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E-M:/ New Federal rules

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

Today in the Federal Register EPA published a final rule to
control toxic emissions from reinforced plastic parts....which
will have a significant effect on many auto parts and plastic
piece production facilities in Michigan.

I have the whole notice in text version but you would probably be
better served by going to www.access.gpo.gov and getting a PDF
version instead.

Federal Register: April 21, 2003 (Volume 68, Number 76)]
[Rules and Regulations]
[Page 19375-19443]
 From the Federal Register Online via GPO Access [wais.access.gpo.gov]


40 CFR Part 63
[OAR-2003-0003: FRL-7461-7]
RIN 2060-AE79

National Emissions Standards for Hazardous Air Pollutants:
Reinforced Plastic Composites Production

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


SUMMARY: This action promulgates national emissions standards for
hazardous air pollutants (NESHAP) for new and existing reinforced
plastic composites production facilities. The NESHAP regulate
production and ancillary processes used to manufacture products with
thermoset resins and gel coats. Reinforced plastic composites
production facilities emit hazardous air pollutants (HAP), such as
styrene, methyl methacrylate (MMA), and methylene chloride
(dichloromethane). These HAP have adverse health effects including
headache, fatigue, depression, irritation of skin, eyes, and mucous
membranes. Methylene chloride has been classified as a probable human
carcinogen. The NESHAP will implement section 112(d) of the Clean Air
Act (CAA) by requiring all major sources in this category to meet HAP
emissions standards reflecting the application of the maximum
achievable control technology (MACT). We estimate the final NESHAP will
reduce nationwide emissions of HAP from these facilities by
approximately 7,682 tons per year (tpy) (43 percent).

EFFECTIVE DATE: April 21, 2003.

ADDRESSES: Docket. Docket ID No. OAR-2003-0003 (formerly Docket No. A-
94-52) contains supporting information used in developing the
standards. The docket is available for public viewing at the Office of
Air and Radiation Docket and Information Center (Air Docket) in the EPA
Docket Center, EPA West, Room B108, 1301 Constitution Avenue NW.,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: For further information concerning
applicability and rule determinations, contact the appropriate State or
local agency representative. For information concerning the analyses
performed in developing the NESHAP, contact Keith Barnett, U.S. EPA,
Emission Standards Division, Minerals and Inorganic Chemicals Group,
C504-05, Research Triangle Park, North Carolina 27711, (919) 541-5605, <A 

SUPPLEMENTARY INFORMATION: Docket. We have established an official
public docket for this action under Docket ID No. OAR-2003-0003
(formerly Docket No. A-94-52). The docket is an organized and complete
file of the information considered by the EPA in the development of
this rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. The docketing system is intended to
allow members of the public and industries involved to readily identify
and locate documents so that they can effectively participate in the
rulemaking process. Along with the proposed and promulgated standards
and their preambles, the contents of the docket, excluding interagency
review materials, will serve as the record in the case of judicial
review. (See section 307(d)(7)(A) of the CAA.) The regulatory text and
other materials related to this rulemaking are available for review in
the docket or copies may be mailed on request from the Air Docket by
calling (202) 566-1742. A reasonable fee may be charged for copying
docket materials.
     Electronic Docket Access. You may access the final rule
electronically through the EPA Internet under the ``Federal Register''
listings at <A 
     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 <A 
HREF="http://www.epa.gov/edocket/";>http://www.epa.gov/edocket/</A> 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.
     Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final NESHAP will also be available on
the WWW through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the NESHAP will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules
at <A HREF="http://www.epa.gov/ttn/oarpg";>http://www.epa.gov/ttn/oarpg</A>. 
The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.

[[Page 19376]]

     Regulated Entities. Categories and entities potentially regulated
by this action include:

                    Category                      NAICS code    SIC 
code       Examples of regulated entities
Industry......................................       325211         2821 
Reinforced plastic composites
                                                      326122         3084 
production facilities that
                                                      325991         3087 
manufacture intermediate and/or final
                                                      326191         3088 
products using styrene containing
                                                 ...........         3089 
thermoset resins and gel coats.
                                                      327991         3281
                                                      327993         3296
                                                      332998         3431
                                                       33312         3531
                                                       33651         3531
                                                      335311         3612
                                                      335313         3613
                                                      335312         3621
                                                       33422         3663
                                                      336211         3711
                                                      336112         3711
                                                      336211         3713
                                                       33651  ...........
                                                       33653         3714
                                                      336399         3714
                                                       33612         3716
                                                      336213         3728
                                                      336413         3743
                                                      336214         3792
                                                 ...........         3999
Government............................  ...........  ...........  Federally 
owned facilities that
intermediate and/or final
using styrene containing
resins and gel coats.

     This table 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. Sec.  63.5785 and
63.5787 of the final NESHAP. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
     Judicial Review. The NESHAP for Reinforced Plastic Composites
Manufacturing were proposed on August 2, 2001 (66 FR 40324). This
action announces EPA's final decisions on the NESHAP. Under section
307(b)(1) of the CAA, 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 by June 20, 2003. Under section
307(d)(7)(B) of the CAA, only an objection to a rule or procedure
raised with reasonable specificity during the period for public comment
can be raised during judicial review. Moreover, under section 307(b)(2)
of the CAA, the requirements established by the final rule may not be
challenged separately in any civil or criminal proceeding brought to
enforce these requirements.
     Outline. The information presented in this preamble is organized as

I. Introduction
     A. What is the purpose of NESHAP?
     B. What is the source of authority for development of NESHAP?
     C. What processes and operations are included in the Reinforced
Plastic Composites Production source category?
II. Summary of the Final NESHAP
     A. What source categories and subcategories are affected by the
final NESHAP?
     B. What are the primary sources of HAP emissions and what are
the emissions?
     C. What is the affected source?
     D. What are the HAP emissions limits, operating limits, and
other standards?
     E. What are the HAP emissions factor equations in Table 1 to
subpart WWWW of part 63, and how are they used in the final NESHAP?
     F. When would I need to comply with the final NESHAP?
     G. What are the options for demonstrating compliance?
     H. What are the testing and initial compliance requirements?
     I. What are the continuous compliance requirements?
     J. What are the notification, reporting, and recordkeeping
III. Summary of Environmental, Energy, and Economic Impacts
     A. What facilities are affected by the final NESHAP?
     B. What are the air quality impacts?
     C. What are the water quality impacts?
     D. What are the solid and hazardous waste impacts?
     E. What are the energy impacts?
     F. What are the cost impacts?
     G. What are the economic impacts?
IV. Summary of Changes Since Proposal
     A. Above-the-Floor Capture and Control Requirements for Existing
     B. Replacing the Point Value Equations with HAP Emissions Factor
Equations Based on the Unified Emissions Factors, and Changes to
Centrifugal Casting HAP Emissions Factors
     C. MACT Floors for Existing Sources
     D. Cleaning
     E. Compression/Injection Molding
     F. Averaging Provisions
     G. Pultrusion Compliance Options
     H. Applicability
     I. Potential Overlap with the Boat Manufacturing NESHAP (40 CFR
Part 63, Subpart VVVV)
     J. Determination of Resin and Gel Coat HAP Content
     K. New Source MACT Floors
V. Summary of Responses to Major Comments
VI. Relationship of the Final NESHAP to Other NESHAP and the CAA
Operating Permits Program
     A. National Emissions Standards for Closed Vent Systems, Control
Devices, Recovery Devices, and Routing to a Fuel Gas System of a
Process (40 CFR Part 63, Subpart SS)
     B. NESHAP for Boat Manufacturing (40 CFR Part 63, Subpart VVVV)
     C. NESHAP for Plastic Parts and Products (Surface Coating)
     D. Operating Permit Program
VII. Statutory and Executive Order Reviews

[[Page 19377]]

     A. Executive Order 12866, Regulatory Planning and Review
     B. Paperwork Reduction Act
     C. Regulatory Flexibility Analysis
     D. Unfunded Mandates Reform Act
     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 that Significantly Affect
Energy Supply, Distribution, or Use
     I. National Technology Transfer and Advancement Act
     J. Congressional Review Act

I. Introduction

A. What Is the Purpose of NESHAP?

     The purpose of the final NESHAP is to protect the public health by
reducing emissions of HAP from Reinforced Plastic Composite
Manufacturing facilities.

B. 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. Reinforced
Plastic Composites Production was included on the initial list of
source categories published on July 16, 1992 (57 FR 31576). Major
sources of HAP are those that have the potential to emit 10 tpy or more
of any one HAP or 25 tpy or more of any combination of HAP.
     The CAA requires 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 MACT floor is the minimum control level allowed for NESHAP.
This concept appears in section 112(d)(3) of the CAA. For new sources,
the MACT floor cannot be less stringent than the HAP emissions control


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
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(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com

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