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| EPA/OAR | RIN: 2060-AU57 | Publication ID: Fall 2020 |
| Title: National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations RTR and Flexible Polyurethane Foam Production and Fabrication Area Sources Technology Review | |
| Abstract: This action would address the agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Flexible Polyurethane Foam Fabrication Operations and the agency's technology review for the Flexible Polyurethane Foam Production and Fabrication Area Sources NESHAP. The Flexible Polyurethane Foam Fabrication Operations NESHAP, 40 CFR part 63 subpart MMMMM, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on April 14, 2003. The NESHAP for Flexible Polyurethane Production and Fabrication Operations (area sources) were promulgated on July 16, 2007 (72 FR 38864) and codified at 40 CFR part 63, subpart OOOOOO. The major source NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from loop slitter adhesive use and flame lamination. The HAP emitted from loop slitter adhesive use and flame lamination include methylene chloride and hydrochloric acid. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). The area source NESHAP for Foam Production and Fabrication established generally available control technology (GACT) standards to address methylene chloride emissions from slabstock polyurethane foam production, molded polyurethane foam production, rebond foam production, and foam fabrication adhesive use. The statute directs the EPA to promulgate emission standards under CAA 112(f)(2) if such standards are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. Any such standards are to be promulgated within 8 years after promulgation of MACT standards under CAA section 112(d). CAA section 112(d)(6) requires the EPA to review and revise the MACT and GACT standards as necessary, taking into account developments in practices, processes, and control technologies, no less often than every 8 years. Pursuant to a court order (Community In-Power and Development Association v. Pruitt, No. 16-cv-1074KBJ (D.D.C. 2018)), the EPA is obligated to complete this final action by October 1, 2021. | |
| Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: Undetermined |
| EO 13771 Designation: Not subject to, not significant | |
| CFR Citation: 40 CFR 63 | |
| Legal Authority: 42 U.S.C. 7412 Clean Air Act | |
Legal Deadline:
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Small Entities Affected: Undetermined | Federalism: Undetermined |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Keith Barnett Environmental Protection Agency Office of Air and Radiation D243-04, Research Triangle Park, NC 27711 Phone:919 541-5605 Fax:919 541-4991 Email: barnett.keith@epa.gov |
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