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EPA/OAR

RIN: 2060-AU57

Publication ID: Spring 2021

Title: National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations RTR and Flexible Polyurethane Foam Production and Fabrication Area Source 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 (major sources) 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, were promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on April 14, 2003. The NESHAP for Flexible Polyurethane Production and Fabrication (area sources), 40 CFR part 63 subpart OOOOOO, were promulgated on July 16, 2007. 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 included 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 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 in order 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: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 63
Legal Authority: 42 U.S.C. 7412 Clean Air Act

Legal Deadline:

Action	Source	Description	Date
Final	Judicial	16-cv-01074-KBJ; 3/31/18.	10/01/2021

Timetable:

Action	Date	FR Cite
NPRM	01/11/2021	86 FR 1868
NPRM Comment Period Extended	02/23/2021	86 FR 10909
NPRM Comment Period End	02/25/2021
NPRM Comment Period Extended End	03/24/2021
Final Rule	10/00/2021

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
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