U.S. EPA Proposes Revisions to 40 CFR Part 63, Subpart JJ – National Emissions Standards for Wood Furnaces

The U.S. Environmental Protection Agency (U.S. EPA) has published the findings of the residual risk review for 40 CFR Part 63, Subpart JJ – National Emission Standards for Wood Furniture Manufacturing Operations. While the risk levels of the existing standards have apparently been deemed acceptable, there is concern regarding their margin of safety. As a result, U.S. EPA is proposing to limit emissions of formaldehyde from affected facilities to 400 pounds per rolling 12-month period to address this concern. The proposal, if adopted, would include a 2-year compliance requirement for affected facilities in accordance with section 112(f)(4) of the Clean Air Act (CAA). U.S. EPA believes that sources will switch to available low formaldehyde coatings to comply with the revised standard. The proposed rule revision disallows the use of conventional spray guns since apparently much of the industry has moved away from them. 

The proposed ban on conventional spray guns, if adopted, would include a 3-year compliance requirement for affected facilities in accordance with section 112(d)(6) of the CAA. U.S. EPA is also proposing to eliminate the startup, shutdown, and malfunction (SSM) provisions of Subpart JJ, consistent with Sierra Club v. EPA. The standards in this proposed rule will apply at all times and U.S. EPA is adding reporting and recordkeeping requirements in 40 CFR §§63.806 and 63.807 for periods of malfunction. Finally, U.S. EPA is proposing to add an affirmative defense to civil penalties for exceedances of emission limits caused by malfunctions. Comments on the proposed revisions are due on or before February 22, 2011.