristic of the foam where the customer requires fire retardancy
as a product specification, e.g., foam in automobiles and bedding.
The top two facilities on our list stated that they laminated fire
retardant foam approximately 30 percent of the time for the years the
data were gathered. As product mix and customer demands change, the
percent of fire retardant foam flame laminated at a facility can vary
considerably. Because there is no clear subdivision of the industry
between facilities that use fire retardant foams and those that do not,
we deemed any further subdivision of the industry because of this issue
to be unreasonable.
Although there may be non-chlorinated fire retardant foams
available to flame laminators, they are not currently in use by any of
the lowest-emitting five flame lamination facilities. Thus, we
determined that product substitution does not represent the MACT floor
for the flame lamination subcategory.
We also considered the possibility that the MACT floor might be
represented by work practices. The nature of the flame lamination
process does not lend itself to any typical work practices used to
minimize HAP emissions. There are no emissions related to transport and
storage of raw materials, or to cleaning of the equipment, and there is
no HAP-containing waste. In fact, the HAP emissions are created during
the process by the physical act of scorching the foam. The scorching
makes the foam

[[Page 18067]]

sticky so it will adhere to the other substrate, but also releases HAP.
Because there are no emission-reducing work practice standards in use
at flame lamination facilities we did not find that the MACT floor may
be represented by any work practice standards.
We considered more stringent ``above-the-floor'' options for MACT,
including 90 percent reduction of HCl and HCN, 95 percent reduction of
HCN and TDI, and banning the flame lamination of chlorinated fire
retardant foam. We rejected the first two options as unreasonably
costly with respect to the incremental emission reduction that would be
achieved ($9,700 per ton for the first option and $70,300 per ton for
the second option). We rejected the third option as technically
infeasible because no alternative fire retardant has been identified
that would be adequate and appropriate for all flame lamination
applications in which fire retardant foam is required. Discussions with
industry suggest that alternative materials could present product
quality issues and result in products that do not meet product
specifications. We have received no further data or information which
would lead to the selection of a different MACT for existing flame
lamination sources. Therefore, we have not changed the emission
limitation for existing flame lamination sources.

V. What Are the Environmental, Cost, and Economic Impacts of the Final
Rule?

We estimate that current HAP emissions from loop slitter adhesive
users are essentially zero because of changes in adhesive composition
as a result of the OSHA permissible exposure limit (PEL) for methylene
chloride. Therefore, we do not expect any decreases from this
subcategory resulting from the NESHAP. Costs should be minimal as well,
as most sources will already be maintaining the necessary records in
order to comply with OSHA regulations regarding availability of MSDS.
We estimated baseline emissions for flame laminators from data
obtained from individual facilities, as well as from State agencies to
which facilities reported their annual emissions. Where reported
emissions were not available, we calculated emission estimates using a
HAP emission factor, the laminator's operating schedule, the number of
flame lamination lines, and the percent of the operating time that fire
retardant foam is laminated (used only when calculating HCl emissions).
Our estimates of nationwide baseline emissions from all existing
facilities in the flame lamination subcategory are 58.8 tpy HCl, 10.3
tpy HCN, and 3.0 tpy TDI, for a total of 72.1 tpy HAP. We have not
promulgated any emissions limitations for existing flame lamination
sources; therefore, we do not expect any emissions reductions from the
baseline. However, the NESHAP should result in a 90 percent reduction
in HCl and HCN emissions from any new or reconstructed major sources.
We calculate that a typical flame lamination operation emits 7.3 tpy of
combined HCl and HCN, which would be reduced by 90 percent, for a total
HAP emission reduction of 6.5 tpy from each new or reconstructed
affected source. In addition, particulate matter emissions from flame
lamination would also be reduced by any scrubber used to reduce the HAP
emissions.
Based on our analysis, we calculate that 64,700 gallons per year of
wastewater will be generated by a new or reconstructed flame lamination
source. Our estimate of the annual cost to treat this wastewater is
less than $250 per year. We do not expect that there will be any
significant adverse non-air health, environmental, or energy impacts
associated with the NESHAP for flexible polyurethane foam fabrication
operations.
There will be no capital costs for loop slitter adhesive users and
existing flame laminators because the final rule states that these
sources are only subject to reporting and recordkeeping costs. We
estimate that up to three new flame laminators may be built in the next
3 years, but only one of these would be a major source subject to the
NESHAP. That source would face capital costs of approximately $65,000
associated with installation of a control device (e.g., scrubber) and
monitoring equipment. We estimate that the average annualized cost for
that source would be approximately $63,000 per year, including
annualized capital costs for a control device and monitoring equipment;
labor costs associated with monitoring, reporting, and recordkeeping
requirements; and the operation and maintenance of the required control
equipment.
In summary, we do not expect any emissions reductions from existing
foam fabrication sources, and we estimate HAP emission reductions of
6.5 tpy from the single new flame lamination source we assume will be
constructed during the three years following the promulgation of this
rule. The total annualized cost of the final rule has been estimated at
$64,000, including $63,000 annually for the single new flame lamination
facility subject to the provisions of the final rule, and additional
one-time labor costs for existing facilities to read the rule. Given
that only one source will need to install new controls as a result of
the rule, and cost of control is a very small portion of industry
revenues, we consider the economic impacts associated with the final
rule to be minimal.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the final rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.

B. Paperwork Reduction Act

The information collection requirements in the final rule have been
submitted for approval to OMB under the requirements of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request
(ICR) document has been prepared by EPA (ICR No. 2027.02), and a copy
may be obtained from Susan Auby by mail at the Office of Environmental
Information, Collection Strategies Division (2822), U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
``auby.susan@epa.gov,'' or by calling (202) 566-1672. A copy may also
be downloaded from the internet at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.

[[Page 18068]]

The information requirements are based on notifications, records,
and reports required by the General Provisions (40 CFR part 63, subpart
A), which are mandatory for all operators subject to national emission
standards. These recordkeeping and reporting requirements are
specifically authorized under section 114 of the CAA (42 U.S.C. 7414).
All information submitted to the EPA pursuant to the recordkeeping and
reporting requirements for which a claim of confidentiality is made
will be safeguarded according to Agency policies in 40 CFR part 2,
subpart B, Confidentiality of Business Information.
According to the ICR, the total 3-year monitoring, reporting, and
recordkeeping burden for this collection is 3,634 labor hours, and the
annual average burden is 1,211 labor hours. The total annualized cost
of monitoring, reporting, and recordkeeping is approximately $54,124.
The labor cost over the 3-year period is $154,399 or $51,466 per year.
The annualized capital cost for monitoring equipment is $997. Annual
operation and maintenance costs are $4,982 over 3 years, averaging
$1,661 per year. This estimate includes a one-time plan for
demonstrating compliance, annual compliance certificate reports,
notifications, and recordkeeping.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purpose of collecting, validating, and
verifying information; process and maintain information and disclose
and provide information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
respond to a collection of information; search existing data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The OMB
control number(s) for the information collection requirements in the
final rule will be listed in an amendment to 40 CFR part 9 or 48 CFR
chapter 15 in a subsequent Federal Register document after OMB approves
the ICR.

C. Regulatory Flexibility Analysis

EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule. EPA has also
determined that this rule will not have a significant economic impact
on a substantial number of small entities. For purposes of assessing
the impacts of today's final rule on small entities, small entity is
defined as: (1) a small business according to the Small Business
Administration (SBA) size standards by NAICS code (a maximum of 500
employees for the polyurethane foam fabrication industry); (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
We have determined that one of approximately 48 affected sources is a
small entity, and that the impact will consist primarily of
recordkeeping and reporting requirements.

D. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, we
generally must prepare a written statement, including cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires us to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows us to adopt an alternative with other than the least
costly, most cost-effective, or least burdensome alternative if we
publish with the final rule an explanation why that alternative was not
adopted.
Before we establish any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, we must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of our regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
We have determined that the final rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, or tribal governments, in the aggregate, or the private
sector in any 1 year. The total annualized cost of the final rule has
been estimated at $64,000. This figure includes the $63,000 annually
for the single new flame lamination facility subject to the provisions
of the final rule, and additional labor costs for existing facilities.
Thus, today's final rule is not subject to the requirements of sections
202 and 205 of the UMRA. In addition, we have determined that the final
rule contains no regulatory requirements that might significantly or
uniquely affect small governments because it contains no regulatory
requirements that apply to such governments or impose obligations upon
them. Therefore, the final rule is not subject to the requirements of
section 203 of the UMRA.

E. Executive Order 13132--Federalism

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of Government.''
The final rule 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,
as specified in

[[Page 18069]]

Executive Order 13132. The standards apply only to flexible
polyurethane foam fabricators and do not pre-exempt States from
adopting more stringent standards or otherwise regulate State or local
governments. Thus, Executive Order 13132 does not apply to the final
rule.
Although section 6 of Executive Order 13132 does not apply to the
final rule, EPA did consult with State and local officials in
developing the final rule. No concerns were raised by these officials
during this consultation.

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

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
The final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This is because no tribal governments own or operate a flexible
polyurethane foam fabrication facility. Thus, Executive Order 13175
does not apply to the final rule.

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

Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children and explain why the
planned rule is preferable to other potentially effective and
reasonably feasible alternatives that we considered.
The final rule is not subject to Executive Order 13045 because it
is not an economically significant regulatory action as defined by
Executive Order 12866. In addition, EPA interprets Executive Order
13045 as applying only to those regulatory actions that are based on
health and safety risks, such that the analysis required under section
5-501 of the Executive Order has the potential to influence the
regulation. The final rule is not subject to Executive Order 13045
because it is based on technology performance and not on health or
safety risks.

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

The final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs
EPA to use voluntary consensus standards in their regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to the Office of Management and Budget
(OMB), with explanations when an agency does not use available and
applicable voluntary consensus standards.
This rulemaking involves technical standards. The EPA cites in the
final rule the EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 4, 26A, 311,
and any method to measure hydrogen cyanide from flame lamination
sources (validated with EPA Method 301). Consistent with the NTTAA, EPA
conducted searches to identify voluntary consensus standards in
addition to these EPA methods. No applicable voluntary consensus
standards were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 311, and
a method to measure hydrogen cyanide. The search and review results
have been documented and are placed in the docket (OAR-2002-0080 or A-
2000-43) for the final rule.
Five voluntary consensus standards: ASTM D1979-91, ASTM D3432-89,
ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are incorporated by
reference in EPA Method 311.
The search for emission measurement procedures identified seven
voluntary consensus standards potentially applicable to the final rule.
The EPA determined that five of these seven standards were impractical
alternatives to EPA test methods for the purposes of this rulemaking.
Therefore, EPA will not adopt these standards today. The reasons for
this determination for the five methods are in the docket.
The following two voluntary consensus standards identified in this
search were not available at the time the review was conducted for the
purposes of this rulemaking because they are under development by a
voluntary consensus body: ASME/BSR MFC 13M, ``Flow Measurement by
Velocity Traverse,'' for EPA Method 2 (and possibly 1); and ASME/BSR
MFC 12M, ``Flow in Closed Conduits Using Multiport Averaging Pitot
Primary Flowmeters,'' for EPA Method 2.
Sections 63.8800 and 63.8802 and Table 3 to subpart MMMMM list the
EPA testing methods included in the final rule. Under 40 CFR 63.7(f)
and 63.8(f), a source may apply to EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any of the EPA testing methods, performance specifications, or
procedures.

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will be
effective on April 14, 2003.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,

[[Page 18070]]

Air pollution control, Hazardous substances, Intergovernmental
relations, Recordkeeping and reporting requirements.

Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.

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

PART 63--[AMENDED]

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

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

? 2. Part 63 is amended by adding subpart MMMMM to read as follows:
Sec.
Subpart MMMMM--National Emission Standards for Hazardous Air
Pollutants: Flexible Polyurethane Foam Fabrication Operations

What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?
63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

Emission Limitations

63.8790 What emission limitations must I meet?

General Compliance Requirements

63.8794 What are my general requirements for complying with this
subpart?

Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other
initial compliance demonstrations?
63.8800 What performance tests and other procedures must I use to
demonstrate compliance with the emission limit for flame lamination?
63.8802 What methods must I use to demonstrate compliance with the
emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission
limitations?

Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous
compliance?
63.8812 How do I demonstrate continuous compliance with the emission
limitations?

Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Tables to Subpart MMMMM of Part 63

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for
New or Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test
Requirements for New or Reconstructed Flame Lamination Affected
Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With
Emission Limits
Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with
Emission Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General
Provisions to Subpart MMMMM

What This Subpart Covers

Sec. 63.8780 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) emitted from flexible polyurethane foam
fabrication operations. This subpart also establishes requirements to
demonstrate initial and continuous compliance with the emission
standards.

Sec. 63.8782 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a
flexible polyurethane foam fabrication plant site that operates a flame
lamination affected source, as defined at Sec. 63.8784(b)(2), and that
is located at, or is part of a major emission source of hazardous air
pollutants (HAP) or that operates a loop slitter affected source, as
defined at Sec. 63.8784(b)(1), that meets the criteria in paragraphs
(a)(1) and (2) of this section.
(1) The loop slitter affected source uses one or more HAP-based
adhesives at any time on or after April 14, 2003.
(2) The loop slitter affected source is located at or is part of a
major source of HAP.
(b) A flexible polyurethane foam fabrication plant site is a plant
site where pieces of flexible polyurethane foam are bonded together or
to other substrates using HAP-based adhesives or flame lamination.
(c) A major source of HAP is a plant site that emits or has the
potential to emit any single HAP at a rate of 10 tons or more per year
or any combination of HAP at a rate of 25 tons or more per year.
(d) This subpart does not apply to the following processes in
paragraphs (d)(1) and (2) of this section:
(1) Processes that produce flexible polyurethane or rebond foam as
defined in subpart III of this part.
(2) A research and development facility, as defined in section
112(c)(7) of the Clean Air Act (CAA).

Sec. 63.8784 What parts of my plant does this subpart cover?

(a) This subpart applies to each existing, new, or reconstructed
affected source at facilities engaged in flexible polyurethane foam
fabrication.
(b) The affected sources are defined in this section in paragraphs
(b)(1) and (2) of this section.
(1) The loop slitter adhesive use affected source is the collection
of all loop slitters and associated adhesive application equipment used
to apply HAP-based adhesives to bond foam to foam at a flexible
polyurethane foam fabrication plant site.
(2) The flame lamination affected source is the collection of all
flame lamination lines associated with the flame lamination of foam to
any substrate at a flexible polyurethane foam fabrication plant site.
(c)(1) A new affected source is one that commences construction
after August 8, 2001 and meets the applicability criteria of Sec.
63.8782 at the time construction commences.
(2) If you add one or more flame lamination lines at a plant site
where flame lamination lines already exist, the added line(s) shall be
a new affected source and meet new source requirements if the added
line(s) has the potential to emit 10 tons per year or more of any HAP
or 25 tons or more per year of any combination of HAP.
(d) A reconstructed affected source is one that commences
reconstruction after August 8, 2001 and meets the criteria for
reconstruction as defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.

Sec. 63.8786 When do I have to comply with this subpart?

(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to paragraphs (a)(1) and (2) of this
section.
(1) If you start up your new or reconstructed affected source
before April 14, 2003, then you must comply with the emission standards
for new or reconstructed sources in this subpart no later than April
14, 2003.
(2) If you start up your new or reconstructed affected source on or
after April 14, 2003, then you must comply with the emission standards
for new or

[[Page 18071]]

reconstructed sources in this subpart upon startup of your affected
source.
(b) If you have an existing loop slitter affected source, you must
comply with the emission standards for existing sources no later than 1
year after April 14, 2003.
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP and an
affected source subject to this subpart, the provisions in paragraphs
(c)(1) and (2) of this section apply.
(1) A new affected source as specified at Sec. 63.8784(c) or a
reconstructed affected source as specified at Sec. 63.8784(d) must be
in compliance with this subpart upon startup.
(2) An existing affected source as specified at Sec. 63.8784(e)
must be in compliance with this subpart no later than 1 year after the
date on which the area source became a major source.
(d) You must meet the notification requirements in Sec. 63.8816
according to the schedule in Sec. 63.8816 and in subpart A of this
part. Some of the notifications must be submitted before you are
required to comply with the emission standards in this subpart.
(e) If you have a loop slitter affected source, you must have data
on hand beginning on the compliance date specified in paragraph (b) of
this section as necessary to demonstrate that your adhesives are not
HAP-based. The types of data necessary are described in Sec. Sec.
63.8802 and 63.8810.

Emission Limitations

Sec. 63.8790 What emission limitations must I meet?

(a) You must meet each emission limit in Table 1 to this subpart
that applies to you.
(b) You must meet each operating limit in Table 2 to this subpart
that applies to you.

General Compliance Requirements

Sec. 63.8794 What are my general requirements for complying with this
subpart?

(a) For each loop slitter adhesive use affected source, you must be
in compliance with the requirements in this subpart at all times.
(b) For each new or reconstructed flame lamination affected source,
you must be in compliance with the requirements in this subpart at all
times, except during periods of startup, shutdown, and malfunction.
(c) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(d) During the period between the compliance date specified for
your new or reconstructed flame lamination affected source in Sec.
63.8786, and the date upon which continuous compliance monitoring
systems have been installed and verified and any applicable operating
limits have been set, you must maintain a log detailing the operation
and maintenance of the process and emissions control equipment.
(e) For each new or reconstructed flame lamination affected source,
you must develop and implement a written startup, shutdown, and
malfunction plan according to the provisions in Sec. 63.6(e)(3).
(f) For each monitoring system required in this section for new or
reconstructed flame lamination sources, you must develop and submit for
approval a site-specific monitoring plan that addresses the
requirements in paragraphs (f)(1) through (3) of this section.
(1) Installation of the continuous monitoring system (CMS) sampling
probe or other interface at a measurement location relative to each
affected process unit such that the measurement is representative of
control of the exhaust emissions (e.g., on or downstream of the last
control device);
(2) Performance and equipment specifications for the sample
interface, the pollutant concentration or parametric signal analyzer,
and the data collection and reduction system; and
(3) Performance evaluation procedures and acceptance criteria
(e.g., calibrations).
(g) In your site-specific monitoring plan, you must also address
the ongoing procedures specified in paragraphs (g)(1) through (3) of
this section.
(1) Ongoing operation and maintenance procedures in accordance with
the general requirements of Sec. Sec. 63.8(c)(1), (3), (4)(ii), (7),
and (8), and 63.8804;
(2) Ongoing data quality assurance procedures in accordance with
the general requirements of Sec. 63.8(d); and
(3) Ongoing recordkeeping and reporting procedures in accordance
with the general requirements of Sec. 63.10(c), (e)(1), and (e)(2)(i).

Testing and Initial Compliance Requirements

Sec. 63.8798 By what date must I conduct performance tests or other
initial compliance demonstrations?

(a) For each loop slitter affected source, you must conduct the
initial compliance demonstration by the compliance date that is
specified for your source in Sec. 63.8786.
(b) For each new or reconstructed flame lamination affected source,
you must conduct performance tests within 180 calendar days after the
compliance date that is specified for your source in Sec. 63.8786 and
according to the provisions in Sec. 63.7(a)(2).

Sec. 63.8800 What performance tests and other procedures must I use
to demonstrate compliance with the emission limit for flame lamination?

(a) You must conduct each performance test in Table 3 to this
subpart that applies to you.
(b) Each performance test must be conducted according to the
requirements in Sec. 63.7(e)(1) and under the specific conditions in
Table 3 to this subpart.
(c) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(d) You must conduct at least three separate test runs for each
performance test required in this section, as specified in Sec.
63.7(e)(3). Each test run must last at least 1 hour.
(e) You must determine the percent reduction of HAP emissions
during the performance test according to paragraphs (e)(1) through (3)
of this section.
(1) If you use chlorinated fire retardant foams, determine the
percent reduction of HCl to represent HAP emissions from the source. If
you do not use chlorinated fire retardant foams, determine the percent
reduction of HCN to represent HAP emissions from the source.
(2) Calculate the concentration of HAP at the control device inlet
and at the control device outlet using the procedures in the specified
test method.
(3) Compare the calculated HAP concentration at the control device
inlet to the calculated HAP concentration at the control device outlet
to determine the percent reduction over the period of the performance
test, using Equation 1 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR14AP03.000

Where:

R=Efficiency of control device, percent.
E_inlet,i=HAP concentration of control device inlet stream
for test run i, mg/dscm.
E_outlet,i=HAP concentration of control device outlet stream
for test run i, mg/dscm.

[[Page 18072]]

n=Number of runs conducted for the performance test.

(f) You must also meet the requirements in paragraphs (f)(1) and
(2) of this section.
(1) Conduct the performance tests using foams that are
representative of foams typically used at your flame lamination
affected source. If you use foams containing chlorinated fire
retardants, you must conduct the performance tests using these foams.
(2) Establish all applicable operating limits that correspond to
the control system efficiency as described in Table 3 to this subpart.

Sec. 63.8802 What methods must I use to demonstrate compliance with
the emission limitation for loop slitter adhesive use?

(a) Determine the HAP content for each material used. To determine
the HAP content for each material used in your foam fabrication
operations, you must use one of the options in paragraphs (a)(1)
through (3) of this section. If you use the option in paragraph (a)(3)
of this section, you are subject to the provisions of paragraph (a)(4)
of this section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of HAP. Use the procedures
specified in paragraphs (a)(1)(i) and (ii) of this section when
determining HAP content by Method 311.
(i) Include in the HAP total each HAP that is measured to be
present at 0.1 percent by mass or more for Occupational Safety and
Health Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds.
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5
percent of the material by mass, you do not need to include it in the
HAP total. Express the mass fraction of each HAP you measure as a value
truncated to four places after the decimal point (for example, 0.1234).
(ii) Calculate the total HAP content in the test material by adding
up the individual HAP contents and truncating the result to three
places after the decimal point (for example, 0.123).
(2) Alternative method. You may use an alternative test method for
determining mass fraction of HAP if you obtain prior approval by the
Administrator. You must follow the procedure in Sec. 63.7(f) to submit
an alternative test method for approval.
(3) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) and (2) of this section to
determine the mass fraction of HAP according to paragraphs (a)(3)(i)
and (ii) of this section. This information may include, but is not
limited to, a material safety data sheet (MSDS), a certified product
data sheet (CPDS), or a manufacturer's hazardous air pollutant data
sheet.
(i) Include in the HAP total each HAP that is present at 0.1
percent by mass or more for OSHA-defined carcinogens as specified in 29
CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other
compounds. For example, if toluene (not an OSHA carcinogen) is 0.5
percent of the material by mass, you do not have to include it in the
HAP total.
(ii) If the HAP content is provided by the material supplier or
manufacturer as a range, then you must use the upper limit of the range
for determining compliance.
(4) Verification of supplier or manufacturer information. Although
you are not required to perform testing to verify the information
obtained according to paragraph (a)(3) of this section, the
Administrator may require a separate measurement of the total HAP
content using the methods specified in paragraph (a)(1) or (2) of this
section. If this measurement exceeds the total HAP content provided by
the material supplier or manufacturer, then you must use the measured
HAP content to determine compliance.
(b) [Reserved]

Sec. 63.8806 How do I demonstrate initial compliance with the
emission limitations?

(a) You must demonstrate initial compliance with each emission
limit that applies to you according to Table 4 to this subpart.
(b) You must establish each site-specific operating limit in Table
2 to this subpart that applies to you according to the requirements in
Sec. 63.8800 and Table 3 to this subpart.
(c) You must submit the Notification of Compliance Status
containing the results of the initial compliance demonstration
according to the requirements in Sec. 63.8816(e) through (h).

Continuous Compliance Requirements

Sec. 63.8810 How do I monitor and collect data to demonstrate
continuous compliance?

(a) If you own or operate a loop slitter adhesive use affected
source, you must meet the requirements in paragraphs (a)(1) and (2) of
this section.
(1) Maintain a list of each adhesive and the manufacturer or
supplier of each.
(2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part
63), approved alternative method, or other reasonable means of HAP
content determinations indicating the mass percent of each HAP for each
adhesive.
(b) If you own or operate a new or reconstructed flame lamination
affected source, you must meet the requirements in paragraphs (b)(1)
through (3) of this section if you use a scrubber, or paragraph (b)(4)
of this section if you use any other control device.
(1) Keep records of the daily average scrubber inlet liquid flow
rate.
(2) Keep records of the daily average scrubber effluent pH.
(3) If you use a venturi scrubber, keep records of daily average
pressure drop across the venturi.
(4) Keep records of operating parameter values for each operating
parameter that applies to you.
(c) If you own or operate a new or reconstructed flame lamination
affected source, you must meet the requirements in paragraphs (c)(1)
through (4) of this section.
(1) Except for periods of monitoring malfunctions, associated
repairs, and required quality assurance or control activities
(including, as applicable, calibration checks and required zero and
span adjustments), you must monitor continuously (or collect data at
all required intervals) at all times that the affected source is
operating. This includes periods of startup, shutdown, and malfunction
when the affected source is operating. A monitoring malfunction
includes, but is not limited to, any sudden, infrequent, not reasonably
preventable failure of the monitoring device to provide valid data.
Monitoring failures that are caused by poor maintenance or careless
operation are not malfunctions.
(2) In data average calculations and calculations used to report
emission or operating levels, you may not use data recorded during
monitoring malfunctions, associated repairs, or recorded during
required quality assurance or control activities. Nor may such data be
used in fulfilling any applicable minimum data availability
requirement. You must use all the data collected during all other
periods in assessing the operation of the control device and associated
control system.
(3) You must conduct a performance evaluation of each CMS in
accordance with your site-specific monitoring plan.
(4) You must operate and maintain the CMS in continuous operation
according to the site-specific monitoring plan.

[[Page 18073]]

Sec. 63.8812 How do I demonstrate continuous compliance with the
emission limitations?

(a) You must demonstrate continuous compliance with each emission
limit and operating limit in Tables 1 and 2 to this subpart that
applies to you according to the methods specified in Table 5 to this
subpart.
(b) You must report each instance in which you did not meet each
emission limit and each operating limit in Tables 1 and 2 to this
subpart that apply to you. For new or reconstructed flame lamination
affected sources, this includes periods of startup, shutdown, and
malfunction. These instances are deviations from the operating limits
in this subpart. These deviations must be reported according to the
requirements in Sec. 63.8818.
(c) For each new or reconstructed flame lamination affected source,
you must operate in accordance with the startup, shutdown, and
malfunction plan during periods of startup, shutdown, and malfunction.
(d) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur at a new or reconstructed flame lamination affected source
during a period of startup, shutdown, or malfunction are not violations
if you demonstrate to the Administrator's satisfaction that you were
operating in accordance with the startup, shutdown, and malfunction
plan. The Administrator will determine whether deviations that occur at
a new or reconstructed flame lamination affected source during a period
of startup, shutdown, or malfunction are violations, according to the
provisions in Sec. 63.6(e).
(e) You also must meet the following requirements if you are
complying with the adhesive use ban for loop slitter adhesive use
described in Sec. 63.8790(a).
(1) If, after you submit the Notification of Compliance Status, you
use an adhesive for which you have not previously verified percent HAP
mass using the methods in Sec. 63.8802, you must verify that each
adhesive used in the affected source meets the emission limit, using
any of the methods in Sec. 63.8802.
(2) You must update the list of all the adhesives used at the
affected source.
(3) With the compliance report for the reporting period during
which you used the new adhesive, you must submit the updated list of
all adhesives and a statement certifying that, as purchased, each
adhesive used at the affected source during the reporting period met
the emission limit in Table 1 to this subpart.

Notification, Reports, and Records

Sec. 63.8816 What notifications must I submit and when?

(a) You must submit all of the notifications in Sec. Sec. 63.7(b)
and (c), 63.8(f), and 63.9(b) through (h) that apply to you.
(b) If you own or operate an existing loop slitter or flame
lamination affected source, submit an initial notification no later
than 120 days after April 14, 2003.
(c) If you own or operate a new or reconstructed loop slitter or
flame lamination affected source, submit the application for
construction or reconstruction required by Sec. 63.9(b)(1)(iii) in
lieu of the initial notification.
(d) If you own or operate a new or reconstructed flame lamination
affected source, submit a notification of intent to conduct a
performance test at least 60 calendar days before the performance test
is scheduled to begin, as required in Sec. 63.7(b)(1).
(e) If you own or operate a loop slitter affected source, submit a
Notification of Compliance Status according to Sec. 63.9(h)(2)(ii)
within 60 days of the compliance date specified in Sec. 63.8786.
(f) If you own or operate a new or reconstructed flame lamination
affected source, submit a Notification of Compliance Status according
to Sec. 63.9(h)(2)(ii) that includes the results of the performance
test conducted according to the requirements in Table 3 to this
subpart. You must submit the notification before the close of business
on the 60th calendar day following the completion of the performance
test according to Sec. 63.10(d)(2).
(g) For each new or reconstructed flame lamination affected source,
the Notification of Compliance Status must also include the information
in paragraphs (g)(1) and (2) that applies to you.
(1) The operating parameter value averaged over the full period of
the performance test (for example, average pH).
(2) The operating parameter range within which HAP emissions are
reduced to the level corresponding to meeting the applicable emission
limits in Table 1 to this subpart.
(h) For each loop slitter adhesive use affected source, the
Notification of Compliance Status must also include the information
listed in paragraphs (h)(1) and (2) of this section.
(1) A list of each adhesive used at the affected source, its HAP
content (percent by mass), and the manufacturer or supplier of each.
(2) A statement certifying that each adhesive that was used at the
affected source during the reporting period met the emission limit in
Table 1 to this subpart.

Sec. 63.8818 What reports must I submit and when?

(a) You must submit each report in Table 6 to this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each
compliance report for new or reconstructed flame lamination affected
sources semiannually according to paragraphs (b)(1) through (4) of this
section.
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in Sec.
63.8786 and ending on June 30 or December 31, whichever date is the
first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec. 63.8786.
(2) The first compliance report must be postmarked or delivered no
later than July 31 or January 31, whichever date follows the end of the
first calendar half after the compliance date that is specified for
your affected source in Sec. 63.8786.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(c) For each loop slitter adhesive use affected source, you may
submit annual compliance reports in place of semiannual reports.
(d) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the dates in paragraphs (b)(1) through (4) of
this section.
(e) The compliance report must contain the information in
paragraphs (e)(1) through (5) of this section.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy

[[Page 18074]]

and completeness of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) If there are no deviations from any emission limitations
(emission limit or operating limit) that applies to you, a statement
that there were no deviations from the emission limitations during the
reporting period.
(5) For each deviation from an emission limitation that occurs, the
compliance report must contain the information specified in paragraphs
(e)(5)(i) through (iii) of this section.
(i) The total operating time of each affected source during the
reporting period.
(ii) Information on the number, duration, and cause of deviations
(including unknown cause, if applicable), as applicable, and the
corrective action taken.
(iii) Information on the number, duration, and cause for continuous
parameter monitoring system (CPMS) downtime incidents, if applicable,
other than downtime associated with zero and span and other daily
calibration checks.
(f) The compliance report for a new or reconstructed flame
lamination affected source must also contain the following information
in paragraphs (f)(1) through (3) of this section.
(1) If you had a startup, shutdown or malfunction at your new or
reconstructed flame lamination affected source during the reporting
period and you took actions consistent with your startup, shutdown, and
malfunction plan, the compliance report must include the information in
Sec. 63.10(d)(5)(i).
(2) If there were no periods during which the CPMS was out-of-
control in accordance with the monitoring plan, a statement that there
were no periods during which the CPMS was out-of-control during the
reporting period.
(3) If there were periods during which the CPMS was out-of-control
in accordance with the monitoring plan, the date, time, and duration of
each out-of-control period.
(g) The compliance report for a loop slitter adhesive use affected
source must also contain the following information in paragraphs (g)(1)
and (2) of this section.
(1) For each annual reporting period during which you use an
adhesive that was not included in the list submitted with the
Notification of Compliance Status in Sec. 63.8816(h) (1), an updated
list of all adhesives used at the affected source.
(2) A statement certifying that each adhesive that was used at the
affected source during the reporting period met the emission limit in
Table 1 to this subpart.
(h) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all
deviations as defined in this subpart in the semiannual monitoring
report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If an affected source submits a compliance report
pursuant to Table 6 to this subpart along with, or as part of, the
semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or
40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all
required information concerning deviations from any emission limitation
(including any operating limit) in this subpart, submission of the
compliance report shall be deemed to satisfy any obligation to report
the same deviations in the semiannual monitoring report. However,
submission of a compliance report shall not otherwise affect any
obligation the affected source may have to report deviations from
permit requirements to the permit authority.
(i) For each startup, shutdown, or malfunction during the reporting
period where the source does not meet the emission limitations set out
in Sec. 63.8790 that occurs at a new or reconstructed flame lamination
affected source and that is not consistent with your startup, shutdown,
and malfunction plan, you must submit an immediate startup, shutdown
and malfunction report.
(1) An initial report containing a description of the actions taken
for the event must be submitted by fax or telephone within 2 working
days after starting actions inconsistent with the plan.
(2) A followup report containing the information listed in Sec.
63.10(d)(5)(ii) must be submitted within 7 working days after the end
of the event unless you have made alternative reporting arrangements
with the permitting authority.

Sec. 63.8820 What records must I keep?

(a) You must keep a copy of each notification and report that you
submit to comply with this subpart, including all documentation
supporting any Initial Notification or Notification of Compliance
Status that you submitted, according to the requirements in Sec.
63.10(b)(2)(xiv).
(b) For each new or reconstructed flame lamination affected source,
you must also keep the following records specified in paragraphs (b)(1)
through (4) of this section.
(1) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(2) Records of performance tests, as required in Sec.
63.10(b)(2)(viii).
(3) Records of operating parameter values.
(4) Records of the date and time that each deviation started and
stopped and whether the deviation occurred during a period of startup,
shutdown, or malfunction or during another period.
(c) For each loop slitter adhesive use affected source, you must
keep the following records specified in paragraphs (c)(1) and (2) of
this section.
(1) A list of each adhesive and the manufacturer or supplier of
each.
(2) A record of EPA Method 311 (appendix A to 40 CFR part 63),
approved alternative method, or other reasonable means of determining
the mass percent of total HAP for each adhesive used at the affected
source.

Sec. 63.8822 In what form and how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec. 63.10(b)(1). You can keep
the records offsite for the remaining 3 years.

Other Requirements and Information

Sec. 63.8826 What parts of the General Provisions apply to me?

Table 7 to this subpart shows which sections of the General
Provisions in Sec. Sec. 63.1 through 63.15 apply to you.

Sec. 63.8828 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (U.S. EPA), or a delegated authority
such as your State, local, or tribal agency. If the U.S. EPA
Administrator has delegated authority to your State, local, or tribal
agency, then that agency, in addition to the U.S. EPA, has the
authority to implement and enforce this subpart. You should contact
your U.S. EPA Regional Office to find out if implementation and
enforcement of this subpart is delegated to your State, local, or
tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to

[[Page 18075]]

a State, local, or tribal agency under 40 CFR part 63, subpart E, the
authorities contained in paragraph (c) of this section are retained by
the Administrator of U.S. EPA and are not transferred to the State,
local, or tribal agency.
(c) The authorities in paragraphs (c)(1) through (4) that cannot be
delegated to State, local, or tribal agencies are as follows:
(1) Approval of alternatives to requirements in Sec. Sec. 63.8780,
63.8782, 63.8784, 63.8786, and 63.8790.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.

Sec. 63.8830 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Adhesive means any chemical substance that is applied for the
purpose of bonding foam to foam, foam to fabric, or foam to any other
substrate, other than by mechanical means. Products used on humans and
animals, adhesive tape, contact paper, or any other product with an
adhesive incorporated onto it in an inert substrate shall not be
considered adhesives under this subpart.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation
(including any operating limit); or
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limitation (including any operating
limit) in this subpart during startup, shutdown, or malfunction,
regardless of whether or not such failure is permitted by this subpart.
Emission limitation means any emission limit or operating limit.
Flame lamination means the process of bonding flexible foam to one
or more layers of material by heating the foam surface with an open
flame.
Flame lamination line means the flame laminator and associated
rollers.
HAP-based adhesive means an adhesive containing 5 percent (by
weight) or more of HAP, according to EPA Method 311 (appendix A to 40
CFR part 63) or another approved alternative.
Loop slitter means a machine used to create thin sheets of foam
from the large blocks of foam or ``buns'' created at a slabstock
flexible polyurethane foam production plant.
Research and development process means a laboratory or pilot plant
operation whose primary purpose is to conduct research and development
into new processes and products where the operations are under the
close supervision of technically trained personnel, and which is not
engaged in the manufacture of products for commercial sale, except in a
de minimis manner.
Responsible official means responsible official as defined in 40
CFR 70.2.

Tables to Subpart MMMMM of Part 63

Table 1 to Subpart MMMMM of Part 63.--Emission Limits
[As stated in Sec. 63.8790(a), you must comply with the emission
limits in the following table:]
------------------------------------------------------------------------
For . . . You must . . .
------------------------------------------------------------------------
1. Each existing, new, or reconstructed Not use any HAP-based
loop slitter adhesive use affected adhesives.
source.
2. Each new or reconstructed flame Reduce HAP emissions by 90
lamination affected source. percent.
3. Each existing flame lamination There are no emission limits
affected sources. for existing flame lamination
sources. However, you must
submit an initial notification
per Sec. 63.8816(b).
------------------------------------------------------------------------

Table 2 to Subpart MMMMM of Part 63.--Operating Limits for New or
Reconstructed Flame Lamination Affected Sources
[As stated in Sec. 63.8790(b), you must comply with the operating
limits in the following table:]
------------------------------------------------------------------------
For each . . . You must . . .
------------------------------------------------------------------------
1. Scrubber.................................. a. Maintain the daily
average scrubber inlet
liquid flow rate above
the minimum value
established during the
performance test.
b. Maintain the daily
average scrubber
effluent pH within the
operating range value
established during the
performance test.
c. If you use a venturi
scrubber, maintain the
daily average pressure
drop across the venturi
within the operating
range value established
during the performance
test.
2. Other type of control device to which Maintain your operating
flame lamination emissions are ducted. parameter(s) within the
ranges established
during the performance
test and according to
your monitoring plan.
------------------------------------------------------------------------

[[Page 18076]]

Table 3 to Subpart MMMMM of Part 63.--Performance Test Requirements for New or Reconstructed Flame Lamination
Affected Sources
[As stated in Sec. 63.8800, you must comply with the requirements for performance tests for new or
reconstructed flame lamination affected sources in the following table using the requirements in rows 1 through
5 of the table if you are measuring HCl and using a scrubber, row 6 if you are measuring HCN and using a
scrubber, and row 7 if you are using any other control device:]
----------------------------------------------------------------------------------------------------------------
For each new or reconstructed flame
lamination affected source, you Using . . . According to the following requirements . . .
must . . .
----------------------------------------------------------------------------------------------------------------
1. Select sampling port's location Method 1 or 1A in appendix Sampling sites must be located at the inlet
and the number of traverse ports. A to part 60 of this and outlet of the scrubber and prior to any
chapter. releases to the atmosphere.
2. Determine velocity.............. Method 2, 2A, 2C, 2D, 2F,
or 2G in appendix A to
part 60 of this chapter.
3. Determine gas molecular weight.. Not applicable............. Assume a molecular weight of 29 (after
moisture correction) for calculation
purposes.
4. Measure moisture content of the Method 4 in appendix A to
stack gas. part 60 of this chapter.
5. Measure HCl concentration if you a. Method 26A in appendix A i. Measure total HCl emissions and determine
use chlorinated fire retardants in to part 60 of this chapter. the reduction efficiency of the control
the laminated foam. device using Method 26A.
ii. Collect scrubber liquid flow rate,
scrubber effluent pH, and pressure drop
(pressure drop data only required for venturi
scrubbers) every 15 minutes during the entire
duration of each 1-hour test run, and
determine the average scrubber liquid flow
rate, scrubber effluent pH, and pressure drop
(pressure drop data only required for Venturi
scrubbers) over the period of the performance
test by computing the average of all of the
15-minute readings.
6. Measure HCN concentration if you a. A method approved by the i. Conduct the performance test according to
do not use chlorinated fire Administrator. the site-specific test plan submitted
retardants in the laminated foam. according to Sec. 63.7(c)(2)(i). Measure
total HCN emissions and determine the
reduction efficiency of the control device.
Any performance test which measures HCN
concentrations must be submitted for the
administrator's approval prior to testing.
You must use EPA Method 301 (40 CFR part 63,
Appendix A) to validate your method.
ii. Collect scrubber liquid flow rate,
scrubber effluent pH, and pressure drop
(pressure drop data only required for venturi
scrubbers) every 15 minutes during the entire
duration of each 1-hour test run, and
determine the average scrubber liquid flow
rate, scrubber effluent pH, and pressure drop
(pressure drop data only required for venturi
scrubbers) over the period of the performance
test by computing the average of all of the
15-minute readings.
7. Determine control device a. EPA-approved methods and i. Conduct the performance test according to
efficiency and establish operating data from the continuous the site-specific test plan submitted
parameter limits with which you parameter monitoring according to Sec. 63.7(c)(2)(i).
will demonstrate continuous system. ii. Collect operating parameter data as
compliance with the emission limit specified in the site-specific test plan.
that applies to the source if you
use any control device other than
a scrubber.
----------------------------------------------------------------------------------------------------------------

Table 4 to Subpart MMMMM of Part 63.--Initial Compliance With Emission
Limits
[As stated in Sec. 63.8806, you must comply with the requirements to
demonstrate initial compliance with the applicable emission limits in
the following table:]
------------------------------------------------------------------------
You have
For . . . For the following demonstrated initial
emission limit . . . compliance if . . .
------------------------------------------------------------------------
1. Each new, reconstructed, Eliminate use of HAP- You do not use HAP-
or existing loop slitter based adhesives. based adhesives.
adhesive use affected
source.
2. Each new or reconstructed Reduce HAP emissions The average HAP
flame lamination affected by 90 percent. emissions, measured
source using a scrubber. over the period of
the performance
test(s), are
reduced by 90
percent.
3. Each new or reconstructed Reduce HAP emissions The average HAP
flame lamination affected by 90 percent. emissions, measured
source using any other over the period of
control device emissions by. the performance
test(s), are
reduced by 90
percent.
------------------------------------------------------------------------

[[Page 18077]]

Table 5 to Subpart MMMMM of Part 63.--Continuous Compliance With
Emission Limits and Operating Limits
[As stated in Sec. 63.8812(a), you must comply with the requirements
to demonstrate continuous compliance with the applicable emission limits
or operating limits in the following table:]
------------------------------------------------------------------------
For the following You must demonstrate
emission limits or continuous
For . . . operating limits . . compliance by . . .
.
------------------------------------------------------------------------
1. Each new, reconstructed, Eliminate use of HAP- Not using HAP-based
or existing loop slitter based adhesives. adhesives.
affected source.
2. Each new or reconstructed a. Maintain the i. Collecting the
flame lamination affected daily average scrubber inlet
source using a scrubber. scrubber inlet liquid flow rate
liquid flow rate and effluent pH
above the minimum monitoring data
value established according to Sec.
during the 63.8804(a) through
performance. (c).
b. Maintain the ii. Reducing the
daily average data to 1-hour and
scrubber effluent daily block
pH within the averages according
operating range to the requirements
established during in Sec.
the performance 63.8804(a).
test. iii. Maintaining
c. Maintain the each daily average
daily average scrubber inlet
pressure drop liquid flow rate
across the venturi above the minimum
within the value established
operating range during the
established during performance test.
the performance iv. Maintaining the
test. If you use daily average
another type of scrubber effluent
scrubber (e.g., pH within the
packed bed or spray operating range
tower scrubber), established during
monitoring pressure the performance
drop is not test.
required. v. If you use a
venturi scrubber,
maintaining the
daily average
pressure drop
across the venturi
within the
operating range
established during
the performance
test.
3. Each new or reconstructed a. Maintain the i. Collected the
flame lamination affected daily average operating parameter
source using any other operating data according to
control device. parameters above the site-specific
the minimum value test plan.
established during ii. Reducing the
the performance data to one-hour
test, or within the averages according
range established to the requirements
during the in Sec.
performance test, 63.8804(a).
as applicable. iii. Maintaining the
daily average
during the rate
above the minimum
value established
during the
performance test,
or within the range
established during
the performance
test, as
applicable.
------------------------------------------------------------------------

Table 6 to Subpart MMMMM of Part 63.--Requirements for Reports
[As stated in Sec. 63.8818(a), you must submit a compliance report
that includes the information in Sec. 63.8818(e) through (g) as well
as the information in the following table. Rows 1 and 3 of the following
table apply to loop slitter affected sources. Rows 1 through 5 apply to
flame lamination affected sources. You must also submit startup,
shutdown, and malfunction reports according to the requirements in the
following table if you own or operate a new or reconstructed flame
lamination affected source:]
------------------------------------------------------------------------
Then you must submit a report
If . . . or statement that . .
------------------------------------------------------------------------
1. There are no deviations from any There were no deviations from
emission limitations that apply to you. the emission limitations
during the reporting period.
2. There were no periods during which There were no periods during
the operating parameter monitoring which the CPMS were out-of-
systems were out-of-control in control during the reporting
accordance with the monitoring plan. period.
3. There was a deviation from any Contains the information in
emission limitation during the Sec. 63.8818(e)(5).
reporting period.
4. There were periods during which the Contains the information in
operating parameter monitoring systems Sec. 63.8818(f)(3).
were out-of-control in information in
accordance with the monitoring plan.
5. There was a startup, shutdown, or Contains the information in
malfunction where the source did not Sec. 63.8818(i).
meet the emission limitations set out
in Sec. 63.8790 at a new or
reconstructed flame lamination
affected source during the reporting
period that is not consistent with
your startup, shutdown, and
malfunction plan..
------------------------------------------------------------------------

Table 7 to Subpart MMMMM of Part 63.--Applicability of General Provisions to Subpart MMMMM
[As stated in Sec. 63.8826, you must comply with the applicable General Provisions requirements according to
the following table:]
----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to subpart MMMMM Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1...................... Initial Yes.
applicability
determination;
applicability after
standard
established; permit
requirements;
extensions;
notifications.
Sec. 63.2...................... Definitions......... Yes.............................. Additional
definitions are
found in Sec.
63.8830.

[[Page 18078]]

Sec. 63.3...................... Units and Yes.
abbreviations.
Sec. 63.4...................... Prohibited Yes.
activities;
compliance date;
circumvention,
severability.
Sec. 63.5...................... Construction/ Yes.
reconstruction
applicability;
applications;
approvals.
Sec. 63.6(a)................... Compliance with Yes.
standards and
maintenance
requirements-
applicability.
Sec. 63.6(b)(1)-(4)............ Compliance dates for Yes.............................. Sec. 63.8786
new or specifies
reconstructed compliance dates.
sources.
Sec. 63.6(b)(5)................ Notification if Yes.
commenced
construction or
reconstruction
after proposal.
Sec. 63.6(b)(6)................ [Reserved].......... Yes.
Sec. 63.6(b)(7)................ Compliance dates for Yes.............................. Sec. 63.8786
new or specifies
reconstructed area compliance dates.
sources that become
major.
Sec. 63.6(c)(1)-(2)............ Compliance dates for Yes.............................. Sec. 63.8786
existing sources. specifies
compliance dates.
Sec. 63.6(c)(3)-(4)............ [Reserved].......... Yes.
Sec. 63.6(c)(5)................ Compliance dates for Yes.............................. Sec. 63.8786
existing area specifies
sources that become compliance dates.
major.
Sec. 63.6(d)................... [Reserved].......... Yes.
Sec. 63.6(e)(1)................ Operation and Yes.
maintenance
requirements.
Sec. 63.6(e)(2)................ [Reserved].......... Yes.
Sec. 63.6(e)(3)................ Startup, shutdown, Yes.............................. Only applies to new
and malfunction or reconstructed
plans. flame lamination
affected sources.
Sec. 63.6(f)(1)................ Compliance except Yes.............................. Only applies to new
during SSM. or reconstructed
flame lamination
affected sources.
Sec. 63.6(f)(2)-(3)............ Methods for Yes.
determining
compliance.
Sec. 63.6(g)................... Use of an Yes.
alternative
nonopacity emission
standard.
Sec. 63.6(h)................... Compliance with No............................... Subpart MMMMM does
opacity/visible not specify opacity
emission standards. or visible emission
standards.
Sec. 63.6(i)................... Extension of Yes.
compliance with
emission standards.
Sec. 63.6(j)................... Presidential Yes.
compliance
exemption.
Sec. 63.7(a)(1)-(2)............ Performance test Yes.............................. Except for loop
dates. slitter affected
sources as
specified in in
Sec. 63.8798(a).
Sec. 63.7(a)(3)................ Administrator's Yes.
section 114
authority to
require a
performance test.
Sec. 63.7(b)................... Notification of Yes.
performance test
and rescheduling.
Sec. 63.7(c)................... Quality assurance Yes.
program and site-
specific test plans.
Sec. 63.7(d)................... Performance testing Yes.
facilities.
Sec. 63.7(e)(1)................ Conditions for Yes.
conducting
performance tests.
Sec. 63.7(f)................... Use of an Yes.
alternative test
method.
Sec. 63.7(g)................... Performance test Yes.
data analysis,
recordkeeping, and
reporting.
Sec. 63.7(h)................... Waiver of Yes.
performance tests.
Sec. 63.8(a)(1)-(2)............ Applicability of Yes.............................. Unless otherwise
monitoring specified, all of
requirements. Sec. 63.8 applies
only to new or
reconstructed flame
lamination sources.
Additional
monitoring
requirements for
these sources are
found in Sec. Sec.
63.8794(f) and
(g) and 63.8804.
Sec. 63.8(a)(3)................ [Reserved].......... Yes.
Sec. 63.8(a)(4)................ Monitoring with No............................... Subpart MMMMM does
flares. not refer directly
or indirectly to
Sec. 63.11.
Sec. 63.8(b)................... Conduct of Yes.
monitoring and
procedures when
there are multiple
effluents and
multiple monitoring
systems.
Sec. 63.8(c)(1)-(3)............ Continuous Yes.............................. Applies as modified
monitoring system by Sec.
(CMS) operation and 63.8794(f) and (g).
maintenance.
Sec. 63.8(c)(4)................ Continuous Yes.............................. Applies as modified
monitoring system by Sec.
requirements during 63.8794(g).
breakdown, out-of-
control, repair,
maintenance, and
high-level
calibration drifts.

[[Page 18079]]

Sec. 63.8(c)(5)................ Continuous opacity No............................... Subpart MMMMM does
monitoring system not have opacity or
(COMS) minimum visible emission
procedures. standards.
Sec. 63.8(c)(6)................ Zero and high level Yes.............................. Applies as modified
calibration checks. by Sec.
63.8794(f).
Sec. 63.8(c)(7)-(8)............ Out-of-control Yes.
periods, including
reporting.
Sec. 63.8(d)-(e)............... Quality control No............................... Applies as modified
program and CMS by Sec.
performance 63.8794(f) and (g).
evaluation.
Sec. 63.8(f)(1)-(5)............ Use of an Yes.
alternative
monitoring method.
Sec. 63.8(f)(6)................ Alternative to No............................... Only applies to
relative accuracy sources that use
test. continuous
emissions
monitoring systems
(CEMS).
Sec. 63.8(g)................... Data reduction...... Yes.............................. Applies as modified
by Sec.
63.8794(g).
Sec. 63.9(a)................... Notification Yes.
requirements--appli
cability.
Sec. 63.9(b)................... Initial Yes.............................. Except Sec.
notifications. 63.8816(c) requires
new or
reconstructed
affected sources to
submit the
application for
construction or
reconstruction
required by Sec.
63.9(b)(1)(iii) in
lieu of the initial
notification.
Sec. 63.9(c)................... Request for Yes.
compliance
extension.
Sec. 63.9(d)................... Notification that a Yes.
new source is
subject to special
compliance
requirements.
Sec. 63.9(e)................... Notification of Yes.
performance test.
Sec. 63.9(f)................... Notification of No............................... Subpart MMMMM does
visible emissions/ not have opacity or
opacity test. visible emission
standards.
Sec. 63.9(g)(1)................ Additional CMS Yes.
notifications--date
of CMS performance
evaluation.
Sec. 63.9(g)(2)................ Use of COMS data.... No............................... Subpart MMMMM does
not require the use
of COMS.
Sec. 63.9(g)(3)................ Alternative to No............................... Applies only to
relative accuracy sources with CEMS.
testing.
Sec. 63.9(h)................... Notification of Yes.
compliance status.
Sec. 63.9(i)................... Adjustment of Yes.
submittal deadlines.
Sec. 63.9(j)................... Change in previous Yes.
information.
Sec. 63.10(a).................. Recordkeeping/ Yes.
reporting
applicability.
Sec. 63.10(b)(1)............... General Yes.............................. Sec. Sec. 63.8820
recordkeeping and 63.8822 specify
requirements. additional
recordkeeping
requirements.
Sec. 63.10(b)(2)(i)-(xi)....... Records related to Yes.............................. Only applies to new
startup, shutdown, or reconstructed
and malfunction flame lamination
periods and CMS. affected sources.
Sec. 63.10(b)(2)(xii).......... Records when under Yes.
waiver.
Sec. 63.10(b)(2)(xiii)......... Records when using No............................... Applies only to
alternative to sources with CEMS.
relative accuracy
test.
Sec. 63.10(b)(2)(xiv).......... All documentation Yes
supporting initial
notification and
notification of
compliance status.
Sec. 63.10(b)(3)............... Recordkeeping Yes.
requirements for
applicability
determinations.
Sec. 63.10(c).................. Additional Yes.............................. Applies as modified
recordkeeping by Sec.
requirements for 63.8794(g).
sources with CMS.
Sec. 63.10(d)(1)............... General reporting Yes.............................. Sec. 63.8818
requirements. specifies
additional
reporting
requirements.
Sec. 63.10(d)(2)............... Performance test Yes ....................
results.
Sec. 63.10(d)(3)............... Opacity or visible No............................... Subpart MMMMM does
emissions not specify opacity
observations. or visible emission
standards.
Sec. 63.10(d)(4)............... Progress reports for Yes. ....................
sources with
compliance
extensions.
Sec. 63.10(d)(5)............... Startup, shutdown, Yes.............................. Only applies to new
and malfunction or reconstructed
reports. flame lamination
affected sources.
Sec. 63.10(e)(1)............... Additional CMS Yes............................. Applies as modified
reports--general. by Sec.
63.8794(g).
Sec. 63.10(e)(2)(i)............ Results of CMS Yes.............................. Applies as modified
performance by Sec.
evaluations. 63.8794(g).
Sec. 63.10(e)(2)............... Results of No............................... Subpart MMMMM does
continuous opacity require the use of
monitoring systems COMS.
performance
evaluations.
Sec. 63.10(e)(3)............... Excess emissions/CMS Yes.............................. Only applies to new
performance reports. or reconstructed
flame lamination
affected sources.
Sec. 63.10(e)(4)............... Continuous opacity No............................... Subpart MMMMM does
monitoring system not require the use
data reports. of COMS.
Sec. 63.10(f).................. Recordkeeping/ Yes ....................
reporting waiver.

[[Page 18080]]

Sec. 63.11..................... Control device No............................... Facilities subject
requirements--appli to subpart MMMMM do
cability. not use flares as
control devices.
Sec. 63.12..................... State authority and Yes.............................. Sec. 63.8828 lists
delegations. those sections of
subparts MMMMM and
A that are not
delegated.
Sec. 63.13..................... Addresses........... Yes. ....................
Sec. 63.14..................... Incorporation by Yes.............................. Subpart MMMMM does
reference. not incorporate any
material by
reference.
Sec. 63.15..................... Availability of Yes.
information/
confidentiality..
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-5520 Filed 4-11-03; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations

Local Navigation