(AE-17J)

Bridget Byrne
Ohio Environmental Protection Agency
Northeast District Office
2110 E. Aurora Road
Twinsburg, Ohio 44087

RE:

Applicability of NESHAP for Wood Furniture Manufacturing, Part 63 Subpart JJ

and Title V to Riceland Cabinets relocated facility

Dear Ms. Byrne:

On September 8, 2009, Ohio EPAs Northeast District Office (NEDO) requested that
EPA determine the applicability of the National Emission Standard for Hazardous Air
Pollutants (NESHAP) for Wood Furniture Manufacturing, Part 63, Subpart JJ, and Title
V to Riceland Cabinets (Riceland) facility in Ohio if it significantly downsizes and
relocates its facility. EPA determines that Ricelands relocated facility is defined as an
existing source under the NESHAP and is required to obtain a Title V Permit. Currently
Ricelands facility is located in Orrville, Ohio and is subject to the NESHAP for Wood
Furniture Manufacturing and Ohio EPA issued Riceland a Title V Permit on October 9,
2007. The Orrville, Ohio facility is a major source for Title V. Riceland plans to relocate
to a smaller facility on October 12, 2009.
On May 16, 1995, EPA issued a memorandum titled Potential to Emit Guidance on
Timing Issues. This memo clarified when a major source of hazardous air pollutants
(HAPs) could become an area source. This memo is often referred to as the Once in
Always In Policy 1 (OIAI Policy). According to this policy, Ricelands relocated facility
would be still be considered an existing source under the NESHAP. The memo states the
following:
The purpose of this memo is to clarify when a major source
of hazardous air pollutants can become an area source by
obtaining federally enforceable limits on its potential to emit
1

http://www.epa.gov/ttncaaa1/t3/memoranda/pteguid.pdf

 rather than comply with major source requirements.[The

policy] clarifies that a facilities may switch to area source
status at any time until the first compliance date of the
standard.
Riceland currently has a Title V Permit and is subject to the NESHAP as a major source
of hazardous air pollutants (HAP). The NESHAP compliance date for existing affected
sources that emit less than 50 tons per year of HAP in 1996 is December 7, 1998. The
NESHAP compliance date for existing affected sources that emit 50 tons or more of HAP
in 1996 is November 21, 1997. Any affected major source that does not want to be
subject to NESHAP requirements is required to obtain federally enforceable limits
according to its potential to emit before the applicable date in order to become an area
source not subject to the NESHAP. Only by obtaining these limits before the applicable
date can a major affected source not be subject to the NESHAP requirements.
Additionally, the OIAI Policy states the following:
A source should not be allowed to avoid compliance with a
standard after the compliance date, even through a reduction
in potential to emit.
Ohio EPA stated that Ricelands emissions will be significantly lowered due to a selfimposed limit on production. At the compliance date, Ricelands potential to emit was
above the major source threshold. A reduction in Ricelands potential to emit after the
compliance date would not affect applicability of the NESHAP.
The OIAI Policy allows new sources the option to comply with federally enforceable
limits after the compliance date in order to not be subject to the NESHAP. However, a
relocated facility can not be defined as a new source 2 for the purposes of the NESHAP.
To be considered a new source, a source would have to be constructed after the
compliance date; however, relocating a facility is not defined as construction according to
NESHAP definitions of construction 3. Any source that is not a new source is defined as
an existing source 4.
Lastly, Riceland is required to obtain a Title V Permit because it is still subject to the
Subpart JJ. The state operating permit program requirement, at 70.3(a)(3), states that
any source subject to a standard or other requirement under section 112 of the Act must
provide a permit under Part 70. Subpart JJ is a standard under section 112 of the Act.

2
New source means any affected source the construction or reconstruction of which is commenced after the
Administrator first proposes a relevant emission standard under this part establishing an emission standard applicable to
such source.
3
Construction means the on-site fabrication, erection, or installation of an affected source. Construction does not
include the removal of all equipment comprising an affected source from an existing location and reinstallation of such
equipment at a new location
4
Existing source means any affected source that is not a new source.

Please direct any questions that you have regarding EPAs response to Ms. Shilpa Patel,
of my staff, at (312) 886-0120.

Sincerely,

George Czerniak, Chief

Air Enforcement and Compliance Assurance Branch