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Compliance and Technical Assistance Program

CTAP > Featured Topics > January 2013: Amendments to Subpart JJ (Wood Furniture Manufacturing NESHAP) January 2013: Amendments to Subpart JJ (Wood Furniture Manufacturing NESHAP)

Note: This guidance contains some information that was copied directly from the amendments to Subpart JJ.

Background:

Section 112 of the CAA establishes a two-stage regulatory process to address emissions of hazardous air pollutants (HAP) from stationary sources. The first stage required EPA to promulgate NESHAPs for major sources of Hazardous Air Pollutants (HAPs). The second stage, as required by the CAA, requires EPA to undertake two different analyses, eight (8) years after promulgation of a standard. These are:

  1. Review of the technology-based standards, and
  2. Review of the risk to public health remaining after application of the technology-based standards.

Based on these reviews, EPA is required to revise the standards, if necessary, to provide an ample margin of safety to protect public health or to prevent, taking into consideration costs, energy, safety and other relevant factors, an adverse environmental effect.

On December 21, 2010, EPA published proposed amendments in the Federal Register for two NESHAPs (Subpart II and Subpart JJ) that took into consideration the residual risk and technology review (RTR) analyses.

On November 21, 2011, EPA published final revisions to requirements in Subpart II and Subpart JJ related to emissions during periods of startup, shutdown, and malfunction (SSM). These revisions also addressed formaldehyde limits and the use of conventional spray technology for the Wood Furniture Manufacturing Operations (Subpart JJ), and clarified exemptions from certain other NESHAPs. This action provided the EPA's final determinations and regulatory amendments for these subparts pursuant to the RTR provisions of CAA section 112.

Subpart JJ Amendments for Wood Furniture Manufacturing Operations: The effective date of these amendments was 11/21/2011.

Note: The “Compliance Dates” for each requirement vary. (See the Compliance Dates Section of this guidance.)

Formaldehyde Changes (§63.802):

Formaldehyde emissions are limited to:

  1. Limit total formaldehyde use in coatings and contact adhesives to no more than 400 pounds per rolling 12-month period; or
  2. Use coatings and contact adhesives only if they are low formaldehyde coatings and adhesives, in any wood furniture manufacturing operations. Low formaldehyde means, formaldehyde concentration of less than or equal to 1.0 percent formaldehyde by weight, as described in a certified product data sheet for the material; or
  3. If using a control device, limit total formaldehyde emissions to no more than 400 pounds per rolling 12-month period.

Work Practice Standards: Conventional spray guns (see definition in Subpart JJ) are prohibited with the only exception being: The revisions allow the use of conventional spray guns only if all emissions from a finishing station are routed to a control device. See 40 CFR 63.803(h)(4).

Other NESHAPs:

  1. The revisions clarify that coating of metal components of wood furniture, plastic components of wood furniture, and coating of millwork and trim associated with cabinet manufacturing, is subject to Subpart JJ and is not subject to the other listed NESHAPs (Subparts MMMM, PPPP, QQQQ or RRRR).
  2. The revisions acknowledge that surface coating operations that are subject to Subparts MMMM, PPPP, QQQQ or RRRR of 40 CFR part 63 are not subject to the Wood Furniture Manufacturing Operations standards (Subpart JJ).

Startup, Shutdown & Malfunction (SSM) Changes:

Note: These changes only affect sources using a control device to comply with Subpart JJ.

  1. An SSM plan is no longer required.
  2. Sources must comply during periods of startup and shutdown by starting the control device prior to starting the coating operations and shutting down the device after coating operations have ceased. In the example of a regenerative thermal oxidizer (RTO), supplemental fuel can be provided during startup and shutdown of the spray lines to prevent noncompliance.
  3. Clarifies the required conditions for performance tests.
  4. The amendments revise the SSM-associated recordkeeping and reporting requirements to require reporting and recordkeeping for periods of malfunction.
  5. The amendments add provisions to provide an affirmative defense against civil penalties for exceedances of emission standards caused by malfunctions, as well as criteria for establishing the affirmative defense. 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 reasonably preventable and not caused by poor maintenance and/or careless operation). For example, to successfully assert the affirmative defense, the source must prove by a preponderance of the evidence that excess emissions "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. The criteria also are designed to ensure that steps are taken to correct the malfunction, to minimize emissions in accordance with 40 CFR 63.783(b)(1) and 63.802(c) and to prevent future malfunctions. For example, the source must prove by a preponderance of the evidence that "repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded” and that “all possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health”.

Electronic Reporting:

Allows sources to alternately report test results electronically.

Record Keeping Requirements:

New Formaldehyde content records and Malfunction records are required. See Amendments for specifics.

Reporting Requirements:

Affects sources using control devices. See Amendments for specifics.

Compliance Dates:

The amendments to Subpart JJ became effective on 11/21/11, with the following compliance dates:

  1. Formaldehyde Limits and Prohibition of Conventional Spray Guns
    1. Existing affected sources shall comply with Sec. 63.802(a)(4) and Sec. 63.803(h) no later than November 21, 2014. (This is sources that were in existence prior to 12/07/1995.)
    2. 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.
    3. New affected sources in existence prior to 11/21/11, must comply by 11/21/2011. (This is sources that started up on or after 12/7/1995 but before 11/21/11.)
    4. New affected sources (starting up on or after 11/21/2011) must comply upon startup.
  2. The compliance dates for Exemptions from other NESHAPs, Startup Shutdown & Malfunction changes, and Electronic Reporting is 11/21/2011.

Questions regarding this guidance should be directed to:

Greg Wingstrom
Office of Air Quality
Phone: 574-245-4870
E-mail: gwingstr at idem.IN.gov

Disclaimer:

This Guidance is intended as a compliance tool only. This Guidance should be used as a general information publication. The Guidance is not intended to nor does it contain all Subpart JJ requirements. This Guidance is not an official IDEM guidance document and is intended only to provide compliance assistance to potentially affected sources. This guidance may be distributed or copied without permission, provided it is unaltered and includes this disclaimer.