[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Rules and Regulations]
[Pages 34647-34653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14508]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R01-OAR-2010-0207; A-1-FRL-9163-2]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Air Emission Standards for Halogenated
Solvent Cleaning Machines: State of Rhode Island Department of
Environmental Management
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Direct final rule.
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SUMMARY: Pursuant to section 112(l) of the Clean Air Act (``CAA'') and
Federal regulations promulgated thereunder, the Rhode Island Department
of Environmental Management (``RI DEM'') submitted a request for
approval to implement and enforce Air Pollution Control Regulation
Number 36, Control of Emissions from Organic Solvent Cleaning (``RI
Regulation No. 36''), and the Rhode Island Air Pollution Control,
General Definitions Regulation (``RI General Definitions Rule''), as a
partial substitution for the National Emissions Standards for
Halogenated Solvent Cleaning (``Halogenated Solvent NESHAP''), as it
applies to organic solvent cleaning machines in Rhode Island, except
continuous web cleaning machines, with respect to which the Halogenated
Solvent NESHAP shall continue to apply. EPA has reviewed this request
and has determined that RI Regulation No. 36 and the RI General
Definitions Rule satisfy the requirements necessary for partial
substitution approval. Thus, EPA is hereby granting RI DEM the
authority to implement and enforce RI Regulation No. 36 and the RI
General Definitions Rule in place of the Halogenated Solvent NESHAP for
organic solvent cleaning machines, but EPA is retaining its authority
with respect to continuous web cleaning machines in Rhode Island. This
approval makes RI Regulation No. 36 and the RI General Definitions Rule
Federally enforceable.
DATES: This direct final rule will be effective August 17, 2010, unless
EPA receives adverse comments by July 19, 2010. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect. The incorporation by reference of certain publications
listed in the rule is approved by the Director of the Federal Register
as of August 17, 2010.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2010-0207 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (617) 918-0653.
4. Mail: ``EPA-R01-OAR-2010-0207'', Ida McDonnell, U.S.
Environmental Protection Agency, EPA New England Regional Office, Air
Permits, Toxics and Indoor Programs Unit, Five Post Office Square,
Suite 100 (mail code OEP05-2), Boston, MA 02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Ida
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
EPA New England Regional Office, Five Post Office Square, Suite 100
(OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2010-0207. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 through http://www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The http://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 http://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. EPA will forward copies of all submitted
comments to the Rhode Island Department of Environmental Management.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, Five Post Office Square, Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
In addition, copies of the State submittal are also available for
public inspection during normal business hours, by appointment at the
Rhode Island Department of Environmental Management, 291 Promenade
Street, Providence, RI, 02908.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and
Indoor Programs Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, Five
Post Office Square, Suite 100 (OEP05-2), Boston, MA 02109-3912,
telephone number (617) 918-1656, fax number (617) 918-0656, e-mail
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. What requirements must a state rule meet to substitute for a
section 112 rule?
III. How will EPA determine equivalency for State alternative NESHAP
requirements?
IV. EPA Determination of Rule Equivalency
[[Page 34648]]
A. What are the major differences between Rhode Island
Regulation No. 36 and the Halogenated Solvent NESHAP?
i. How do the applicability requirements differ?
ii. How do the compliance schedules differ?
iii. What provisions apply to continuous web cleaning machines?
iv. How are the requirements for batch cold cleaning machines
different?
v. How are the requirements for batch vapor and in-line cleaning
machines different?
vi. How do the requirements for the alternative standards
differ?
vii. How do the requirements for the facility-wide emission
limits differ?
viii. How are the monitoring requirements different?
ix. How do the reporting requirements differ?
V. What is EPA's action regarding Rhode Island Regulation No. 36?
VI. Final Action
VII. Judicial Review
VIII. 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 Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background and Purpose
Under CAA section 112(l), EPA may approve State or local rules or
programs to be implemented and enforced in place of certain otherwise
applicable Federal rules, emissions standards, or requirements. The
Federal regulations governing EPA's approval of State and local rules
or programs under section 112(l) are found in 40 CFR part 63, subpart
E. Under these regulations, a State air pollution control agency has
the option to request EPA's approval to substitute a State rule for the
applicable Federal rule (e.g., the National Emission Standards for
Hazardous Air Pollutants). Upon approval by EPA, the State agency is
authorized to implement and enforce its rule in place of the Federal
rule.
EPA promulgated the National Emissions Standards for Hazardous Air
Pollutants for Halogenated Solvent Cleaning Facilities (``Halogenated
Solvent NESHAP'') on December 2, 1994. See 40 CFR part 63, subpart T.
EPA promulgated several amendments to the Halogenated Solvent NESHAP,
with the latest amendments promulgated on May 3, 2007.
On January 8, 2001, EPA received a request from RI DEM to implement
and enforce its Air Pollution Control Regulation Number 36, Control of
Emissions from Organic Solvent Cleaning (``RI Regulation No. 36'') as a
substitute for the Halogenated Solvent NESHAP, as it applies to organic
solvent cleaning machines in Rhode Island, except continuous web
cleaning machines. Upon evaluation, EPA requested that the RI DEM
revise its January 8, 2001 submission. On March 11, 2005, RI DEM
submitted a revised rule substitution package.
In a letter dated October 9, 2007, EPA requested that RI DEM
further revise RI Regulation No. 36 to address new facility-wide
emission limits and associated reporting and recordkeeping issued in
the May 3, 2007 amendments to the Halogenated Solvent NESHAP, as well
as several other requirements. On October 9, 2008, RI DEM finalized
amendments to RI Regulation No. 36, as well as to Rhode Island Air
Pollution Control General Definitions Regulation (``RI General
Definitions Rule''). On April 20, 2009, RI DEM submitted its amended RI
Regulation No. 36 and RI General Definitions Rule to be implemented and
enforced as a partial rule substitution in place of the Halogenated
Solvent NESHAP for all organic solvent cleaning machines, except
continuous web cleaning machines. RI DEM provided supplemental
information to its April 20, 2009 submission on June 12, 2009.
On September 30, 2009, EPA determined that the RI DEM April 20,
2009 submission, supplemented on June 12, 2009, was complete. As
explained below, EPA has reviewed the State's submission and determined
that the RI Regulation No. 36 and RI General Definitions Rule are no
less stringent than the Halogenated Solvent NESHAP, as applied to all
organic cleaning machines in Rhode Island, except continuous web
cleaning machines.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule, and if that provision may be
severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
II. What requirements must a State rule meet to substitute for a
section 112 rule?
A State must demonstrate that it has satisfied the general
delegation/approval criteria contained in 40 CFR 63.91(d). The process
of providing ``up-front approval'' assures that a State has met the
delegation criteria in section 112(l)(5) of the CAA (as codified in 40
CFR 63.91(d)), that is, that the State has demonstrated that its NESHAP
program contains adequate authorities to assure compliance with each
applicable Federal requirement, adequate resources for implementation,
and an expeditious compliance schedule. Under 40 CFR 63.91(d)(3),
interim or final Title V program approval satisfies the criteria set
forth in 40 CFR 63.91(d) for ``up-front approval.'' On October 1, 2001,
EPA promulgated full approval of RI DEM's operating permits program.
See 66 FR 49839. Accordingly, RI DEM has satisfied the up-front
approval criteria of 40 CFR 63.91(d).
Additionally, the ``rule substitution'' option requires EPA to make
a detailed and thorough evaluation of the State's submittal to ensure
that it meets the stringency and other requirements of 40 CFR 63.93. A
rule will be approved if the State or local government demonstrates:
(1) The State and local rules contain applicability criteria that are
no less stringent than the corresponding Federal rule; (2) the State
and local rule requires levels of control and compliance and
enforcement measures that would achieve emission reductions from each
affected source that are no less stringent than would result from the
otherwise applicable Federal standard; (3) the schedule for
implementation and compliance is consistent with the deadlines
established in the otherwise applicable Federal rule; and (4) the State
requirements include additional compliance and enforcement measures as
specified in 40 CFR 63.93(b)(4). See 40 CFR 63.93(b). After reviewing
RI DEM's amended partial rule substitution request and equivalency
demonstration for the Halogenated Solvent NESHAP, EPA has determined
this request meets all the requirements necessary for approval under
CAA section 112(l) and 40 CFR 63.91 and 63.93.
III. How will EPA determine equivalency for State alternative NESHAP
requirements?
Before we can approve alternative requirements in place of a part
63 emissions standard, the State must submit to us detailed information
that demonstrates how the alternative
[[Page 34649]]
requirements compare with the otherwise applicable Federal standard.
Under 40 CFR part 63 subpart E, the level of control in the State rule
must be at least as stringent as the level of control in the Federal
rule. In addition, in order for equivalency to be granted, the level of
control and compliance and enforcement measures (``MRR'') of the State
rule, taken together as a whole, must be equivalent to the level of
control and MRR of the Federal rule, taken together as a whole. A
detailed discussion of how EPA will determine equivalency for State
alternative NESHAP requirements is provided in the preamble to EPA's
proposed Subpart E amendments on January 12, 1999. See 64 FR 1908.
IV. EPA Determination of Rule Equivalency
A. What are the major differences between Rhode Island Regulation No.
36 and the Halogenated Solvent NESHAP?
Rhode Island Regulation No. 36 differs in several ways from the
Halogenated Solvent NESHAP. Most of these differences make RI
Regulation No. 36 more stringent than the Halogenated Solvent NESHAP.
However, some of the provisions require explanation and clarification
to explain how they are no less stringent than the Halogenated Solvent
NESHAP. The provisions of RI Regulation No. 36 that are the same as the
Halogenated Solvent NESHAP are not discussed in this section.
i. How do the applicability requirements differ?
The Halogenated Solvent NESHAP applies to each individual batch
vapor, in-line vapor, in-line cold, and batch cold solvent cleaning
machine that uses any solvent containing methylene chloride,
perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon
tetrachloride, or chloroform, or any combination of these Hazardous Air
Pollutant (``HAP'') solvents, in a total concentration greater than
five percent by weight, as a cleaning and/or drying agent. See 40 CFR
63.460(a). RI Regulation No. 36 applies to any organic solvent cleaning
machine using any volatile organic compound (``VOC'') or any volatile
HAP, including all types of solvent cleaning machines specified in the
Halogenated Solvent NESHAP for cleaning or drying parts, except any
cold cleaning machine that uses a solvent which contains no more than
5% VOC or volatile HAP by weight. See RI Regulation 36.2 and 36.1. RI
Regulation No. 36 is more stringent than the Halogenated Solvent NESHAP
because it applies to all organic solvent cleaning machines using any
organic solvent of any concentration, except cold cleaning machines
using less than 5% VOC or volatile HAP by weight.
ii. How do the compliance schedules differ?
The Halogenated Solvent NESHAP requires existing sources
constructed or reconstructed before November 29, 1993 to be in
compliance with their requirements, except for the facility-wide
emission limits, by December 2, 1997, and new sources must be in
compliance with their requirements, except for the facility-wide
emission limits, immediately upon startup or by December 2, 1994,
whichever is later. See 40 CFR 63.460(c) and (d). The Halogenated
Solvent NESHAP requires new sources to comply with the facility-wide
emission limits by May 3, 2007 or immediately upon startup, whichever
is later, and existing sources must comply by May 3, 2010. See 40 CFR
63.460(i). RI Regulation No. 36 requires existing sources constructed
or reconstructed before November 29, 1993 to be in compliance by
January 1, 1997 and new or reconstructed sources constructed after
November 29, 1993 must be in compliance immediately upon startup or by
April 8, 1996, whichever is later. RI Regulation No. 36 facility-wide
emission limits became effective on October 9, 2008. See RI Regulation
36.3 and 36.4.17. RI Regulation No. 36 compliance dates for existing
sources are earlier than the Halogenated NESHAP and new sources must
already be in compliance or must comply immediately upon startup.
Therefore, the RI Regulation No. 36 compliance deadlines are consistent
with the deadlines established in the Halogenated Solvent NESHAP.
iii. What provisions apply to continuous web cleaning machines?
EPA amended the Halogenated Solvent NESHAP on December 3, 1999, to
include provisions for continuous web cleaning machines. See 64 FR
67793. Continuous web cleaning machines are solvent cleaning machines
in which parts such as film, coils, wire, and metal strips are cleaned
at speeds typically in excess of 11 feet per minute, and EPA determined
that these types of cleaning machines warranted additional review
following the original promulgation of the Halogenated Solvent NESHAP.
RI Regulation No. 36 does not include specific provisions for
continuous web cleaning machines. RI DEM informed EPA that there are no
continuous web cleaning machines currently operating in Rhode Island
and that any new continuous web cleaning operations would be required
by Rhode Island Air Pollution Control Regulation No. 9, Air Pollution
Control Permits, to obtain a preconstruction permit prior to
installation. Under the provisions of subsection 9.3 of Regulation No.
9, a preconstruction permit is issued only if the process is determined
to employ Best Available Control Technology (BACT) and is in compliance
with all applicable State and Federal requirements. Under the Federal
rule substitution requirements in Section 63.93(a), ``permits must
already be issued to be used under this section.'' See 40 CFR
63.93(a)(4). Because RI DEM's rule does not include specific provisions
for continuous web cleaning machines and because EPA can only review
permits that are already issued for determining equivalency, EPA cannot
rely on any potential future permits issued under RI Air Pollution
Control No. 9 to demonstrate equivalency for continuous web cleaning
machines. Therefore, EPA is retaining the Federal requirements for
continuous web cleaning machines.
iv. How are the requirements for batch cold cleaning machines
different?
The Halogenated Solvent NESHAP requires batch cold cleaning
machines, except remote-reservoir machines, to employ a tightly-fitting
cover, and either: (1) A freeboard ratio of 0.75 or greater or (2) a
water layer of a minimum thickness of 1 inch on the surface of the
solvent cleaning machine. See 40 CFR 63.462(a). RI Regulation No. 36
requires batch cold cleaning machines to be equipped with a cover and a
freeboard ratio of greater than or equal to 0.75. See RI Regulation
36.5.2 and 36.5.3. RI does not allow the option of a water layer. All
other batch cold cleaning requirements are the same. See RI Regulation
36.5 and 36.4. RI's batch cold cleaning machine requirements are
equivalent to the Halogenated Solvent NESHAP.
v. How are the requirements for batch vapor and in-line cleaning
machines different?
The Halogenated Solvent NESHAP requires each cleaning machine to be
equipped with either: (1) An idling and downtime mode cover or (2) a
reduced room draft. See 40 CFR 63.463(a)(1)(i) and (ii). RI Regulation
No. 36 does not allow the use of reduced room drafts but does require
the use of a cover. See RI Regulation 36.6.1 and 36.7.1. This is
equivalent to the Halogenated Solvent NESHAP.
The Halogenated Solvent NESHAP requires each cleaning machine to
have
[[Page 34650]]
an automated parts handling system operated at 11 feet per minute (ft/
min) or less. See 40 CFR 63.463(a)(3). RI Regulation No. 36 requires an
automated parts handling system operated at 10 ft/min. See RI
Regulation 36.6.3 and 36.7.3. RI Regulation No. 36 is more stringent
than the Halogenated Solvent NESHAP.
The Halogenated Solvent NESHAP requires in-line cleaning machines
and batch vapor machines with a solvent air interface to operate using
either: (1) The control combinations specified in the appropriate
Tables or (2) an idling emission limit. See 40 CFR 63.463(b) and (c).
RI regulation No. 36 does not allow idling emission limits as an option
for compliance and specifies fewer control combination options than the
Halogenated Solvent NESHAP, but all control combinations allowed by RI
Regulation No. 36 are at least as stringent as the Halogenated Solvent
NESHAP control combinations. See RI Regulation 36.6.6, 36.6.7, 36.7.7,
and 36.7.8.
vi. How do the requirements for the alternative standards differ?
The Halogenated Solvent NESHAP allows facilities to meet a 3-month
rolling average monthly emission limit as an alternative to the control
technology standards for machines with or without a solvent/air
interface. See 40 CFR 63.464. RI Regulation No. 36 does not allow an
alternative emission limit standard for machines with a solvent/air
interface. RI Regulation No. 36 does allow an alternative emission
limit standard for machines without a solvent/air interface, which is
equivalent to the Halogenated Solvent NESHAP. See RI Regulation 36.8.
vii. How do the requirements for the facility-wide emission limits
differ?
The Halogenated Solvent NESHAP was amended on May 3, 2007 to
include new facility-wide emission limits and associated reporting and
recordkeeping requirements. For major sources, the facility-wide
emission limits apply to all solvent cleaning machines, except solvent
cleaning machines used in the manufacture and maintenance of aerospace
products, solvent cleaning machines used in the manufacture of narrow
tubing and all continuous web cleaning machines. For area sources, the
facility-wide emission limits apply to all solvent cleaning machines
except cold batch cleaning machines. See 40 CFR 63.471. RI Regulation
No. 36 includes a monthly halogenated HAP solvent emission limit for
all organic solvent cleaning operations, calculated on a 12-month
rolling average basis, unless RI approves a greater quantity of HAP
emissions in an operating permit. In no case shall emissions exceed the
facility-wide limit in 40 CFR 63.471. See RI Regulation 36.4.17. The RI
facility-wide emission limits are equivalent to or more stringent than
the Halogenated Solvent NESHAP.
viii. How are the monitoring requirements different?
The Halogenated Solvent NESHAP requires facilities operating a
carbon adsorber to maintain an exhaust concentration of 100 parts per
million (``ppm'') or less and conduct weekly monitoring using a
colorimetric detector tube. See 40 CFR 63.463(e)(2)(vii) and 63.466(e).
RI Regulation No. 36 requires that the solvent concentration in the
carbon adsorber exhaust shall not exceed 25 ppm and requires weekly
monitoring with a colorimetric detector tube. RI Regulation No. 36 also
requires an initial performance test using EPA Test Method 25 within 60
days of startup of the carbon adsorber. See RI Regulation 36.9.5. The
RI rule is more stringent than the Halogenated Solvent NESHAP.
ix. How do the reporting requirements differ?
RI Regulation No. 36 includes several differences in reporting
requirements. The Halogenated Solvent NESHAP requires new sources to
submit an initial notification as soon as practicable before startup.
See 40 CFR 63.468(b). RI Regulation No. 36 requires new sources to
submit the initial notification report 120 days before the startup of
the cleaning machine. See RI Regulation 36.11.1. The Halogenated
Solvent NESHAP requires a compliance report including certain
information to be submitted for new sources 150 days after startup. The
compliance report must include, among other requirements, the results
of the first 3 month average emission calculation for sources complying
with the alternative standard. See 40 CFR 63.468(c), (d) and (e). RI
Regulation No. 36 requires the compliance report be submitted 60 days
after startup of the cleaning machine and sources complying with the
alternative standard must only submit a calculation of emissions for
the first month. RI Regulation No. 36 cannot require a 3-month average
calculation because the report is due 60 days after startup. However,
the RI regulation does require sources to keep records of each 3-month
average calculation and to report this information annually. See RI
Regulation 36.10.3, 36.11.2 and 36.11.4.
The Halogenated Solvent NESHAP requires certain incidences to be
reported as exceedances. See 40 CFR 63.463(e). RI Regulation No. 36
includes these requirements, except for the following differences. The
Halogenated Solvent NESHAP requires the following incidences to be
reported as an exceedance, if the incidence is not corrected within 15
days: (1) Temperature monitoring exceedances; (2) a cover with cracks,
holes or other defects; and (3) carbon adsorber monitoring exceedances.
See 40 CFR 63.463(e)(3)(ii). RI Regulation No. 36 requires each of
these incidences to be reported as an exceedance regardless of whether
the incidence is corrected within 15 days. See RI Regulation 36.9.1
36.9.3, 36.9.4, 36.9.5. The RI Regulation is more stringent for these
exceedance report provisions. The Halogenated Solvent NESHAP requires
an exceedance report if an idling mode cover is not in place when parts
are not in the solvent cleaning machine or if the cover is located
above the lip exhaust. See 40 CFR 63.463(e)(3)(i). RI does not require
an exceedance report for these incidences but the RI rule prohibits
these incidences and requires a record to be kept if these incidences
occur. See RI Regulation 36.10.2(h), 36.6.1, 36.7.1.
The Halogenated Solvent NESHAP includes reporting and recordkeeping
requirements associated with the facility-wide emission limits in 40
CFR 63.471. RI does not require all of the reporting and recordkeeping
associated with the facility-wide emission limits, so long as the
source emits less than 50% of the facility-wide emission limit in 40
CFR 63.471. If a facility emits more than 50% of the facility-wide
emission limit in 40 CFR 63.471, it becomes subject to all of the
reporting and recordkeeping in 40 CFR 63.471. See RI Regulation
36.11.4(b). Specifically, RI does not require sources to maintain a log
of additions and deletions from the machine, and fill the machine on
the first day of each month to calculate the facility-wide emission
limit (except batch vapor machines). But, RI does require sources to
keep a record of the amount of perchloroethylene, trichloroethylene,
and methylene chloride used each month. See RI Regulation 36.10.2(b)
and 36.10.4(d). RI does not require all of the information in the
initial notification and statement of compliance due to EPA by May 3,
2010 under 40 CFR 63.471. However, RI Regulation No. 36 does require
sources to submit an annual report of solvent cleaning emissions by
April 15 of each year starting April 15, 2009. See RI Regulation
36.11.4(b). Also, RI has required the information in the May 3, 2010
report to be submitted
[[Page 34651]]
previously (e.g., date of installation of the machine and controls
used). See RI Regulation 36.11.1(a) and (b).
Although RI Regulation No. 36 includes several reporting and
recordkeeping differences, RI Regulation No. 36 is more stringent than
the Halogenated Solvent NESHAP in a number of areas. As discussed
above, RI Regulation No. 36 includes more stringent applicability, more
stringent monitoring requirements, and the control requirements are at
least equivalent to or more stringent than the Halogenated Solvent
NESHAP requirements. In addition, certain reporting requirements are
more stringent than the Halogenated Solvent NESHAP. Although RI
Regulation No. 36 includes some reporting and recordkeeping differences
from the Halogenated Solvent NESHAP, EPA has determined that the
requirements of RI Regulation No. 36 are, taken as a whole, equivalent
to the requirements of the Halogenated Solvent NESHAP.
V. What is EPA's action regarding Rhode Island Regulation No. 36?
After reviewing Rhode Island's request for approval of RI
Regulation No. 36, EPA has determined that Rhode Island's regulations
meet all of the requirements necessary for partial rule substitution
under section 112(l) of the CAA and 40 CFR 63.91 and 63.93. The Rhode
Island Regulation No. 36, taken as a whole, is no less stringent than
the Halogenated Solvent NESHAP, as applied to all solvent cleaning
machines, except continuous web cleaning machines. Therefore, EPA
hereby approves Rhode Island's request to implement and enforce Rhode
Island Air Pollution Control Regulation No. 36, Control of Emissions
from Organic Solvent Cleaning and Rhode Island Air Pollution Control,
General Definitions Regulation, in place of the Halogenated Solvent
NESHAP for all halogenated solvent cleaning machines in Rhode Island,
except continuous web cleaning machines. EPA retains the requirements
for continuous web cleaning machines. As of the effective date of this
action, RI Regulation No. 36 and RI General Definitions Rule are
enforceable by EPA and by citizens under the CAA. Although Rhode Island
has primary responsibility to implement and enforce RI Regulation No.
36 and RI General Definitions Rule, EPA retains the authority to
enforce any requirement of the rule upon its approval under CAA 112.
See CAA section 112(l)(7).
VI. Final Action
The EPA is approving the Rhode Island Air Pollution Control
Regulation No. 36, Control of Emissions from Organic Solvent Cleaning,
and Rhode Island Air Pollution Control General Definitions Regulation
as a partial rule substitution for the Halogenated Solvent NESHAP for
halogenated solvent cleaning machines in Rhode Island, except
continuous web cleaning machines. The EPA retains the requirements for
continuous web cleaning machines.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the rule revision should
relevant adverse comments be filed. This rule will be effective August
17, 2010 without further notice unless the Agency receives relevant
adverse comments by July 19, 2010.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the direct final rule and informing the public that the
direct final rule will not take effect. All public comments received
will then be addressed in a subsequent final rule based on the proposed
rule. The EPA will not institute a second comment period on the
proposed rule. All parties interested in commenting on the proposed
rule should do so at this time. If no such comments are received, the
public is advised that this rule will be effective on August 17, 2010
and no further action will be taken on the proposed rule. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, EPA may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
VII. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA), judicial review
of this final rule is available only by filing a petition for review in
the United States Court of Appeals for the appropriate circuit by
August 17, 2010. Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings brought by EPA to enforce these
requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for us to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Regional Administrator, U.S. Environmental Protection Agency, EPA
New England Regional Office, Five Post Office Square, Suite 100 (ORA01-
4), Boston, MA 02109-3912, with a copy to the person(s) listed in the
preceding FOR FURTHER INFORMATION CONTACT section, and the Regional
Counsel, U.S. Environmental Protection Agency, EPA New England Regional
Office, Five Post Office Square, Suite 100 (ORA01-4), Boston, MA 02109-
3912. Filing a petition for reconsideration by the Administrator of
this final rule under CAA section 307(d)(7)(B) does not affect the
finality of this rule for the purposes of judicial review, does not
extend the time within which a petition for judicial review may be
filed, and does not postpone the effectiveness of the rule.
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action approves equivalent State requirements in place of
Federal requirements under CAA section 112(l). This type of action is
exempt from review under Executive Order (``EO'') 12866.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action allows the State of
Rhode Island to implement equivalent State requirements in lieu of pre-
existing Federal requirements as applied only to halogenated solvent
cleaning machines. Thus, this action does not require any person to
submit information.
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
[[Page 34652]]
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
today's rule on small entities, small entity is defined as: (1) A small
business that meets the Small Business Administration size standards
found 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 today's final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not have a significant impact on a substantial number of
small entities because approvals under CAA section 112(l) and 40 CFR
63.93 do not create any new requirements. Such approvals simply allow a
State to implement and enforce equivalent requirements in place of the
Federal requirements that EPA is already imposing.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or Tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
Tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. This action allows the State of
Rhode Island to implement equivalent State requirements in lieu of pre-
existing Federal requirements as applied to halogenated solvent
cleaning machines. Such approvals simply allow a State to implement and
enforce equivalent requirements in place of the Federal requirements
that EPA is already imposing. Thus, this action does not significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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 Executive Order 13132. This action simply allows Rhode
Island to implement equivalent alternative requirements to replace a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
allows the State of Rhode Island to implement equivalent State
requirements in lieu of pre-existing Federal requirements as applied
only to halogenated solvent cleaning machines. This action 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 Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 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 Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it approves a
State program such that it allows the State of Rhode Island to
implement equivalent State requirements in lieu of pre-existing Federal
requirements as applied only to halogenated solvent cleaning machines.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 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, section 12(d) (15 U.S.C.
272 note) directs 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 the Office of Management and Budget
(``OMB''), explanations when the Agency decides not to use available
and applicable voluntary consensus standards.
This action does not involved 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 (Feb. 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 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. This action allows the State of Rhode Island to implement
equivalent State requirements in lieu of pre-existing Federal
requirements as applied only to halogenated solvent cleaning machines.
As explained above, the State requirements contain standards that are
at least equivalent to the Federal standards; thus, we anticipate only
a positive impact from this action.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 34653]]
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 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 the 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 August 17, 2010.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and record keeping
requirements.
Authority: This action is issued under the authority of section
112 of the Clean Air Act, as amended, 42 U.S.C. 7412.
Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
0
40 CFR part 63 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 A--[Amended]
0
2. Section 63.14 is amended by adding paragraph (d)(9) to read as
follows:
Sec. 63.14 Incorporation by reference.
(d) * * *
(9) Rhode Island Department of Environmental Management regulations
at Air Pollution Control Regulation No. 36, Control of Emissions from
Organic Solvent Cleaning, effective April 8, 1996, last amended October
9, 2008, and Rhode Island Air Pollution Control, General Definitions
Regulation, effective July 19, 2007, last amended October 9, 2008.
Incorporation By Reference approved for Sec. 63.99(a)(40)(ii) of
subpart E of this part.
* * * * *
Subpart E--[Amended]
0
3. Section 63.99 is amended by adding paragraph (a)(40) to read as
follows:
Sec. 63.99 Delegated Federal authorities.
(a) * * *
(40) Rhode Island.
(i) [Reserved]
(ii) Affected area sources within Rhode Island must comply with the
Rhode Island Regulations Applicable to Hazardous Air Pollutants
(incorporated by reference as specified in Sec. 63.14) as described in
paragraph (a)(40)(ii)(A) of this section:
(A) The material incorporated into the Rhode Island Department of
Environmental Management regulations at Air Pollution Control
Regulation No. 36, Control of Emissions from Organic Solvent Cleaning,
effective April 8, 1996, last amended October 9, 2008, and Rhode Island
Air Pollution Control, General Definitions Regulation, effective July
19, 2007, last amended October 9, 2008, pertaining to organic solvent
cleaning facilities in the State of Rhode Island jurisdiction, and
approved under the procedures in Sec. 63.93 to be implemented and
enforced in place of the Federal NESHAP for Halogenated Solvent
Cleaning Facilities (subpart T of this part), effective as of May 3,
2007, except for continuous web cleaning machines as defined in Sec.
63.461.
(1) Authorities not delegated.
(i) Rhode Island is not delegated the Administrator's authority to
implement and enforce Rhode Island regulations at Air Pollution Control
Regulation No. 36 and Rhode Island General Definitions Regulation in
lieu of those provisions of subpart T of this part which apply to
continuous web cleaning machines as defined in Sec. 63.461.
(ii) [Reserved]
(2) [Reserved]
(B) [Reserved]
* * * * *
[FR Doc. 2010-14508 Filed 6-17-10; 8:45 am]
BILLING CODE 6560-50-P