National Emission Standards for Hazardous Air Pollutants for Source Categories: Perchloroethylene Dry Cleaning Facilities; Amendments

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5612-2]

RIN 2060-AF90

National Emission Standards for Hazardous Air Pollutants for

Source Categories: Perchloroethylene Dry Cleaning Facilities;

Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final amendments to rule.

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SUMMARY: This action promulgates amendments to the national emission

standards for hazardous air pollutants (NESHAP) for perchloroethylene

(PCE) dry cleaning facilities. These amendments were proposed in the

Federal Register on May 3, 1996; the NESHAP was promulgated in the

Federal Register on September 22, 1993. The Administrator is

promulgating these amendments to implement a settlement agreement that

the EPA has entered into regarding a small number of transfer machines.

EFFECTIVE DATE: September 19, 1996.

ADDRESSES: 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 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. The Air and

Radiation Docket and Information Center may be reached at (202) 260-

7548. 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 provides a guide for readers regarding entities

likely to be regulated by this action. However, to determine whether

your facility is regulated by this action you should carefully examine

the applicability criteria in 40 CFR. 63.320 as amended by today's

action. If you have questions regarding the applicability of this

action to a particular entity, consult the person listed in the

preceding FOR FURTHER INFORMATION CONTACT section.

The information presented in this preamble is organized as follows:

I. Background, Summary, and Rationale for Promulgated Chances to

Rule

II. Comments Received on Proposed Changes to Rule

III. Administrative Requirements

A. Paperwork Reduction Act

B. Executive Order 12866 Review

C. Unfunded Mandates Reform Act

D. Regulatory Flexibility Analysis

E. Submission to Congress and the General Accounting Office

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I. Background, Summary, and Rationale for Promulgated Changes To

Rule

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 November 19, 1993, the

International Fabricare Institute (IFI), a trade association

representing commercial and industrial dry cleaners nationwide, filed

in the U.S. Court of Appeals for the District of Columbia Circuit a

petition for judicial review challenging the NESHAP. The Agency

subsequently entered into a settlement agreement with IFI, notice of

which was published prior to being filed with the court (60 FR 52000,

October 4, 1995).

In the litigation, IFI raised the issue of new transfer machines

purchased or installed between proposal and promulgation. The IFI's

concern stemmed from the fact that the Agency did not propose to ban

new transfer machines, yet at promulgation effectively banned 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 would have had 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 was 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 of the NESHAP, the Agency effectively

banned the purchase of new transfer machines (58 FR 49,368-49,370).

This was considered reasonable because the Agency's analysis showed

that emissions from clothing transfer could be eliminated through the

use of dry-to-dry machines. 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 by setting an emission limit which new transfer

machines could not 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 has agreed with IFI on this issue. Consequently, the

Administrator has subcategorized 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 finalizing today for new transfer

machines installed after promulgation do not change. The requirements

the Administrator is promulgating today for the new subcategory, new

transfer machines installed between proposal and promulgation, however,

are similar to those for existing transfer machines.

Today's action does not sacrifice significant emissions reductions

because the number of affected machines is approximately one-tenth of

one percent of all dry cleaning machines (possibly 30 machines).

Today's action allows 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 maintains the prospective

prohibition on new transfer machines.

II. Comments Received on Proposed Changes to Rule

Four comments were received on the proposed amendments to the

NESHAP. Two comments were received from industry trade associations and

two comments were received from states. All four commenters were

supportive of the proposed amendments for basically the same reasons

outlined at proposal (61 FR 19887, May 3, 1996). Therefore, no changes

have been made to the proposed amendments to the NESHAP.

III. 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 Reform 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

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assessment of the costs and benefits of the rule, including the effect

of the mandate on health, safety, 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 Analysis

EPA has determined that it is not necessary to prepare a regulatory

flexibility analysis in connection with this final rule. This rule will

reduce regulatory burdens on small businesses because it will allow

small businesses that own or operate those few transfer machines

installed after December 9, 1991, but before September 22, 1993, to

keep these machines in use rather than requiring such businesses to

replace these machines or stop operations. EPA has determined that this

rule will not have an significant adverse economic impact on a

substantial number of small businesses.

E. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated: September 11, 1996.

Carol M. Browner,

Administrator.

Title 40, chapter I, part 63, of the Code of Federal Regulations is

amended to read 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.

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(c) Each dry cleaning system that commenced construction or

reconstruction before December 9, 1991, and each new transfer machine

system 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 paragraph (a)(1) or (a)(2) of this section and shall comply

with paragraph (a)(3) of this section 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:

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[FR Doc. 96-23911 Filed 9-18-96; 8:45 am]

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