[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Proposed Rules]
[Pages 19887-19889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11079]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-5468-1]
National Emission Standards for Hazardous Air Pollutants for
Source Categories: Perchloroethylene Dry Cleaning Facilities;
Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed amendments to rule.
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SUMMARY: This action proposes amendments to the national emission
standards for hazardous air pollutants (NESHAP) for perchloroethylene
(PCE) dry cleaning facilities promulgated in the Federal Register on
September 22, 1993. The NESHAP was promulgated to minimize emissions of
PCE, which has been listed by EPA as a hazardous air pollutant (HAP).
The Administrator is proposing to implement a settlement agreement that
the EPA has entered into regarding a small number of transfer machines.
DATES: Comments. Comments on the proposed amendments must be received
by June 17, 1996.
Public Hearing. Persons requesting a public hearing should contact
Mr. George Smith at (919) 541-1549 by May 15, 1996. If anyone requests
a public hearing by May 15, 1996, a public hearing will be held in
Research Triangle Park, North Carolina. Persons wishing to make oral
statements at this public hearing must contact Mr. Smith by May 15,
1996 at (919) 541-1549, Emission Standards Division, U.S. EPA, MD-13,
Research Triangle Park, NC 27711. Persons interested in attending the
public hearing should also contact Mr. Smith for information on the
exact location of the public hearing, if one is requested.
ADDRESSES: Comments. Comments on the proposed amendments should be
submitted (in duplicate, if possible) to: The Air and Radiation Docket
and Information Center, U.S. Environmental Protection Agency, Mail Code
6102, 401 M Street, SW, Washington, DC 20460, attention Docket Number
A-95-16.
Docket. Docket Number A-95-16, containing supporting information
used in developing the proposed amendments, is available for public
inspection and copying between the hours of 8:00 a.m. and 5:30 p.m.,
Monday through Friday (except for government holidays) at The Air and
Radiation Docket and Information Center, U.S. Environmental Protection
Agency, 401 M Street SW., Washington, DC 20460. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Mr. George Smith at (919) 541-1549,
Emission Standards Division (MD-13), U. S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711.
SUPPLEMENTARY INFORMATION: Regulated entities. Entities regulated by
this action are dry cleaning facilities that use perchloroethylene.
Regulated categories and entities include:
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Examples of regulated
Category entities
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Perchloroethylene dry cleaning facilities. Perchloroethylene dry
cleaning facilities that
installed transfer machines
between proposal and
promulgation.
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The above table is an exhaustive guide for readers regarding
entities to be regulated by this action.
The information presented in this preamble is organized as follows:
I. Background, Summary, and Rationale for Rule Changes
II. Administrative Requirements
A. Paperwork Reduction Act
B. Executive Order 12866 Review
C. Unfunded Mandates Act
D. Regulatory Flexibility Act
I. Background, Summary, and Rationale for Rule Changes
National emission standards for hazardous air pollutants (NESHAP)
for perchloroethylene (PCE) dry cleaning facilities were promulgated on
September 22, 1993 (58 FR 49354), and amended on December 20, 1993 (58
FR 66287), as 40 CFR Part 63, subpart M. On December 20, 1993, the
International Fabricare Institute (IFI), a trade association
representing commercial and industrial dry cleaners nationwide,
submitted a statement of issues to the U.S. Court of Appeals for the
District of Columbia Circuit challenging the NESHAP. The Agency
subsequently entered into a settlement agreement with IFI, notice of
which was published prior to being lodged with the court (60 FR 52000,
October 4, 1995).
International Fabricare Institute raised the issue of new transfer
machines purchased or installed between proposal and promulgation. The
IFI's concern stems from the fact that the Agency did not propose to
ban new transfer machines, yet at promulgation did ban such machines.
The IFI argued that dry cleaners who installed new transfer machines
between proposal and promulgation did so with the understanding that
the Agency had not proposed any prohibitions against this. These dry
cleaners now have no recourse but to scrap these new transfer machines
and replace them with new dry-to-dry machines in order to comply with
the NESHAP. The IFI asserted that this is unfair, given these dry
cleaners acted in accordance with the law to the best of their
knowledge at the time.
At the time of proposal, the Agency believed that no new transfer
machines were being sold or installed, and for this reason did not
propose to ban purchase of new transfer machines. However, due to new
information that the Agency received after proposal that is explained
in the preamble to the final rule, the Agency banned the purchase of
new transfer machines. The ban was considered reasonable because the
Agency's analysis showed that emissions from clothing transfer could be
eliminated by requiring dry-to-dry machines in their place. Emissions
from clothing transfer account for about 25 percent of transfer machine
emissions. The Agency's analysis also showed that in the typical case
where a new dry-to-dry machine was installed instead of a new transfer
machine, a net savings of $300 per ton of emission reductions would be
realized by the dry cleaner. Hence, the Agency decided at promulgation
to effectively ``ban'' new transfer machines from being introduced
subsequent to promulgation, by making the emission limit for new
transfer machines impossible to achieve. It was believed this decision
would have no impact on dry cleaners, since no new transfer machines
were being purchased or installed. It was only after promulgation that
it became apparent that a few new transfer machines had been sold and
installed between proposal and promulgation of the NESHAP.
The Agency agrees with IFI on this issue. Consequently, the
Administrator proposes to subcategorize new transfer machines into two
types: new transfer machines installed after promulgation (i.e.,
September 22, 1993) and new transfer machines installed between
proposal (i.e., December 9, 1991) and promulgation (i.e., September 22,
1993). The requirements the Administrator is proposing today for new
transfer machines installed after promulgation
[[Page 19888]]
do not change from what they are in the NESHAP--under no circumstances
are new transfer machines installed after promulgation allowed to
operate. The requirements the Administrator is proposing today for the
new subcategory, new transfer machines installed between proposal and
promulgation, are similar to those for existing transfer machines.
Creation of the subcategory would recognize differences in the
technologies used at new sources and the achievability of the emissions
limit by these technologies. As noted, at the time it set the emissions
limit, the Agency failed to recognize that some owners and operators
had installed transfer machines after the proposal. Transfer machine
technology is fundamentally different than dry-to-dry technology. In
order to stay in business, an owner or operator that had installed new
transfer machines after proposal would have to purchase both a transfer
machine system and a dry-to-dry system in time period between December
9, 1991 (proposal) and September 22, 1996 (final rule compliance date),
while an owner and operator of a new source built after promulgation
would only have to purchase one dry-to-dry system. The investment
required for parties that had installed transfer machines would not be
achievable for these parties, which are mostly small businesses. The
proposal would not sacrifice significant emissions reductions because
the number of affected machines is approximately one-tenth of one
percent of all dry-cleaning machines. Today's proposal would allow for
the greatest achievable emissions reductions by both those who had
installed transfer machines prior to issuance of the final rule and all
other new sources and would maintain the prospective prohibition on new
transfer machines.
II. Administrative Requirements
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP for PCE Dry Cleaning Facilities were submitted to
and approved by the Office of Management and Budget. A copy of this
Information Collection Request (ICR) document (OMB control number 2060-
0234) may be obtained from Sandy Farmer, Information Policy Branch (PM-
223Y); U.S. Environmental Protection Agency; 401 M Street, SW;
Washington, DC 20460 or by calling (202) 260-2740. Today's changes to
the NESHAP for PCE Dry Cleaning Facilities do not affect the
information collection burden estimates made previously.
B. Executive Order 12866 Review
Under Executive Order 12866 [58 FR 51735, (October 4, 1993)], the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines a ``significant regulatory action''
as one that is likely to result in a rule that may:
1. Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
2. Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
3. Materially alter the budgetary impact of entitlements, grants,
user fees, or land programs or the rights and obligations of recipients
thereof; or
4. Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
This rule was classified ``non-significant'' under Executive Order
12866 and, therefore, was not reviewed by the Office of Management and
Budget.
C. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a statement to accompany any proposed rule where the
estimated costs to State, local, or tribal governments, or to the
private sector, will be $100 million or more in any one year. Under
Section 205, EPA must select the most cost-effective and least
burdensome alternative that achieves the objective of the rule and is
consistent with statutory requirements. Section 203 requires EPA to
establish a plan for informing and advising any small governments that
may be significantly impacted by the rule. The unfunded mandates
statement under Section 202 must include: (1) a citation of the
statutory authority under which the rule is proposed, (2) an assessment
of the costs and benefits of the rule, including the effect of the
mandate on health, safety, and the environment, and the federal
resources available to defray the costs, (3) where feasible, estimates
of future compliance costs and disproportionate impacts upon particular
geographic or social segments of the nation or industry, (4) where
relevant, an estimate of the effect on the national economy, and (5) a
description of EPA's prior consultation with State, local, and tribal
officials.
The amendments to the NESHAP that the Administrator is proposing
today will not cause State, local, or tribal governments, or the
private sector to incur costs that will be $100 million or more in any
one year. Rather, the costs involved in this rulemaking are relatively
insignificant in comparison to the $100 million threshold of the
Unfunded Mandates Act. Therefore, the requirements of the Unfunded
Mandates Act are not applicable to this rulemaking.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires the identification
of potentially adverse impacts of federal regulations upon small
business entities. The Act specifically requires the completion of a
Regulatory Flexibility Analysis in those instances where small business
impacts are possible. Because this rulemaking imposes no adverse
economic impacts, a Regulatory Flexibility Analysis has not been
prepared.
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this rule will not have a significant economic impact on a
substantial number of small business entities.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: April 26, 1996.
Carol M. Browner,
Administrator.
Title 40, chapter I, part 63, of the Code of Federal Regulations is
proposed to be amended as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart M--National Perchloroethylene Air Emission Standards for
Dry Cleaning Facilities
2. Section 63.320 is amended by revising paragraphs (c), (d), (e),
and (f) to read as follows:
Sec. 63.320 Applicability.
* * * * *
(c) Each dry cleaning system that commenced construction or
reconstruction before December 9, 1991 and each new transfer machine
system
[[Page 19889]]
and its ancillary equipment that commenced construction or
reconstruction on or after December 9, 1991 and before September 22,
1993 shall comply with Secs. 63.322 (c), (d), (i), (j), (k), (l), and
(m), 63.323(d), and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4),
and (e) beginning on December 20, 1993 and shall comply with other
provisions of this subpart by September 23, 1996.
(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. 63.322,
Sec. 63.323, and Sec. 63.324, except paragraphs 63.322 (c), (d), (i),
(j), (k), (l), and (m), 63.323(d), and 63.324 (a), (b), (d)(1), (d)(2),
(d)(3), (d)(4), and (e) if the total perchloroethylene 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. 63.322, Sec. 63.323, and Sec. 63.324,
except paragraphs 63.322 (c), (d), (i), (j), (k), (l), and (m),
63.323(d), and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e)
if the perchloroethylene consumption of the dry cleaning facility is
less than 760 liters (200 gallons) per year. Consumption is determined
according to Sec. 63.323(d).
(f) If the total yearly perchloroethylene consumption of a dry
cleaning facility determined according to Sec. 63.323(d) is initially
less than the amounts specified in paragraph (d) or (e) of this
section, but later exceeds those amounts, the existing dry cleaning
system(s) and new transfer machine system(s) and its (their) ancillary
equipment installed between December 9, 1991 and September 22, 1993 in
the dry cleaning facility must comply with Sec. 63.322, Sec. 63.323,
and Sec. 63.324 by 180 calendar days from the date that the facility
determines it has exceeded the amounts specified, or by September 23,
1996, whichever is later.
* * * * *
3. Section 63.322 is amended by revising paragraphs (a)
introductory text and (b) introductory text to read as follows:
Sec. 63.322 Standards.
(a) The owner or operator of each existing dry cleaning system and
of each new transfer machine system and its ancillary equipment
installed between December 9, 1991 and September 22, 1993 shall comply
with either (a)(1) or (a)(2) of this paragraph and shall comply with
(a)(3) of this paragraph if applicable.
* * * * *
(b) The owner or operator of each new dry-to-dry machine and its
ancillary equipment and of each new transfer machine system and its
ancillary equipment installed after September 22, 1993:
* * * * *
[FR Doc. 96-11079 Filed 5-2-96; 8:45 am]
BILLING CODE 6560-50-P
