stringent standards that have resulted in changes to formulations being
used in those locations. However, temperature and humidity issues
experienced by other locations would make painting operations having to
comply with the more stringent limitations more difficult, more
expensive, and in some cases unachievable.
    There are many different coatings, and in some cases groups of
specific coatings, comprising each of the marine coating categories.
Over the past several years, there have been changes to some
formulations with HAP solvent reductions and solvent replacements, but
those are coating and manufacturer specific and not reflective of the
entire marine coating category.\33\
---------------------------------------------------------------------------

    \33\ See following memos to the docket on cost-effectiveness of
control technologies: Cost Analyses for Add-on Controls for Surface
Coating Operations at Shipbuilding and Ship Repair Facilities, dated
September 2, 2010 and Affordability of Add-on Controls for
Shipbuilding and Ship Repair Source Category, dated October 18,
2010.
---------------------------------------------------------------------------

    Comment: A commenter stated the EPA recognizes that there are
``disparities in risks'' for certain minority and lower-income
individuals. For shipbuilding and ship repair, African Americans and
people below the poverty level face a cancer risk of at least 1-in-1
million at a higher rate than their representation in the population.
The EPA must consider potential ways to address the disproportionate
impact on minority individuals and communities in deciding whether the
likelihood of cancer risk is ``acceptable'' and whether there is action
that could provide an ``ample margin of safety'' for these individuals
and communities. Indeed, the EPA has recognized this since the
development of the Benzene NESHAP, although it has failed to take
action to address this (citing Benzene NESHAP factors, including
``overall incidence of cancer or other serious health effects within
the exposed population[hellip] other quantified or unquantified health
effects''). These additional factors are supposed to be used in
addition to the MIR. It is neither acceptable, nor just, to avoid the
need to reduce the correlation between race or income level and a
disproportionate risk of cancer from toxic air pollution. The EPA's
proposals for inaction, in the face of the recognized disparities,
contradict the Administrator's professed commitment to ``fair
treatment'' (EJ Guidance, infra note 30, at 3). With the knowledge it
has, the EPA must, at minimum, consider the amount of background
pollution faced by, and baseline health of, racial minorities and
communities affected by these two source categories, including for the
types of health effects that these HAP emissions have potential to
exacerbate. These types of health data are readily available for the
EPA to factor into its analysis and to use in proposing a regulatory
response to the disproportionate risk found. It would be arbitrary and
capricious to propose to take no further action at all after finding
these disparities for both source categories.
    The commenter supports the EPA's effort to gather demographic data.
Merely looking at these numbers in a simplistic manner, however, is no
substitute for a true environmental justice (EJ) analysis. The EPA
should develop and undertake an actual analysis of the location and
community effects of these source categories. It has sufficient data on
the locations of these facilities to undertake an analysis of the
effect of their emissions on the maximum exposed individual, the
history of pollution faced in the most affected community, and to
consider how to set a just standard in view of these lasting harms.
    Response: The demographic analysis found that African Americans and
people below the poverty line may be somewhat disproportionately
impacted by facilitywide air toxics emissions; however, emissions from
the source category itself contribute minimally to these impacts. The
EPA also found the overall level of risk from both source categories to
be acceptable and to provide an ample margin of safety for all
populations in close proximity to these sources. As noted previously,
the EPA's ability to quantitatively assess impacts on EJ communities is
evolving.

VI. Impacts of the Final Rules

    We estimate the only compliance costs for these amendments to the
Shipbuilding and Ship Repair (Surface Coating) MACT standard to be
those costs associated with facilities that choose to take advantage of
the affirmative defense although there is no expectation that a
facility will have a need for affirmative defense in this source
category. These estimated costs are $3,141 per year, and are discussed
in section VII.B. For these amendments to the Wood Furniture
Manufacturing Operations MACT standards, we estimate the compliance
costs to be $188,000 per year for the formaldehyde limit reporting and
recordkeeping provisions, and $3,141 for facilities that choose to take
advantage of the affirmative defense although there is no expectation
that a facility will have a need for affirmative defense in this source
category. These costs are discussed in section VII.B.

VII. Statutory and Executive Order Reviews

A. Executive Orders 12866: Regulatory Planning and Review, and
Executive Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action.'' Accordingly, the EPA
submitted this action to the Office of Management and Budget (OMB) for
review under Executive Order 12866 and Executive Order 13563 (76 FR
3821, January 21, 2011), and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in the final rules have
been submitted for approval to OMB under the PRA, 44 U.S.C. 3501, et
seq. The information collection requirements are not enforceable until
OMB approves them.
    The information requirements are based on notification,
recordkeeping and reporting requirements in the NESHAP 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 by 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 is safeguarded according to agency
policies set forth in 40 CFR part 2, subpart B.
    These final rules would require maintenance inspections of the
control devices but would not require any notifications or reports
beyond those required by the General Provisions. The recordkeeping
requirements require only the specific information needed to determine
compliance.
    When a malfunction occurs, sources must report them according to
the

applicable reporting requirements of 40 CFR part 63, subparts II and
JJ. An affirmative defense to civil penalties for exceedances of
emission limits that are caused by malfunctions is available to a
source if it can demonstrate that certain criteria and requirements are
satisfied. The criteria ensure that the affirmative defense is
available only where the event that causes an exceedance of the
emission limit meets the narrow definition of malfunction in 40 CFR
63.2 (sudden, infrequent, not reasonable preventable, and not caused by
poor maintenance and or careless operation) and where the source took
necessary actions to minimize emissions. In addition, the source must
meet certain notification and reporting requirements. For example, the
source must prepare a written root cause analysis and submit a written
report to the Administrator documenting that it has met the conditions
and requirements for assertion of the affirmative defense.
    To provide the public with an estimate of the relative magnitude of
the burden associated with an assertion of the affirmative defense
position adopted by a source, the EPA provides an administrative
adjustment to these ICRs that estimates the costs of the notification,
recordkeeping and reporting requirements associated with the assertion
of the affirmative defense. The EPA's estimate for the required
notification, reports and records, including the root cause analysis,
associated with a single incident totals approximately $3,141, and is
based on the time and effort required of a source to review relevant
data, interview plant employees, and document the events surrounding a
malfunction that has caused an exceedance of an emission limit. The
estimate also includes time to produce and retain the records and
reports for submission to the EPA. The EPA provides this illustrative
estimate of this burden because these costs are only incurred if there
has been a violation and a source chooses to take advantage of the
affirmative defense.
    In these source categories, compliance is primarily achieved
through reformulation of the coating. Because of this a malfunction of
equipment, other than control devices, will not result in an exceedance
of the standard. As noted previously, there is a small percentage of
wood furniture facilities that use control devices for compliance;
malfunctions with these devices are unlikely due to limited number in
the industry compounding the unlikelihood of a malfunction. Therefore,
we assert that although a cost for affirmative defense is possible, we
believe that malfunctions are unlikely. Thus for these source
categories, the EPA is not assigning any burden associated with
affirmative defense.
    This burden estimate for Shipbuilding and Ship Repair (Surface
Coating) has been assigned EPA ICR number 1712.07 and for Wood
Furniture Manufacturing Operations has been assigned EPA ICR number
1716.08, and both have been updated to reflect the estimate cost of
availing the affirmative defense should a facility choose this option.
    For the Wood Furniture Manufacturing Operations MACT standards, the
ICR document prepared by the EPA has also been amended to include
burden changes associated with the amendments regarding the
formaldehyde limit added to the rule. The change in respondents' annual
reporting and recordkeeping burden associated with these amendments for
this collection (averaged over the first 3 years after the effective
date of the standards) is estimated to be 2,000 labor hours with a
total cost of $188,000 per year for the formaldehyde limit reporting
and recordkeeping provisions. There will be no capital costs associated
with the information collection requirements of the final rule.
    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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When these
ICRs are approved by OMB, the agency will publish a technical amendment
to 40 CFR part 9 in the Federal Register to display the OMB control
numbers for the approved information collection requirements contained
in the final rules.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act, or any
other statute, unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impact of these final rules on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's regulations at 13 CFR 121.201;
(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 these final rules on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The costs
associated with the new requirements in these final rules (i.e., the
formaldehyde use limit and conventional spray gun prohibition in the
Wood Furniture Manufacturing Operations standards) are negligible as
discussed above.

D. Unfunded Mandates Reform Act (UMRA)

    These rules do not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any 1 year.
Thus, these rules are not subject to the requirements of sections 202
or 205 of UMRA.
    These rules also do not contain regulatory requirements that might
significantly or uniquely affect small governments. They contain no
requirements that apply to such governments or impose obligations upon
them.

E. Executive Order 13132: Federalism

    This action 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 Executive Order 13132. These final rules primarily affect
private industry and do not impose significant economic costs on state
or local governments. Thus, Executive Order 13132 does not apply to
this action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
a substantial direct effect 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.
Thus, Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866, and because the EPA does not believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. This action will not relax the
control measures on existing regulated sources, and the EPA's risk
assessments (included in the docket for the proposed rules) demonstrate
that the existing regulations are associated with an acceptable level
of risk and an ample margin of safety to protect public health.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy. This action will not create any new requirements for
sources in the energy supply, distribution or use sectors. Further, we
have concluded that these final rules are not likely to have any
adverse energy effects.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA of 1995, Public Law Number 104-113,
12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus
standards (VCS) in its regulatory activities, unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,
through OMB, explanations when the agency decides not to use available
and applicable VCS.
    This action does not involve technical standards. Therefore, the
EPA did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on EJ. Its main provision directs federal
agencies, to the greatest extent practicable and permitted by law, to
make EJ part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of their programs, policies and activities on
minority populations and low-income populations in the United States.
    The EPA has determined that these final rules will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations, because we have
concluded that the existing rules adequately protect human health with
an adequate margin of safety and the final rules do not decrease the
level of protection provided to human health or the environment. To
examine the potential for any EJ issues that might be associated with
each source category, we evaluated the distributions of HAP-related
cancer risks across different social, demographic and economic groups
within the populations living near the facilities where these source
categories are located. Our analyses show that, for the two source
categories evaluated, there is no potential for an adverse
environmental effect or human health multi-pathway effects, and that
acute and chronic noncancer health impacts are unlikely. Our additional
analysis of facilitywide risks showed that the maximum facilitywide
cancer risks for all source categories are within the range of
acceptable risks and that the maximum chronic noncancer risks are
unlikely to cause health impacts. Although our additional analysis of
the demographics of the exposed population shows some disparities in
risks between demographic groups for both categories, the EPA has
determined that no group is exposed to an unacceptable level of risk.
    The rules will not relax the control measures on emissions sources
regulated by the rules, and therefore, will not increase risks to any
populations exposed to these emissions sources.

K. Congressional Review Act (CRA)

    The CRA, 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 final rule and other
required information to the United States Senate, the United States
House of Representatives, and the Comptroller General of the United
States prior to publication of the final rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published 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 November 21, 2011.

List of Subjects for 40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: November 4, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, Title 40, chapter I, of the
Code of Federal Regulations (CFR) is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart II--[Amended]

0
2. Section 63.781 is amended by revising paragraph (d) to read as
follows:

Sec.  63.781  Applicability.

* * * * *
    (d) If you are authorized in accordance with 40 CFR 63.783(c) to
use an add-on control system as an alternative means of limiting
emissions from coating operations, in response to an action to enforce
the standards set forth in this subpart, you may assert an affirmative
defense to a claim for civil penalties for exceedances of such
standards that are caused by a malfunction, as defined in 40 CFR 63.2.
Appropriate penalties may be assessed, however, if you fail to meet
your burden of proving all the requirements in the affirmative defense.
The affirmative defense shall not be available in response to claims
for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, you must timely meet the notification requirements in
paragraph (d)(2) of this section, and must prove by a preponderance of
evidence that:
    (i) The excess emissions:
    (A) Were caused by a sudden, infrequent and unavoidable failure of
air pollution control and monitoring equipment, process equipment or a
process to operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper
design

or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (iii) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the affected source was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose
of which is to determine, correct and eliminate the primary causes of
the malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (2) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(d)(1) of this section. The owner or operator may seek an extension of
this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.

0
3. Section 63.782 is amended by adding a definition for ``affirmative
defense'' to read as follows:

Sec.  63.782  Definitions.

* * * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or a defense put forward by a defendant,
regarding which the defendant has the burden of proof, and the merits
of which are independently and objectively evaluated in a judicial or
administrative proceeding.
* * * * *

0
4. Section 63.783 is amended by redesignating paragraphs (b)(1) and
(b)(2) as (b)(2) and (b)(3) and adding a new paragraph (b)(1) to read
as follows:

Sec.  63.783  Standards.

* * * * *
    (b) * * *
    (1) At all times the owner or operator must operate and maintain
any affected source, including associated air pollution control
equipment and monitoring equipment, in a manner consistent with safety
and good air pollution control practices for minimizing emissions.
Determination of whether such operation and maintenance procedures are
being used will be based on information available to the Administrator
which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source.
* * * * *

0
5. Section 63.785 is amended by adding paragraph (e) before Figure 1 to
Sec.  63.785 to read as follows:

Sec.  63.785  Compliance procedures.

* * * * *
    (e) Continuous compliance requirements. You must demonstrate
continuous compliance with the emissions standards and operating limits
by using the performance test methods and procedures in Sec.  63.786
for each affected source.
    (1) General requirements.
    (i) You must monitor and collect data, and provide a site specific
monitoring plan, as required by Sec. Sec.  63.783, 63.785, 63.786 and
63.787.
    (ii) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating, and periods of
malfunction. Any period for which data collection is required and the
operation of the Continuous Emissions Monitoring System (CEMS) is not
otherwise exempt and for which the monitoring system is out-of-control
and data are not available for required calculations constitutes a
deviation from the monitoring requirements.
    (iii) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions or
required monitoring system quality assurance or control activities in
calculations used to report emissions or operating levels. A monitoring
system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. The owner or operator must
use all the data collected during all other periods in assessing the
operation of the control device and associated control system.
    (2) [Reserved]
* * * * *

0
6. Section 63.786 is amended by adding paragraph (e) to read as
follows:

Sec.  63.786  Test methods and procedures.

* * * * *
    (e) For add-on control systems approved for use in limiting
emissions from coating operations pursuant to Sec.  63.783(c),
performance tests shall be conducted under such conditions as the
Administrator specifies to the owner or operator based on
representative performance of the affected source for the period being
tested. Upon request, the owner or operator shall make available to the
Administrator such records as may be necessary to demonstrate the
conditions present during performance tests.

0
7. Section 63.788 is amended by adding paragraph (b)(5) and revising
paragraph (c) to read as follows:

Sec.  63.788  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (5) Each owner or operator that receives approval pursuant to Sec.
63.783(c) to use an add-on control system to control coating emissions
shall maintain records of the occurrence and duration of each
malfunction of operation (i.e., process equipment) or the required air
pollution control and monitoring equipment. Each owner or operator
shall maintain records of actions taken during periods of malfunction
to minimize emissions in accordance with Sec.  63.783(b)(1), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.
    (c) Reporting requirements. Before the 60th day following
completion of each 6 month period after the compliance date specified
in Sec.  63.784, each owner or operator of an affected source shall
submit a report to the Administrator for each of the previous 6 months.
The report shall include all of the information that must be retained
pursuant to paragraphs (b)(2) through (3) of this section, except for
that information specified in paragraphs (b)(2)(i) through (ii),
(b)(2)(v), (b)(3)(i)(A), (b)(3)(ii)(A), and (b)(3)(iii)(A). If a
violation at an affected source is detected, the owner or operator of
the affected source shall also report the information specified in
paragraph (b)(4) of this section for the reporting period during which
the violation(s) occurred. To the extent possible, the report shall be
organized according to the compliance procedure(s) followed each month
by the affected source. If there was a malfunction during the reporting
period, the report must also include the number, duration and a brief
description of each malfunction which occurred during the reporting
period and which caused or may have caused any applicable emission
limitation to be exceeded. The report must also include a description
of actions taken by an owner or operator during a malfunction of an
affected source to minimize emissions in accordance with Sec.
63.783(b)(1), including actions taken to correct a malfunction.

0
8. Table 1 to subpart II of part 63 is amended by:
0
a. Removing entry 63.6(e)-(f);
0
b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii),
63.6(e)(2), 63.6(e)(3), 63.6(f)(1), and 63.6(f)(2)-(f)(3);
0
c. Removing entry 63.7;
0
d. Adding entries 63.7(a)-(d), 63.7(e)(1), and 63.7(e)(2)-(e)(4);
0
e. Revising entry 63.8;
0
f. Removing entry 63.10(a)-(b);
0
g. Adding entries 63.10(a), 63.10(b)(1), 63.10(b)(2)(i),
63.10(b)(2)(ii), 63.10(b)(2)(iii), 63.10(b)(2)(iv)-(b)(2)(v),
63.10(b)(2)(vi)-(b)(2)(xiv), and 63.10(b)(3);
0
h. Removing entry 63.10(c);
0
i. Adding entries 63.10(c)(1)-(9), 63.10(c)(10)-(11), 63.10(c)(12)-
(14), and 63.10(c)(15);
0
j. Removing entry 63.10(d); and
0
k. Adding entries 63.10(d)(1)-(4) and 63.10(d)(5).
    The revisions read as follows:

 Table 1--To Subpart II of Part 63--General Provisions of Applicability
                              to Subpart II
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart II            Comment
------------------------------------------------------------------------

                              * * * * * * *
63.6(e)(1)(i).................  No...............  See Sec.
                                                    63.783(b)(1) for
                                                    general duty
                                                    requirement.
63.6(e)(1)(ii)................  No.                .....................
63.6(e)(1)(iii)...............  Yes.               .....................
63.6(e)(2)....................  No...............  Section reserved.
63.6(e)(3)....................  No.                .....................
63.6(f)(1)....................  No.                .....................
63.6(f)(2)-(f)(3).............  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then this
                                                    section does apply.

                              * * * * * * *
63.7(a)-(d)...................  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then
                                                    these sections do
                                                    apply.
63.7(e)(1)....................  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then see
                                                    Sec.   63.786(e).
63.7(e)(2)-(e)(4).............  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then
                                                    these sections do
                                                    apply.

                              * * * * * * *
63.8..........................  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then this
                                                    section does apply,
                                                    with the exception
                                                    of Sec.
                                                    63.8(c)(1)(i), Sec.
                                                     63.8(c)(1)(iii),
                                                    and the last
                                                    sentence of Sec.
                                                    63.8(d)(3).

                              * * * * * * *
63.10(a)......................  Yes.               .....................
63.10(b)(1)...................  Yes.               .....................
63.10(b)(2)(i)................  No.                .....................

63.10(b)(2)(ii)...............  No...............  See Sec.
                                                    63.788(b)(5) for
                                                    recordkeeping of
                                                    occurrence,
                                                    duration, and
                                                    actions taken during
                                                    malfunctions.
63.10(b)(2)(iii)..............  Yes.               .....................
63.10(b)(2)(iv)-(b)(2)(v).....  No.                .....................
63.10(b)(2)(vi)-(b)(2)(xiv)...  Yes.               .....................
63.10(b)(3)...................  Yes.               .....................
63.10(c)(1)-(9)...............  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then
                                                    these sections do
                                                    apply.
63.10(c)(10)-(11).............  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then see
                                                    Sec.   63.788(b)(5)
                                                    for records of
                                                    malfunctions.
63.10(c)(12)-(14).............  No...............  If an alternative
                                                    means of limiting
                                                    emissions (e.g., an
                                                    add-on control
                                                    system) is used to
                                                    comply with subpart
                                                    II in accordance
                                                    with Sec.
                                                    63.783(c), then
                                                    these sections do
                                                    apply.
63.10(c)(15)..................  No.                .....................
63.10(d)(1)-(4)...............  Yes.               .....................
63.10(d)(5)...................  No...............  See Sec.   63.788(c)
                                                    for reporting
                                                    malfunctions.

                              * * * * * * *
------------------------------------------------------------------------

0
9. Table 3 to subpart II of part 63 is amended by revising entry
``Determination of whether containers meet the standards described in
Sec.  63.783(b)(2)'' to read as follows:

           Table 3 to Subpart II of Part 63--Summary of Recordkeeping and Reporting Requirements a b c
----------------------------------------------------------------------------------------------------------------
                                                     All Opts.       Option 1        Option 2        Option 3
                   Requirement                   ---------------------------------------------------------------
                                                    Rec     Rep     Rec     Rep     Rec     Rep     Rec     Rep
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Determination of whether containers meet the          X       X   ......  ......  ......  ......  ......  ......
 standards described in Sec.   63.783(b)(3).....

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Affected sources that comply with the cold-weather limits must record and report additional information, as
  specified in Sec.   63.788(b)(3)(ii)(C), (iii)(C), and (iv)(D).
\b\ Affected sources that detect a violation must record and report additional information, as specified in Sec.
    63.788(b)(4).
\c\ OPTION 4: The recordkeeping and reporting requirements of Option 4 are identical to those of Options 1, 2,
  or 3, depending on whether and how thinners are used. However, when using Option 4, the term volatile organic
  hazardous air pollutants ``VOHAP'' shall be used in lieu of the term Volatile Organic Compounds ``VOC,'' and
  the owner or operator shall record and report the Administrator-approved VOHAP test method or certification
  procedure.

* * * * *

Subpart JJ--[AMENDED]

0
10. Section 63.800 is amended by:
0
a. Redesignating paragraphs (f) and (g) as paragraphs (h) and (i);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f);
0
c. Adding new paragraphs (d) and (g); and
0
d. Adding paragraph (j) to read as follows:

Sec.  63.800  Applicability.

* * * * *
    (d) This subpart does not apply to any surface coating or coating
operation that meets any of the criteria of paragraphs (d)(1) through
(4) of this section.
    (1) Surface coating of metal parts and products other than metal
components of wood furniture that meets the applicability criteria for
miscellaneous metal parts and products surface coating (subpart MMMM of
this part).
    (2) Surface coating of plastic parts and products other than
plastic components of wood furniture that meets the applicability
criteria for plastic parts and products surface coating (subpart PPPP
of this part).
    (3) Surface coating of wood building products that meets the
applicability criteria for wood building products surface coating
(subpart QQQQ of this part). The surface coating of millwork and trim
associated with cabinet manufacturing are subject to subpart JJ.
    (4) Surface coating of metal furniture that meets the applicability
criteria for metal furniture surface coating (subpart RRRR of this
part). Surface coating of metal components of wood furniture performed
at a wood furniture or wood furniture component manufacturing facility
are subject to subpart JJ.
* * * * *
    (g) Existing affected sources shall be in compliance with Sec.
63.802(a)(4) and Sec.  63.803(h) no later than November 21, 2014. The
owner or operator of an existing area source that increases its
emissions of (or its potential to emit) hazardous air pollutants (HAP)
such that the source becomes a major source that is subject to this
subpart shall

comply with this subpart 1 year after becoming a major source.
* * * * *
    (j) If the owner or operator, in accordance with 40 CFR 63.804,
uses a control system as a means of limiting emissions, in response to
an action to enforce the standards set forth in this subpart, you may
assert an affirmative defense to a claim for civil penalties for
exceedances of such standards that are caused by malfunction, as
defined in 40 CFR 63.2. Appropriate penalties may be assessed, however,
if the respondent fails to meet its burden of proving all the
requirements in the affirmative defense. The affirmative defense shall
not be available for claims for injunctive relief.
    (1) To establish the affirmative defense in any action to enforce
such a limit, the owner or operator must timely meet the notification
requirements in paragraph (j)(2) of this section, and must prove by a
preponderance of evidence that:
    (i) The excess emissions:
    (A) Were caused by a sudden, infrequent, and unavoidable failure of
air pollution control and monitoring equipment, process equipment, or a
process to operate in a normal or usual manner; and
    (B) Could not have been prevented through careful planning, proper
design or better operation and maintenance practices; and
    (C) Did not stem from any activity or event that could have been
foreseen and avoided, or planned for; and
    (D) Were not part of a recurring pattern indicative of inadequate
design, operation, or maintenance; and
    (ii) Repairs were made as expeditiously as possible when the
applicable emission limitations were being exceeded. Off-shift and
overtime labor were used, to the extent practicable to make these
repairs; and
    (iii) The frequency, amount and duration of the excess emissions
(including any bypass) were minimized to the maximum extent practicable
during periods of such emissions; and
    (iv) If the excess emissions resulted from a bypass of control
equipment or a process, then the bypass was unavoidable to prevent loss
of life, personal injury, or severe property damage; and
    (v) All possible steps were taken to minimize the impact of the
excess emissions on ambient air quality, the environment, and human
health; and
    (vi) All emissions monitoring and control systems were kept in
operation if at all possible, consistent with safety and good air
pollution control practices; and
    (vii) All of the actions in response to the excess emissions were
documented by properly signed, contemporaneous operating logs; and
    (viii) At all times, the facility was operated in a manner
consistent with good practices for minimizing emissions; and
    (ix) A written root cause analysis has been prepared, the purpose
of which is to determine, correct and eliminate the primary causes of
the malfunction and the excess emissions resulting from the malfunction
event at issue. The analysis shall also specify, using best monitoring
methods and engineering judgment, the amount of excess emissions that
were the result of the malfunction.
    (2) Notification. The owner or operator of the facility
experiencing an exceedance of its emission limit(s) during a
malfunction shall notify the Administrator by telephone or facsimile
(FAX) transmission as soon as possible, but no later than 2 business
days after the initial occurrence of the malfunction, if it wishes to
avail itself of an affirmative defense to civil penalties for that
malfunction. The owner or operator seeking to assert an affirmative
defense shall also submit a written report to the Administrator within
45 days of the initial occurrence of the exceedance of the standard in
this subpart to demonstrate, with all necessary supporting
documentation, that it has met the requirements set forth in paragraph
(h)(1) of this section. The owner or operator may seek an extension of
this deadline for up to 30 additional days by submitting a written
request to the Administrator before the expiration of the 45 day
period. Until a request for an extension has been approved by the
Administrator, the owner or operator is subject to the requirement to
submit such report within 45 days of the initial occurrence of the
exceedance.

0
11. Section 63.801 is amended by:
0
a. Adding a definition for ``affirmative defense'' and ``low-
formaldehyde'' and revising the definition for ``wood furniture'' in
paragraph (a); and
0
b. Adding paragraphs (b)(24) through (b)(28).
    The additions and revisions read as follows:

Sec.  63.801  Definitions.

    (a) * * *
    Affirmative defense means, in the context of an enforcement
proceeding, a response or defense put forward by a defendant, regarding
which the defendant has the burden of proof and the merits of which are
independently and objectively evaluated in a judicial or administrative
proceeding.
* * * * *
    Low-formaldehyde means, in the context of a coating or contact
adhesive, a product concentration of less than or equal to 1.0 percent
formaldehyde by weight, as described in a certified product data sheet
for the material.
* * * * *
    Wood furniture means any product made of wood, a wood product such
as rattan or wicker, or an engineered wood product such as
particleboard that is manufactured at any facility that is engaged,
either in part or in whole, in the manufacture of wood furniture or
wood furniture components, including, but not limited to, facilities
under any of the following standard industrial classification codes:
2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712.
* * * * *
    (b) * * *
    (24) Cf = the formaldehyde content of a finishing
material (c), in pounds of formaldehyde per gallon of coating (lb/gal).
    (25) Ftotal = total formaldehyde emissions in each
rolling 12 month period.
    (26) Gf = the formaldehyde content of a contact adhesive
(g), in pounds of formaldehyde per gallon of contact adhesive (lb/gal).
    (27) Vc = the volume of formaldehyde-containing
finishing material (c), in gal.
    (28) Vg = the volume of formaldehyde-containing contact
adhesive (g), in gal.

0
12. Section 63.802 is amended by adding paragraphs (a)(4), (b)(4), and
(c) to read as follows:

Sec.  63.802  Emission limits.

    (a) * * *
    (4) Limit formaldehyde emissions by complying with the provisions
specified in either paragraph (a)(4)(i) or (a)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings
and contact adhesives to no more than 400 pounds per rolling 12 month
period.
    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde coatings and adhesives, in any wood furniture
manufacturing operations.
    (b) * * *
    (4) Limit formaldehyde emissions by complying with the provisions
specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this section.
    (i) Limit total formaldehyde (Ftotal) use in coatings
and contact adhesives to no more than 400 pounds per rolling 12 month
period.

    (ii) Use coatings and contact adhesives only if they are low-
formaldehyde coatings and adhesives, in any wood furniture
manufacturing operations.
    (c) At all times, the owner or operator must operate and maintain
any affected source, including associated air pollution control
equipment and monitoring equipment, in a manner consistent with safety
and good air pollution control practices for minimizing emissions.
Determination of whether such operation and maintenance procedures are
being used will be based on information available to the Administrator
which may include, but is not limited to, monitoring results, review of
operation and maintenance procedures, review of operation and
maintenance records, and inspection of the source.

0
13. Section 63.803 is amended by revising paragraph (h) to read as
follows:

Sec.  63.803  Work practice standards.

* * * * *
    (h) Application equipment requirements. Each owner or operator of
an affected source shall not use conventional air spray guns except
when all emissions from the finishing application station are routed to
a functioning control device.
* * * * *

0
14. Section 63.804 is amended by adding paragraphs (g)(9) and (h) to
read as follows:

Sec.  63.804  Compliance procedures and monitoring requirements.

* * * * *
    (g) * * *
    (9) Continuous compliance requirements. You must demonstrate
continuous compliance with the emissions standards and operating limits
by using the performance test methods and procedures in Sec.  63.805
for each affected source.
    (i) General requirements. (A) You must monitor and collect data,
and provide a site specific monitoring plan as required by Sec. Sec.
63.804, 63.806 and 63.807.
    (B) Except for periods of monitoring system malfunctions, repairs
associated with monitoring system malfunctions, and required monitoring
system quality assurance or quality control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must operate the monitoring system and collect data at all required
intervals at all times the affected source is operating and periods of
malfunction. Any period for which data collection is required and the
operation of the CEMS is not otherwise exempt and for which the
monitoring system is out-of-control and data are not available for
required calculations constitutes a deviation from the monitoring
requirements.
    (C) You may not use data recorded during monitoring system
malfunctions, repairs associated with monitoring system malfunctions,
or required monitoring system quality assurance or control activities
in calculations used to report emissions or operating levels. A
monitoring system malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring system to provide valid data.
Monitoring system failures that are caused in part by poor maintenance
or careless operation are not malfunctions. The owner or operator must
use all the data collected during all other periods in assessing the
operation of the control device and associated control system.
    (ii) [Reserved]
    (h) The owner or operator of an existing or new affected source
subject to Sec.  63.802(a)(4) or (b)(4) shall comply with those
provisions by using either of the methods presented in Sec.
63.804(h)(1) and (2) if complying with Sec.  63.802(a)(4)(i) or
(b)(4)(i) or by using the method presented in Sec.  63.804(h)(3) if
complying with Sec.  63.802(a)(4)(ii) or (b)(4)(ii).
    (1) Calculate total formaldehyde emissions from all finishing
materials and contact adhesives used at the facility using Equation 5
and maintain a value of Ftotal no more than 400 pounds per
rolling 12 month period.
[GRAPHIC] [TIFF OMITTED] TR21NO11.000

    (2) Use a control system with an overall control efficiency (R)
such that the calculated value of Ftotal in Equation 6 is no
more than 400 pounds per rolling 12 month period.
[GRAPHIC] [TIFF OMITTED] TR21NO11.001

    (3) Demonstrate compliance by use of coatings and contact adhesives
only if they are low-formaldehyde coatings and contact adhesives
maintaining a certified product data sheet for each coating and contact
adhesive used, as required by Sec.  63.806(b)(1), and submitting a
compliance certification with the semiannual report required by Sec.
63.807(c).
    (i) The compliance certification shall state that low-formaldehyde
coatings and contact adhesives, as applicable, have been used each day
in the semiannual reporting period or should otherwise identify the
periods of noncompliance and the reasons for noncompliance. An affected
source is in violation of the standard whenever a coating or contact
adhesive that is not low-formaldehyde, as demonstrated by records or by
a sample of the coating or contact adhesive, is used. Use of a
noncompliant coating or contact adhesive is a separate violation for
each day the noncompliant coating or contact adhesive is used.
    (ii) The compliance certification shall be signed by a responsible
official of the company that owns or operates the affected source.

0
15. Section 63.805 is amended by redesignating paragraph (a) as
paragraph (a)(1) and adding paragraph (a)(2) to read as follows:

Sec.  63.805  Performance test methods.

    (a)(1) * * *
    (2) Performance tests shall be conducted under such conditions as
the Administrator specifies to the owner or operator based on
representative performance of the affected source for the period being
tested. Upon request, the owner or operator shall make available to the
Administrator such records as may be necessary to determine the
conditions of performance tests.
* * * * *

0
16. Section 63.806 is amended by removing and reserving paragraph
(e)(4) and adding paragraphs (b)(4) and (k) to read as follows:

Sec.  63.806  Recordkeeping requirements.

* * * * *
    (b) * * *
    (4) The formaldehyde content, in lb/gal, as applied, of each
finishing material and contact adhesive subject to the emission limits
in Sec.  63.802(a)(4) or (b)(4) and chooses to comply with the 400 lb/
yr limits on formaldehyde in Sec.  63.802(a)(4) (i) or (b)(4)(i).
* * * * *
    (k) The owner or operator of an affected source subject to this
subpart shall maintain records of the occurrence and duration of each
malfunction of operation (i.e., process equipment) or the air pollution
control equipment and monitoring equipment. The owner or operator shall
maintain records of actions taken during periods of malfunction to
minimize emissions in accordance with Sec.  63.802(c), including
corrective actions to restore malfunctioning process and air pollution
control and monitoring equipment to its normal or usual manner of
operation.

0
17. Section 63.807 is amended by revising paragraphs (c) introductory
text and (c)(3) and the first sentence in paragraph (d) to read as
follows:

Sec.  63.807  Reporting requirements.

* * * * *
    (c) The owner or operator of an affected source demonstrating
compliance in accordance with Sec.  63.804(g)(1), (2), (3), (5), (7),
(8), (h)(1), and (h)(3) shall submit a report covering the previous 6
months of wood furniture manufacturing operations.
* * * * *
    (3) The semiannual reports shall include the information required
by Sec.  63.804(g) (1), (2), (3), (5), (7), (8), (h)(1), and (h)(3), a
statement of whether the affected source was in compliance or
noncompliance, and, if the affected source was in noncompliance, the
measures taken to bring the affected source into compliance. If there
was a malfunction during the reporting period, the report shall also
include the number, duration and a brief description for each type of
malfunction which occurred during the reporting period and which caused
or may have caused any applicable emission limitation to be exceeded.
The report must also include a description of actions taken by an owner
or operator during a malfunction of an affected source to minimize
emissions in accordance with Sec.  63.802(c), including actions taken
to correct a malfunction.
* * * * *
    (d) The owner or operator of an affected source demonstrating
compliance in accordance with Sec.  63.804(g)(4), (6), and (h)(2) of
this subpart shall submit the excess emissions and continuous
monitoring system performance report and summary report required by
Sec.  63.10(e) of subpart A. * * *
* * * * *

0
18. Table 1 to Subpart JJ of part 63 is amended by:
0
a. Removing entry 63.6(e)(1);
0
b. Adding entries 63.6(e)(1)(i), 63.6(e)(1)(ii), 63.6(e)(1)(iii);
0
c. Revising entries 63.6(e)(2) and (e)(3);
0
d. Removing entries 63.7 and 63.8;
0
e. Adding entries 63.7(a)-(d), 63.7(e)(1), 63.7(e)(2)-(e)(4), 63.8(a)-
(b), 63.8(c)(1)(i), 63.8(c)(1)(ii), 63.8(c)(1)(iii), 63.8(c)(2)-(d)(2),
63.8(d)(3), and 63.8(e)-(g);
0
f. Removing entry 63.10(b)(2);
0
g. Adding entries 63.10(b)(2)(i), 63.10(b)(2)(ii), 63.10(b)(2)(iii),
63.10(b)(2)(iv)-(b)(2)(v), 63.10(b)(2)(vi)-(b)(2)(xiv);
0
h. Removing entry 63.10(c);
0
i. Adding entries 63.10(c)(1)-(9), 63.10(c)(10)-(11), 63.10(c)(12)-
(c)(14), and 63.10(c)(15); and
0
j. Revising entry 63.10(d)(5) to read as follows:

  Table 1 to Subpart JJ of Part 63--General Provisions Applicability to
                               Subpart JJ
------------------------------------------------------------------------
                                    Applies to
           Reference                subpart JJ            Comment
------------------------------------------------------------------------

                              * * * * * * *
63.6(e)(1)(i).................  No...............  See Sec.   63.802(c)
                                                    for general duty
                                                    requirement.
63.6(e)(1)(ii)................  No.                .....................
63.6(e)(1)(iii)...............  Yes.               .....................
63.6(e)(2)....................  No...............  Section reserved.
63.6(e)(3)....................  No.                .....................
63.6(f)(1)....................  No.                .....................
63.7(a)-(d)...................  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.7(e)(1)....................  No...............  See Sec.
                                                    63.805(a)(1).
63.7(e)(2)-(e)(4).............  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.8(a)-(b)...................  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.8(c)(1)(i).................  No.                .....................
63.8(c)(1)(ii)................  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.8(c)(1)(iii)...............  No.                .....................
63.8(c)(2)-(d)(2).............  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.8(d)(3)....................  Yes, except for    Applies only to
                                 last sentence.     affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.8(e)-(g)...................  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.

                              * * * * * * *
63.10(b)(2)(i)................  No.                .....................
63.10(b)(2)(ii)...............  No...............  See Sec.   63.806(k)
                                                    for recordkeeping of
                                                    occurrence and
                                                    duration of
                                                    malfunctions and
                                                    recordkeeping of
                                                    actions taken during
                                                    malfunctions.
63.10(b)(2)(iii)..............  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.
63.10(b)(2)(iv)-(b)(2)(v).....  No.                .....................
63.10(b)(2)(vi)-(b)(2)(xiv)...  Yes..............  Applies only to
                                                    affected sources
                                                    using a control
                                                    device to comply
                                                    with the rule.

                              * * * * * * *
63.10(c)(1)-(9)...............  Yes.               .....................
63.10(c)(10)-(11).............  No...............  See Sec.   63.806(k)
                                                    for recordkeeping of
                                                    malfunctions.
63.10(c)(12)-(14).............  Yes.               .....................
63.10(c)(15)..................  No.                .....................

                              * * * * * * *
63.10(d)(5)...................  No...............  See Sec.
                                                    63.807(c)(3) for
                                                    reporting of
                                                    malfunctions.

                              * * * * * * *
------------------------------------------------------------------------

0
19. Table 3 to Subpart JJ of part 63 is amended by adding an entry for
``All Finishing Operations and Contact Adhesives'' following the entry
for ``Contact Adhesives'' to read as follows:

      Table 3 to Subpart JJ of Part 63--Summary of Emission Limits
------------------------------------------------------------------------
           Emission point              Existing source     New source
------------------------------------------------------------------------

                              * * * * * * *
All Finishing Operations and Contact
 Adhesives:
    (a) Achieve total free                         400               400
     formaldehyde emissions across
     all finishing operations and
     contact adhesives, lb per
     rolling 12 month period, as
     applied........................
    (b) Use coatings and contact               \f\ 1.0           \f\ 1.0
     adhesives only if they are low-
     formaldehyde coatings and
     contact adhesives..............

                              * * * * * * *

                              * * * * * * *
------------------------------------------------------------------------
\f\ The limits refer to the formaldehyde content by weight of the
  coating or contact adhesive, as specified on certified product data
  sheets.

[FR Doc. 2011-29457 Filed 11-18-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Notices]
[Page 22783-22785]
[DOCID:fr30ap10-71]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0378; FRL-8823-4]

FIFRA Scientific Advisory Panel; Notice of Public Meeting

 AGENCY: Environmental Protection Agency (EPA).

 ACTION: Notice.

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

 SUMMARY: There will be a 1-day meeting of the Federal Insecticide,
Fungicide, and Rodenticide Act. Scientific Advisory Panel (FIFRA SAP)
to consider and review a set of scientific issues related to the
Comparative Adult and Juvenile Sensitivity Toxicity Protocols for
Pyrethroids.

 DATES: The meeting will be held on July 23, 2010, from 8:30 a.m. to
approximately 5 p.m.
    Comments. The Agency encourages that written comments be submitted
by July 8, 2010 and requests for oral comments be submitted by July 15,
2010. However, written comments and requests to make oral comments may
be submitted until the date of the meeting, but anyone submitting
written comments after July 8, 2010 should contact the Designated
Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT.
For additional instructions, see Unit I.C. of the SUPPLEMENTARY
INFORMATION.
    Nominations. Nominations of candidates to serve as ad hoc members
of FIFRA SAP for this meeting should be provided on or before May 14,
2010.
     Webcasting. This meeting may be webcast. Please refer to the FIFRA
SAP's website, http://www.epa.gov/scipoly/SAP/ for information on how
to access the webcast. Please note that the webcast is a supplementary
public process provided only for convenience. If difficulties arise
resulting in webcasting outages, the meeting will continue as planned.
    Special accommodations. For information on access or services for
individuals with disabilities, and to request accommodation of a
disability, please contact the DFO listed under FOR FURTHER INFORMATION
CONTACT at least 10 days prior to the meeting to give EPA as much time
as possible to process your request.

ADDRESSES: The meeting will be held at the Environmental Protection
Agency, Conference Center, Lobby Level, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA 22202.
    Comments. Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0378, by one of the following methods:
      Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
      Mail: Office of Pesticide Programs (OPP) Regulatory
Public Docket (7502P), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions. Direct your comments to docket ID number EPA-HQ-OPP-
2010-0378. If your comments contain any information that you consider
to be CBI or otherwise protected, please contact the DFO listed under
FOR FURTHER INFORMATION CONTACT to obtain special instructions before
submitting your comments. EPA's policy is that all comments received
will be included in the docket without change and may be made available
on-line at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.
    Nominations, requests to present oral comments, and requests for
special accommodations. Submit nominations to serve as ad hoc members
of FIFRA SAP, requests for special seating accommodations, or requests
to present oral comments to the DFO listed under FOR FURTHER
INFORMATION CONTACT.

 FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, DFO, Office of
Science Coordination and Policy (7201M), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
 SUPPLEMENTARY INFORMATION:

 I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to persons who are or may be required to
conduct testing of chemical substances under the Federal Food, Drug,
and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of
1996 (FQPA). Since other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the DFO
listed under FOR FURTHER INFORMATION CONTACT.

 B. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     2. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

 C. How May I Participate in this Meeting?

    You may participate in this meeting by following the instructions
in this unit. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-OPP-2010-0378 in the subject line
on the first page of your request.
    1. Written comments. The Agency encourages that written comments be
submitted, using the instructions in ADDRESSES, no later than July 8,
2010, to provide FIFRA SAP the time necessary to consider and review
the written comments. Written comments are accepted until the date of
the meeting, but anyone submitting written comments after July 8, 2010
should contact the DFO listed under FOR FURTHER INFORMATION CONTACT.
Anyone submitting written comments at the meeting should bring 30
copies for distribution to FIFRA SAP.
    2. Oral comments. The Agency encourages that each individual or
group wishing to make brief oral comments to FIFRA SAP submit their
request to the DFO listed under FOR FURTHER INFORMATION CONTACT no
later than July 15, 2010, in order to be included on the meeting
agenda. Requests to present oral comments will be accepted until the
date of the meeting and, to the extent that time permits, the Chair of
FIFRA SAP may permit the presentation of oral comments at the meeting
by interested persons who have not previously requested time. The
request should identify the name of the individual making the
presentation, the organization (if any) the individual will represent,
and any requirements for audiovisual equipment (e.g., overhead
projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP
are limited to approximately 5 minutes unless prior arrangements have
been made. In addition, each speaker should bring 30 copies of his or
her comments and presentation slides for distribution to the FIFRA SAP
at the meeting.
    3. Seating at the meeting. Seating at the meeting will be open and
on a first-come basis.
    4. Request for nominations to serve as ad hoc members of FIFRA SAP
for this meeting. As part of a broader process for developing a pool of
candidates for each meeting, FIFRA SAP staff routinely solicits the
stakeholder community for nominations of prospective candidates for
service as ad hoc members of FIFRA SAP. Any interested person or
organization may nominate qualified individuals to be considered as
prospective candidates for a specific meeting. Individuals nominated
for this meeting should have expertise in one or more of the following
areas: pyrethroid pesticides, rodent and human metabolic enzymes and
their related ontogeny, in vitro pharmacokinetic studies, particularly
when used in risk assessment; voltage-gated sodium channels, ontogeny
and specificity; mode of action and risk assessment, and tissue
dosimetry. Nominees should be scientists who have sufficient
professional qualifications, including training and experience, to be
capable of providing expert comments on the scientific issues for this
meeting. Nominees should be identified by name, occupation, position,
address, and telephone number. Nominations should be provided to the
DFO listed under FOR FURTHER INFORMATION CONTACT on or before May 14,
2010. The Agency will consider all nominations of prospective
candidates for this meeting that are received on or before this date.
However, final selection of ad hoc members for this meeting is a
discretionary function of the Agency.
     The selection of scientists to serve on FIFRA SAP is based on the
function of the panel and the expertise needed to address the Agency's
charge to the panel. No interested scientists shall be ineligible to
serve by reason of their membership on any other advisory committee to
a Federal department or agency or their employment by a Federal
department or agency except the EPA. Other factors considered during
the selection process include availability of the potential panel
member to fully participate in the panel's reviews, absence of any
conflicts of interest or appearance of lack of impartiality,
independence with respect to the matters under review, and lack of
bias. Although financial conflicts of interest, the appearance of lack
of impartiality, lack of independence, and bias may result in
disqualification, the absence of such concerns does not assure that a
candidate will be selected to serve on FIFRA SAP. Numerous qualified
candidates are identified for each panel. Therefore, selection
decisions involve carefully weighing a number of factors including the
candidates' areas of expertise and professional qualifications and
achieving an overall balance of different scientific perspectives on
the panel. In order to have the collective breadth of experience needed
to address the Agency's charge for this meeting, the Agency anticipates
selecting approximately 12-15 ad hoc scientists.
    FIFRA SAP members are subject to the provisions of 5 CFR part 2634,
Executive Branch Financial Disclosure, as supplemented by the EPA in 5
CFR part 6401. In anticipation of this requirement, prospective
candidates for service on the FIFRA SAP will be asked to submit
confidential financial information which shall fully disclose, among
other financial interests, the candidate's employment, stocks and
bonds, and where applicable, sources of research support. The EPA will
evaluate the candidates financial disclosure form to assess whether
there are financial conflicts of interest, appearance of a lack of
impartiality or any prior involvement with the development of the
documents under consideration (including previous scientific peer
review) before the candidate is considered further for service on FIFRA
SAP. Those who are selected from the pool of prospective candidates
will be asked to attend the public meetings and to participate in the
discussion of key issues and assumptions at these meetings. In
addition, they will be asked to review and to help finalize the meeting
minutes. The list of FIFRA SAP members participating at this meeting
will be posted on the FIFRA SAP website at http://epa.gov/scipoly/sap
or may be obtained from the OPP Regulatory Public Docket at http://
www.regulations.gov.

 II. Background

 A. Purpose of FIFRA SAP

    FIFRA SAP serves as the primary scientific peer review mechanism of
EPA's Office of Chemical Safety and Pollution (OCSPP) and is structured
to provide scientific advice, information and recommendations to the
EPA Administrator on pesticides and pesticide-related issues as to the
impact of regulatory actions on health and the environment. FIFRA SAP
is a Federal advisory committee established in 1975 under FIFRA that
operates in accordance with requirements of the Federal Advisory
Committee Act. FIFRA SAP is composed of a permanent panel consisting of
seven members who are appointed by the EPA Administrator from nominees
provided by the National Institutes of Health and the National Science
Foundation. FIFRA, as amended by FQPA, established a Science Review
Board consisting of at least 60 scientists who are available to the SAP
on an ad hoc basis to assist in reviews conducted by the SAP. As a peer
review mechanism, FIFRA SAP provides comments, evaluations and
recommendations to improve the effectiveness and quality of analyses
made by Agency scientists. Members of FIFRA SAP are scientists who have
sufficient professional qualifications, including training and
experience, to provide expert advice and recommendation to the Agency.

 B. Public Meeting

    The Office of Pesticide Programs (OPP) is actively working on a
reevaluation of the human health effects of the pyrethroids and
pyrethrins under the OPP registration review program http://
www.epa.gov/oppsrrd1/reevaluation/pyrethroids-pyrethrins.html required
under FIFRA. As directed by FQPA, the Agency is to make special
considerations for pre- and post-natal exposures concerning the
susceptibility of infants and children. Guideline studies submitted to
the Agency for pesticide registration address a variety of routes,
toxicity endpoints, and durations. These studies, however, generally do
not provide direct measures of relative sensitivity between adult and
juvenile laboratory animals. Moreover, the guideline studies often do
not adequately quantify pyrethroid toxicity due to their rapid
pharmacokinetic time course and mode-of-action (i.e., sodium channel
disruption leading to alterations in membrane excitability and firing
potentials, ultimately resulting in signs of neurotoxic behavior). In a
February 16, 2010 letter to the public, EPA asked interested parties to
voluntarily submit study protocols to better understand the juvenile
sensitivity for synthetic pyrethroids and naturally-occurring
pyrethrins (see pyrethroid docket, EPA-HQ-OPP-2008-0331).
    Pyrethroids exert toxicity by interfering with the voltage-gated
sodium channels in the nervous system. Ideally, an in vivo measure of
sodium channel disruption could be evaluated in laboratory animals to
assess the initiating event in the toxicity pathway of this class.
However, a rapid and practical in vivo metric is not likely to be
available within the Agency's registration review schedule for the 20+
pyrethroids that are currently registered. The Agency believes that a
well-designed set of in vivo and in vitro studies, and possibly in
silico studies, would provide the Agency with the necessary scientific
information to conduct a risk assessment. The Agency has identified
some key scientific issues which are important in considering
comparative age sensitivity for this class of pesticides such as, 1)
the ontogeny of hydrolytic and oxidative metabolic enzymes; 2) the
ontogeny and differentiation of sodium channels; 3) dose-dependent
(high vs. low) effects; and 4) rodent to human concordance and species
sensitivity.
    Proposals submitted by May 21, 2010 will be reviewed by the Agency
and presented to the FIFRA SAP for their independent evaluation. The
Agency is asking the SAP to comment on the relevance and reliability,
as well as the strengths and limitations of the proposal studies in
addressing age-specific sensitivity to pyrethroids. Based on the
recommendations of the SAP and comments from the public, the Agency
will develop a scientifically-based study design for use in pyrethroid
risk characterization.

C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, related supporting materials, charge/
questions to FIFRA SAP, FIFRA SAP composition (i.e., members and ad hoc
members for this meeting), and the meeting agenda will be available by
late June. In addition, the Agency may provide additional background
documents as the materials become available. You may obtain electronic
copies of these documents, and certain other related documents that
might be available electronically, at http://www.regulations.gov and
the FIFRA SAP homepage at http://www.epa.gov/scipoly/sap.
    FIFRA SAP will prepare meeting minutes summarizing its
recommendations to the Agency approximately 90-days days after the
meeting. The meeting minutes will be posted on the FIFRA SAP website or
may be obtained from the OPP Regulatory Public Docket at http://
www.regulations.gov.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 27, 2010.
 Frank Sanders,
Director, Office of Science Coordination and Policy.

[FR Doc. 2010-10229 Filed 4-29-10; 8:45 am]
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[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38307-38308]
[FR Doc No: 2013-15183]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2484-018]

Gresham Municipal Utilities; Notice of Application Tendered for
Filing With the Commission and Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 2484-018.
    c. Date filed: June 10, 2013.
    d. Applicant: Gresham Municipal Utilities.
    e. Name of Project: Upper Red Lake Dam Hydroelectric Project.
    f. Location: On Red River in Shawano County, Wisconsin. No federal
lands are occupied by the project works or located within the project
boundary.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Gresham Municipal Utilities, Village of
Gresham, Wisconsin, Attn: Art Bahr, Village Administrator, 1126 Main
Street, PO Box 50, Gresham, WI 54128.
    i. FERC Contact: Lesley Kordella,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: August 9, 2013.
    All documents may be filed electronically via the Internet. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and five copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    m. The application is not ready for environmental analysis at this
time.
    n. The Upper Red Lake Dam Hydroelectric Project would consist of
the following existing features: (1) A 42-foot-long concrete dam with a
gated spillway section, a concrete overflow section, and a concrete
non-overflow section; (2) two short earth embankments on either side of
the concrete dam; (3) a 239-acre reservoir; (4) a penstock-and-surge-
tank arrangement that delivers flow to the powerhouse; and (5) a 61.5-
foot-long by 53-foot-wide concrete and brick powerhouse with one 275-kW
turbine-generator unit and one 175-kW turbine-generator united having a
total installed capacity of 450 kW; (6) a substation with three 333-kVA
transformers; and (7) appurtenant facilities. The project is estimated
to generate about 1.9 gigawatt hours annually. No new facilities or
environmental measures are proposed.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. Procedural schedule: The application will be processed according

to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule will be made as appropriate (e.g., if scoping is waived, the
schedule would be shortened).

Issue Deficiency and/or Additional Information Request, August 2013
Issue Notice of Acceptance, October 2013
Issue Scoping Document, February 2014
Issue Notice of Ready for Environmental Analysis, February 2014
Commission issues EA, June 2014

    Dated: June 19, 2013.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2013-15183 Filed 6-25-13; 8:45 am]
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