[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Rules and Regulations]
[Pages 17252-17257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6544]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2005-0155; FRL-8547-4]
RIN 2060-AO52
National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on amendments to the
national perchloroethylene air emission standards for dry cleaning
facilities promulgated on July 27, 2006, under the authority of section
112 of the Clean Air Act. This action amends rule language to correct
applicability cross references that were not correctly amended between
the most recent proposed and final rule revisions, and to clarify that
condenser performance monitoring may be done by either of two
prescribed methods (pressure or temperature), regardless of whether an
installed pressure gauge is present. Without these amendments, new area
sources could erroneously be required to perform monitoring that was
proposed for only major sources, and installed condenser performance
gauge readings could be required of sources when a prescribed
temperature method is just as valid for compliance purposes.
DATES: This rule is effective on July 15, 2008 without further notice,
unless EPA receives adverse comment by May 16, 2008. If EPA receives
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that some or all of the amendments in
this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0155 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected] and [email protected].
3. Facsimile: (202) 566-9744 and (919) 541-3470.
4. Mail: U.S. Postal Service, send comments to: Air and Radiation
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
5. Hand Delivery: Deliver in person, or by courier deliveries to:
EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0155. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The www.regulations.gov Web site 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 www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public 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. For additional
instructions on submitting comments, go to Unit III of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the National Emission
Standards for Hazardous Air Pollutants for Four Area Source Categories
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Sector Policies
and Programs Division, Office of Air Quality Planning and Standards
(E143-03), Environmental Protection Agency, Research Triangle Park, NC
27711, telephone number (919) 541-5124, electronic mail address
[email protected].
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments to EPA?
IV. Where can I get a copy of this document?
V. Why are we amending the rule?
VI. What amendments are we making to the rule?
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is EPA using a direct final rule?
EPA is publishing the rule without a prior proposed rule because we
view this as a noncontroversial action and anticipate no adverse
comment. As explained below, this action amends rule language to
clarify that colorimetric monitoring requirements were not intended for
new dry cleaning machines
[[Page 17253]]
installed at area sources after December 21, 2005, and to clarify that
condenser performance monitoring may be done by either of the
prescribed methods (pressure or temperature), regardless of whether or
not an installed pressure gauge is present.
Without these amendments, the rule can be interpreted as requiring:
(1) New dry cleaning machines installed at area sources after
December 21, 2005, to perform colorimetric monitoring; and,
(2) Sources with installed condenser performance gauges to take
readings, when a prescribed temperature method is just as valid for
compliance purposes.
Either of these interpretations is problematic since neither was
reflected in the proposed rule (70 FR 75884), nor did our notice of
final rulemaking explain why or how the regulatory text changed from
proposal to final promulgation to include such requirements.
However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposed rule to amend the National Perchloroethylene Air Emission
Standards for Dry Cleaning Facilities (40 CFR part 63, subpart M) if
adverse comments are received on this direct final rule. If we receive
adverse comment, we will publish a timely withdrawal in the Federal
Register informing the public that some or all of the amendments in
this rule will not take effect, and we will address all public comments
received on the proposed rule in a subsequent final rule. We will not
institute a second comment period on the proposed rule. Any parties
interested in commenting on the proposed rule must do so at this time.
For further information about commenting on the rule, see the ADDRESSES
section of this document.
II. Does this action apply to me?
The categories and entities potentially regulated by this direct
final rule are industrial and commercial perchloroethylene (PCE) dry
cleaners. The direct final rule affects the following categories of
sources:
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Category NAICS \1\ code Examples of potentially regulated entities
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Coin-operated Laundries and Dry Cleaners..... 812310 Dry-to-dry machines.
Transfer machines.
Dry Cleaning and Laundry Services (except 812320 Dry-to-dry machines.
coin-operated). Transfer machines.
Industrial Launderers........................ 812332 Dry-to-dry machines.
Transfer machines.
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\1\ North American Industry Classification System.
III. What should I consider as I prepare my comments to EPA?
Do not submit information containing CBI to EPA through
www.regulations.gov or e-mail. Send or deliver information identified
as CBI only to the following address: Roberto Morales, OAQPS Document
Control Officer (C404-02), Office of Air Quality Planning and
Standards, Environmental Protection Agency, Research Triangle Park,
North Carolina 27711, Attention: Docket ID No. EPA-HQ-OAR-2005-0155.
Clearly mark the part or all of the information that you claim to be
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark
the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
IV. Where can I get a copy of this document?
In addition to being available in the docket, an electronic copy of
this final action will also be available on the Worldwide Web (WWW)
through the Technology Transfer Network (TTN). Following signature, a
copy of this final action will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at the following
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information
and technology exchange in various areas of air pollution control.
V. Why are we amending the rule?
On September 22, 1993, EPA promulgated National Perchloroethylene
Air Emission Standards for Dry Cleaning Facilities (58 FR 49376). These
standards are codified at 40 CFR part 63, subpart M. On December 21,
2005, EPA proposed revisions to the National Perchloroethylene Air
Emission Standards for Dry Cleaning Facilities (70 FR 75884) which
included proposed provisions in 40 CFR 63.322(o)(2) that would have
required owners or operators of a dry cleaning system at any major
source to route the air-perchloroethylene gas-vapor stream contained
within each dry cleaning machine through a refrigerated condenser and a
carbon adsorber or equivalent control device immediately before or as
the door of the dry cleaning machine is opened. Proposed Sec.
63.322(o)(3) would have required owners and operators of dry cleaning
systems installed after December 21, 2005, at area sources to meet
similar requirements. In proposed Sec. 63.323(b) and (c), the
requirement to use a colorimetric detector tube or perchloroethylene
gas analyzer would have applied to carbon adsorbers used to comply with
proposed Sec. 63.323(o)(2) (i.e., at major sources), but not to those
used to comply with proposed Sec. 63.322(o)(3) (i.e., at dry cleaning
systems installed at area sources after December 21, 2005). In
addition, proposed Sec. 63.324(d)(6) would have imposed reporting and
recordkeeping requirements for monitoring results where carbon
adsorbers are used to meet proposed Sec. 63.322(o)(2), but not to meet
proposed Sec. 63.322(o)(3).
In addition, proposed Sec. 63.322(o)(4) would have prohibited any
emissions of perchloroethylene during the transfer of articles between
the washer and the dryer(s) or reclaimer(s) of any dry cleaning system,
including at systems that are eligible for the limited exemptions from
other requirements under proposed revised Sec. 63.320(d) and (e).
On July 27, 2006, EPA promulgated final revisions to the National
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities
(71 FR 42724) and, in response to comments, removed the proposed
provisions in Sec. 63.322(o)(2) for owners or operators of a dry
cleaning system at any major source. The provisions in proposed Sec.
63.322(o)(3) for area source
[[Page 17254]]
systems installed after December 21, 2005, were then moved into Sec.
63.322(o)(2) as we renumbered the section paragraphs. However, we
failed to properly amend the cross references in Sec. Sec. 63.323(b)
and (c) and 63.324(d)(6) to Sec. 63.322(o)(2), and thus inadvertently
caused the colorimetric monitoring provisions and the recordkeeping and
reporting provisions proposed for major sources to appear to apply to
new systems installed after December 21, 2005, at area sources.
Moreover, the proposed prohibition on perchloroethylene emissions
during transfer moved from proposed Sec. 63.322(o)(4) to final Sec.
63.322(o)(3), and this renumbering of the paragraphs in Sec. 63.322(o)
was not tracked in the cross references in the final rule's
applicability and exemption Sec. 63.320(d) and (e). Hence, this direct
final action makes appropriate amendments to the cross references in
applicability Sec. 63.320(d) and (e), and removes the cross references
in Sec. Sec. 63.323(b) and (c) and 63.324(d)(6) to Sec. 63.322(o)(2).
Without cross reference corrections to the final rule, the rule
cannot be implemented properly. For example, as a result of improper
applicability cross referencing, colorimetric monitoring requirements
would appear to be required of dry cleaning systems installed at area
sources after December 21, 2005. This was not our intent and was not
contained in the proposed rule. Neither is it supported by our impacts
analysis or by public comments received on the proposal, nor is it
explained or justified in the preamble or response to comments document
supporting the final rule. Moreover, without these corrections, sources
eligible for the limited exemptions under Sec. 63.320(d) and (e) would
appear to be also exempt from the universal prohibition proposed and
promulgated regarding perchloroethylene emissions during transfers,
even though this inadvertent change from the proposal was also not
supported by any explanation in our final rulemaking.
In addition, while we did not propose changes to the test methods
and monitoring requirements of Sec. 63.323(a) in the December 21,
2005, proposal, we nonetheless amended this section in response to
comments. In doing so, we stated in the preamble to the final rule that
installed pressure gauge monitoring was a preferred method for
monitoring condenser performance, and amended Sec. 63.323(a) to
include these monitoring provisions. As written, however, Sec.
63.323(a) now states that only systems that are not equipped with
refrigeration system pressure gauges may exercise the option of
monitoring temperature, which has created a problem for operators whose
installed pressure gauges are not operating properly. While we still
believe that installed pressure gauges are a preferred monitoring
method for most cases, we also recognize that either method is
acceptable to demonstrate condenser compliance, regardless of whether
or not a particular system is equipped with refrigeration system
pressure gauges. This direct final action makes appropriate amendments
to Sec. Sec. 63.323(a) and 63.324(d) in order to allow owners or
operators to monitor either pressure or temperature to demonstrate
refrigerated condenser compliance, regardless of whether or not their
system is equipped with refrigeration system pressure gauges.
Without amendments to the refrigerated condenser monitoring
provisions, the final rule implies that systems equipped with
refrigeration system pressure gauges would not have the option to
monitor temperature. This was not our intent.
Finally, in Sec. 63.322(o)(5)(i) of the final rule we promulgated
a December 21, 2020, phase-out date for all PCE emissions from dry
cleaning systems located in a building with a residence. This phase-out
was intended to apply universally, without being subject to the limited
exemptions provided by Sec. 63.320(d), which grants limited relief for
existing dry-to-dry machines and ancillary equipment at facilities with
total annual PCE use of less than 530 liters (140 gallons). However, in
promulgating amendments to Sec. 63.320(d) in the final rule, we
inadvertently cross-referenced the promulgated immediate prohibition of
PCE emissions from new dry cleaning systems installed after December
21, 2005, in buildings with a residence, even though such new systems
are not addressed by Sec. 63.320(d). We are correcting this cross-
referencing error, as necessary to avoid appearing to subject existing
Sec. 63.320(d)-eligible sources located in buildings with a residence
to an immediate prohibition of PCE emissions, and to apply the same
December 21, 2020 phase-out date that applies to all other existing co-
residential sources.
VI. What amendments are we making to the rule?
As currently written, 40 CFR 63.323(b) and (c) require owners or
operators of dry cleaning machines using carbon adsorbers to comply
with Sec. Sec. 63.322(a)(2), 63.322(b)(3) and 63.322(o)(2) to conduct
colorimetric monitoring. Prior to the July 27, 2006, revisions, these
requirements only applied, under Sec. 63.322(b)(3), to new dry
cleaning machines at a major sources installed after December 9, 1991,
equipped with a closed-loop system with a refrigerated condenser and a
carbon adsorber, and, under Sec. 63.322(a)(2), to existing dry
cleaning machines with a carbon adsorber installed as an alternative to
a refrigerated condenser prior to September 22, 1993. Following the
July 27, 2006 revisions, though, due to our inadvertent errors in
tracking cross-references as changes in the rule were made from the
proposed rule to the final rule revisions, it could be interpreted that
these requirements now apply to all new dry cleaning systems installed
after December 21, 2005, at area sources, which was neither proposed
nor the EPA's intent. To remedy this, we are removing the references in
Sec. 63.323(b) and (c) to Sec. 63.322(o)(2).
In addition, due to the July 27, 2006, revisions to 40 CFR
63.323(a), one could interpret that using the monitoring method in 40
CFR 63.323(a)(2)(ii) is only an option when the dry cleaning machine is
not equipped with refrigeration system pressure gauges. Our intent was
to allow either the method in 40 CFR 63.323(a)(1)(i), which uses
pressure gauge readings, or in 40 CFR 63.323(a)(1)(ii), which uses
temperature sensors, at the owner/operator's discretion. We recognized
that the method in 40 CFR 63.323(a)(1)(i), which uses pressure gauge
readings, requires that a machine be equipped with refrigeration system
pressure gauges, but we did not intend that the presence or absence of
such gauges would dictate which of these two methods could be used for
compliance. To remedy this, we are amending 40 CFR 63.323(a) by
removing the phrase ``If the machine is not equipped with refrigeration
system pressure gauges'' as a condition for using the temperature
method in 40 CFR 63.323(a)(1)(ii). We are also amending the
recordkeeping requirements in 40 CFR 63.324(d), to reflect this 40 CFR
63.323(a) amendment, by replacing the phrase ``temperature sensor
monitoring results'' with ``monitoring results (temperature sensor or
pressure gauge).''
Finally, in order to remedy applicability section tracking
inconsistency with the renumbering of paragraphs in Sec. 63.322
between the most recent proposed and final revisions, we are amending
the cross-references in the applicability Sec. 63.320(d) and (e) to
appropriately refer to Sec. 63.322(o)(3) where they currently refer to
Sec. 63.322(o)(4).
[[Page 17255]]
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to the review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The rule requires enhanced LDAR program that requires a handheld
portable monitor. Major source facilities will purchase a PCE gas
analyzer and area sources will purchase a halogenated hydrocarbon leak
detector. Owners and operators will incur the capital/startup cost of
purchasing the monitors, plus ongoing annual operation and maintenance
costs. No new information collection is required as part of these
amendments; owners and operators will continue to keep records and
submit required reports to EPA or the delegated State regulatory
authority required in the final rule. However, the Office of Management
and Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations (40 CFR 63 subpart
M) under the provisions of the Paperwork Reduction Act 44 U.S.C. 3501
et seq. and has assigned OMB control number 2060-0234. The OMB control
number for EPA's regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 impacts of the direct final rule on
small entities, a small entity is defined as:
(1) A small business as defined by the Small Business
Administration's (SBA) 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 this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This direct
final rule will not impose any new requirements on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with federal mandates that may
result in expenditures to State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least-costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the
least-costly, most cost effective, or least-burdensome alternative if
the Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this direct final rule does 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 one year. Therefore, the direct final rule is not
subject to the requirements of sections 202 and 205 of the UMRA. In
addition, EPA has determined that this direct final rule contains no
regulatory requirements that might significantly or uniquely affect
small governments because the burden is small and the regulation does
not apply to small governments. Therefore, this direct final rule is
not subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order (EO) 13132 (64 FR 43255, August 10, 1999) requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by state and local officials in the development of regulatory
policies that have Federalism implications.'' ``Policies that have
Federalism implications'' is defined in the EO to include regulations
that 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.''
This direct final rule 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 EO 13132. Thus, EO 13132 does not apply to
this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order (EO) 13175 (65 FR 67249, November 9, 2000) requires
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The direct final rule does not have
tribal implications, as specified in EO 13175. This rule will not have
substantial direct effects 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 EO 13175. Thus, EO 13175
does not apply to this direct final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the Order has
the potential to influence the regulation. This action is not subject
[[Page 17256]]
to EO 13045 because it is based solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This rule is not subject to Executive Order (EO) 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under EO 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note),
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
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 environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice 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.
EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low income populations because it does not
affect the level of protection provided to human health or the
environment. Moreover, the technical and editorial corrections in this
direct final rule do not change the level of control required by the
National Perchloroethylene Air Emission Standards for Dry Cleaning
Facilities.
K. Congressional Review Act
The Congressional Review Act, 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. EPA will submit a report containing this direct final
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of this direct 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). This rule will be effective July 15, 2008.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 20, 2008.
Stephen L. Johnson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter I, part 63,
of the Code of Federal Regulations 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 M--[Amended]
0
2. Section 63.320 is amended by revising paragraphs (d) and (e) to read
as follows:
Sec. 63.320 Applicability.
* * * * *
(d) Each existing dry-to-dry machine and its ancillary equipment
located in a dry cleaning facility that includes only dry-to-dry
machines, and each existing transfer machine system and its ancillary
equipment, and each new transfer machine system and its ancillary
equipment installed between December 9, 1991, and September 22, 1993,
as well as each existing dry-to-dry machine and its ancillary
equipment, located in a dry cleaning facility that includes both
transfer machine system(s) and dry-to-dry machine(s) is exempt from
Sec. Sec. 63.322, 63.323, and 63.324, except Sec. Sec. 63.322(c),
(d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and (o)(5)(i); 63.323(d);
and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the
total PCE consumption of the dry cleaning facility is less than 530
liters (140 gallons) per year. Consumption is determined according to
Sec. 63.323(d).
(e) Each existing transfer machine system and its ancillary
equipment, and each new transfer machine system and its ancillary
equipment installed between December 9, 1991, and September 22, 1993,
located in a dry cleaning facility that includes only transfer machine
system(s), is exempt from Sec. Sec. 63.322, 63.323, and 63.324, except
Sec. Sec. 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), and (o)(3);
63.323(d); and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e)
if the PCE consumption of the dry cleaning facility is less than 760
liters (200 gallons) per year. Consumption is determined according to
Sec. 63.323(d).
* * * * *
0
3. Section 63.323 is amended as follows:
0
a. By revising paragraphs (a)(1) introductory text and (a)(1)(ii).
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (c) introductory text.
Sec. 63.323 Test methods and monitoring.
(a) * * *
(1) The owner or operator shall monitor on a weekly basis the
parameters in either paragraph (a)(1)(i) or (ii) of this section.
* * * * *
(ii) The temperature of the air-perchloroethylene gas-vapor stream
on the outlet side of the refrigerated condenser on a dry-to-dry
machine, dryer, or reclaimer with a temperature sensor to determine if
it is equal to or less than 7.2 [deg]C (45 [deg]F) before the end of
the cool-down or drying cycle while the gas-vapor stream is flowing
through the condenser. The temperature sensor shall be used according
to the manufacturer's instructions and shall be designed to measure a
temperature of 7.2 [deg]C (45 [deg]F) to an accuracy of 1.1
[deg]C (2 [deg]F).
* * * * *
(b) When a carbon adsorber is used to comply with Sec.
63.322(a)(2) or exhaust is passed through a carbon adsorber immediately
upon machine door opening to comply with Sec. 63.322(b)(3), the owner
or operator shall measure the concentration of PCE in the exhaust of
[[Page 17257]]
the carbon adsorber weekly with a colorimetric detector tube or PCE gas
analyzer. The measurement shall be taken while the dry cleaning machine
is venting to that carbon adsorber at the end of the last dry cleaning
cycle prior to desorption of that carbon adsorber or removal of the
activated carbon to determine that the PCE concentration in the exhaust
is equal to or less than 100 parts per million by volume. The owner or
operator shall:
* * * * *
(c) If the air-PCE gas vapor stream is passed through a carbon
adsorber prior to machine door opening to comply with Sec.
63.322(b)(3), the owner or operator of an affected facility shall
measure the concentration of PCE in the dry cleaning machine drum at
the end of the dry cleaning cycle weekly with a colorimetric detector
tube or PCE gas analyzer to determine that the PCE concentration is
equal to or less than 300 parts per million by volume. The owner or
operator shall:
* * * * *
0
4. Section 63.324 is amended by revising paragraphs (d)(5), and (d)(6)
to read as follows:
Sec. 63.324 Reporting and recordkeeping requirements.
* * * * *
(d) * * *
(5) The date and monitoring results (temperature sensor or pressure
gauge), as specified in Sec. 63.323 if a refrigerated condenser is
used to comply with Sec. 63.322(a), (b), or (o); and
(6) The date and monitoring results, as specified in Sec. 63.323,
if a carbon adsorber is used to comply with Sec. 63.322(a)(2), or
(b)(3).
* * * * *
[FR Doc. E8-6544 Filed 3-31-08; 8:45 am]
BILLING CODE 6560-50-P