U.S. EPA has published the final rule in the Federal Register; comments are no longer being accepted.

EPA Contact:

Sharon Nizich, Office of Air Quality Planning and Standards
Phone: 919-541-2825
Email: nizich.sharon@epa.gov

Don't be caught unaware and out of compliance!

Applicability

The NESHAP applies to any wood preserving operation that is an area source of Hazardous Air Pollutant (HAP) emissions. A source is classified as an area source if it is not a major source (i.e., has the potential to emit individual HAPs in amounts equal to or greater than 10 tons per year or the potential to emit total aggregate HAPs in amounts equal to or greater than 25 tons per year). The primary NAICS code for the affected industry is 321114: facilities that treat wood such as lumber, ties, poles, posts, or pilings with a preservative (SIC Code 2941).

Existing sources are defined as those that commenced construction or reconstruction on or before April 4, 2007. Likewise, new sources are defined as those that commenced construction or reconstruction after April 4, 2007.

Target HAPs:

Chromium, dioxins, methylene chloride, and arsenic.

Standards

• Pressure treatment processes using wood preservatives containing chromium, arsenic, dioxins, and/or methylene chloride: the wood preservative must be applied to the wood products within a retort or similarly enclosed vessel.
  
• Thermal treatment processes using wood preservatives containing chromium, arsenic, dioxins, and/or methylene chloride: the wood preservative must be applied to the wood products using process treatment tanks equipped with an air scavenging system to control emissions.

• All affected sources must prepare and implement a best management practices (BMP) plan to minimize air emissions from the wood preservation processes. The plan must include the following elements:
  
• Minimization of preservative usage;
• Protocols for maintaining records on types of wood preservative processes used and the types and amounts of wood preservative compounds consumed;
• For pressure treatment processes, protocols for maintaining charge records identifying pressure readings inside the retort or similarly enclosed vessel and protocols to fully drain the retort or similarly enclosed vessel to the extent practicable prior to opening the retort door;
• For thermal treatment processes, protocols for maintaining records to demonstrate that the air scavenging system is operated properly while the treatment process is in use;
• Protocols for storing treating wood products on drip pads or in a primary containment area to convey preservative drippage to a collection system until drippage has ceased;
• Protocols for the prompt collection of any spills; and
• Protocols for conducting relevant corrective actions or preventative measures in the event of a malfunction before resuming operations.

Compliance Dates:

The compliance date for this NESHAP is July 16, 2007, the date of publication of the final rule in the Federal Register. Sources that commence operations after July 16, 2007, must comply upon startup.

Reporting:

Initial notifications of applicability must be submitted to the implementing agency before the following deadlines:

• For new and reconstructed sources: October 15, 2007 (90 days after publication of the final rule in the Federal Register) or within 90 days of start-up, whichever comes later; and
• For existing sources, prior to October 15, 2007 (90 days after publication of the final rule in the Federal Register). Click here for a sample initial notification of applicability.

1. Initial compliance reports must be submitted to the implementing agency within 90 days of the applicable compliance date. The initial compliance report must be signed by a Responsible Official and contain the following certification: “This facility complies with the management practices to minimize air emissions from the preservative treatment of wood in accordance with 40 CFR 63.11430.” The initial compliance report may be combined with the initial notification of applicability discussed above. Click here for a sample initial compliance report.
   
2. Reports of any deviations from the standards must be submitted to the implementing agency in writing within 30 days of the date the deviation occurred.
   
3. Annual Compliance Reports: there are no requirements to submit recurring annual or semi-annual compliance certifications.

Records:

The following records must be maintained on-site at each affected facility (if applicable). Records must be maintained for five years and must be kept on site for at least two years:

1. Records of the types of wood preservative treatment processes used;
2. Records of the types and quantities of wood preservative chemicals used;
3. For pressure treatment operations, charge records indicating pressure readings inside retorts;
4. For thermal treatment operations, records that demonstrate the air scavenging system is in use and is being operated properly at all times that the thermal process(es) are in use; and
5. Records of any deviations from the applicable standards.

To review the Federal Register notice for the proposed rule, click here (Adobe Acrobat/pdf format).

If you have any questions, please contact us at 404-362-4842 or toll-free at 877-427-6255.

To visit GA SBEAP's main website, click here.