WASHINGTON, D.C. - The EPA, expected to issue soon a final rule to implement the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act (TSCA, did not publish the final rule in the Federal Register today as previously reported at Woodworking Network.
It's latest comment period is still open until November 7:
The EPA reviewed its emission inventory and compliance databases to determine if its current information was sufficient to conduct an RTR for the PCWP NESHAP and develop emission limits for the remanded PCWP process units. The available data for the affected population of plywood, composite wood products, and lumber dry kilns was found to be insufficient to adequately review and evaluate the emission standards for these source categories. The ICR will provide specific, required information, including emission inventories, compliance demonstrations, process changes, and information about control technologies/practices adopted since the application of maximum achievable control technology (MACT). Table 1 contains the North American Industry Classification System (NAICS) codes of facilities impacted by this information collection. Only major sources and synthetic area sources for these NESHAP categories will be affected by this information collection.
There will be a survey phase, Phase I, and a contingent testing phase, Phase Start Printed Page 62126II, in this information collection. Phase I seeks to collect facility-level information (e.g., facility name, location, contact information, and process unit details), emissions information, compliance data, control information, and descriptions of technological innovations. Phase I will be sent to all known operators of PCWP facilities that are major sources for hazardous air pollutants (HAP) regulated by these standards and synthetic area sources which used technology to avoid major PCWP NESHAP source status. Phase I responses may contain CBI. The survey will be provided and collected in an electronic format. The submission requires the owner or operator to certify that the information being provided is accurate and complete.
If the emission information that we collect in Phase I is inadequate to assess the remaining risk following the application of MACT and/or to assess technological developments in practices, processes, or controls that reduce HAP from PCWP facilities, we plan to require facilities to conduct emissions testing and will implement Phase II. Phase II, the testing phase of the survey, will be sent to selected PCWP facilities across the different industry segments. The emissions information collected in Phase II, if implemented, will not be CBI. However, production information will also be collected so that adequate emission factors can be generated from the required testing. There may be some production information associated with the emissions tests that facilities will consider CBI.
If OMB approves this ICR, this one-time collection will solicit information under authority of CAA section 114. The EPA intends to provide the survey in electronic format. The survey will be sent to all facilities identified as being affected by the PCWP NESHAP through information available to the Agency. The EPA envisions allowing recipients 90 days to respond to the survey after it is approved by the OMB and distributed to the PCWP industry for their response. Non-confidential information from this ICR would be made available to the public. Any information designated as confidential by a survey respondent that the EPA subsequently determines to constitute CBI or a trade secret under the EPA's CBI regulations at 40 CFR part 2, subpart B, will be protected pursuant to those regulations and, for trade secrets, under 18 U.S.C. 1905. If no claim of confidentiality accompanies the information when it is received by the EPA, it may be made available to the public by the EPA without further notice pursuant to the EPA regulations at 40 CFR 2.203. The EPA identified facilities potentially subject to the PCWP MACT using the Air Facility System (AFS) database, the Facility Registry Service (FRS) database, and the Enforcement and Compliance History Online (ECHO) database. Facilities were maintained in the facility list if the affected facilities were labeled as major sources or synthetic minor sources. This conservative approach to identifying affected facilities may overestimate the number of respondents.
Table 1—Examples of Regulated Industries
NAICS c odes Examples of regulated entities
321113 Sawmills with lumber kilns.
321211 Hardwood plywood and veneer plants.
321212 Softwood plywood and veneer plants.
321213 Structural Wood Members, Not Elsewhere Classified (engineered wood products plants).
321219 Reconstituted Wood Product Manufacturing.
32199 All Other Wood Product Manufacturing.
There will be a survey phase, Phase I, and a contingent testing phase, Phase Start Printed Page 62126II, in this information collection. Phase I seeks to collect facility-level information (e.g., facility name, location, contact information, and process unit details), emissions information, compliance data, control information, and descriptions of technological innovations. Phase I will be sent to all known operators of PCWP facilities that are major sources for hazardous air pollutants (HAP) regulated by these standards and synthetic area sources which used technology to avoid major PCWP NESHAP source status. Phase I responses may contain CBI. The survey will be provided and collected in an electronic format. The submission requires the owner or operator to certify that the information being provided is accurate and complete.
If the emission information that we collect in Phase I is inadequate to assess the remaining risk following the application of MACT and/or to assess technological developments in practices, processes, or controls that reduce HAP from PCWP facilities, we plan to require facilities to conduct emissions testing and will implement Phase II. Phase II, the testing phase of the survey, will be sent to selected PCWP facilities across the different industry segments. The emissions information collected in Phase II, if implemented, will not be CBI. However, production information will also be collected so that adequate emission factors can be generated from the required testing. There may be some production information associated with the emissions tests that facilities will consider CBI.
If OMB approves this ICR, this one-time collection will solicit information under authority of CAA section 114. The EPA intends to provide the survey in electronic format. The survey will be sent to all facilities identified as being affected by the PCWP NESHAP through information available to the Agency. The EPA envisions allowing recipients 90 days to respond to the survey after it is approved by the OMB and distributed to the PCWP industry for their response. Non-confidential information from this ICR would be made available to the public. Any information designated as confidential by a survey respondent that the EPA subsequently determines to constitute CBI or a trade secret under the EPA's CBI regulations at 40 CFR part 2, subpart B, will be protected pursuant to those regulations and, for trade secrets, under 18 U.S.C. 1905. If no claim of confidentiality accompanies the information when it is received by the EPA, it may be made available to the public by the EPA without further notice pursuant to the EPA regulations at 40 CFR 2.203. The EPA identified facilities potentially subject to the PCWP MACT using the Air Facility System (AFS) database, the Facility Registry Service (FRS) database, and the Enforcement and Compliance History Online (ECHO) database. Facilities were maintained in the facility list if the affected facilities were labeled as major sources or synthetic minor sources. This conservative approach to identifying affected facilities may overestimate the number of respondents.
Table 1—Examples of Regulated Industries
NAICS c odes Examples of regulated entities
321113 Sawmills with lumber kilns.
321211 Hardwood plywood and veneer plants.
321212 Softwood plywood and veneer plants.
321213 Structural Wood Members, Not Elsewhere Classified (engineered wood products plants).
321219 Reconstituted Wood Product Manufacturing.
32199 All Other Wood Product Manufacturing.
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