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National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning

 [Federal Register: December 2, 1994]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 63
[AD-FRL-5111-3]
RIN 2060-AC31
National Emission Standards for Hazardous Air Pollutants: 
Halogenated Solvent Cleaning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule and test method.



SUMMARY: This final rule promulgates national emission standards for 
hazardous air pollutants for halogenated solvent cleaners. These 
standards implement section 112 of the Clean Air Act (Act) and are 
based on the Administrator's determination that halogenated solvent 
cleaning machines emit halogenated organic chemicals identified in the 
Act list of 189 hazardous air pollutants (HAP). The halogenated solvent 
cleaner NESHAP requires batch vapor solvent cleaning machines and inline 
solvent cleaning machines to meet emission standards reflecting 
the application of the maximum achievable control technology for major 
and area sources; area source batch cold cleaning machines are required 
to achieve generally available control technology. The rule regulates 
the emissions of the following halogenated HAP solvents: methylene 
chloride (MC), perchloroethylene (PCE), trichloroethylene (TCE), 1,1,1-
trichloroethane (TCA), carbon tetrachloride (CT), and chloroform (C).
    The EPA is also finalizing Method 307 with the standard. This 
method can be used to demonstrate compliance with the idling standard.


EFFECTIVE DATE: December 2, 1994. See Supplementary Information section 
concerning judicial review.


ADDRESSES: Background Information Document. The background information 
document (BID) for the promulgated standards may be obtained from the 
U.S. EPA Library (MD-35), Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-2777. Please refer to ``National Emission 
Standards for Hazardous Air Pollutants, Halogenated Solvent Cleaning--
Background Information for Final Standards,'' EPA No. 453/R-94-071. The 
BID contains: (1) a summary of all the public comments made on the 
proposed standards and the Administrator's response to the comments; 
and (2) a summary of the changes made to the standards since proposal. 
A reasonable fee may be charged for copying.
    Docket. A docket, No. A-92-39, containing information considered by 
the EPA in development of the promulgated standards, is available for 
public inspection between 8:00 a.m. and 4:00 p.m., Monday through 
Friday, at the following address: U.S. Environmental Protection Agency, 
Air and Radiation Docket and Information Center (formerly known as the 
Air Docket) (MC-6102), 401 M Street SW., Washington, DC 20460 [phone: 
(202) 260-7548]. The docket is located at the above address in Room M-
1500, Waterside Mall (ground floor). A reasonable fee may be charged 
for copying.


FOR FURTHER INFORMATION CONTACT: For information concerning the final 
standard, contact Mr. Paul Almodovar, Coatings and Consumer Products 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina, 27711, 
telephone number (919) 541-0283.


SUPPLEMENTARY INFORMATION: National emission standards for hazardous 
air pollutants (NESHAP) for halogenated solvent cleaners were proposed 
in the Federal Register on November 29, 1993 (58 FR 62566). This 
Federal Register action announces the EPA's final decisions on the 
rule. Under section 307(b)(1) of the Act, judicial review of the NESHAP 
is available only by the filing of a petition for review in the U.S. 
Court of Appeals for the District of Columbia Circuit within 60 days of 
today's publication of this rule. Under section 307(b)(2) of the Act, 
the requirements that are the subject of today's notice may not be 
challenged later in civil or criminal proceedings brought by the EPA to 
enforce these requirements.


I. The Standards


    National emission standards for major sources of hazardous air 
pollutants established under section 112 of the Act reflect:


    ``* * * the maximum degree of reduction in emissions of the HAP 

 * * that the Administrator, taking into consideration the cost of 
achieving such emission reduction, and any nonair quality health and 
environmental impacts and energy requirements, determine is 
achievable for new or existing sources in the category or 
subcategory to which such emission standards applies * * *'' (the 
Act section 112(d)(2)).


Area sources are regulated with a MACT standard, unless there is 
justification for regulating them under GACT.
    The promulgated standard includes multiple alternatives to allow 
owners or operators maximum compliance flexibility. These alternatives 
include an equipment standard, in conjunction with work practice 
requirements, and an alternative overall solvent emissions standard. 
The idling emission limit and the alternative overall solvent emission 
standard are not available to owners or operators of batch cold 
cleaning machines.
    If an owner or operator of a batch vapor or in-line cleaning 
machine elects to comply with the equipment standard, they must install 
one of the control combinations listed in the regulation, use an 
automated parts handling system to process all parts, and follow 
multiple work practices. As an alternative to selecting one of the 
equipment control combinations listed in the regulation, an owner or 
operator may demonstrate that the batch vapor or in-line cleaning 
machine can meet the idling mode emission limit specified in the 
standards. In addition to maintaining this idling mode emission limit, 
the owner or operator of a batch vapor or in-line solvent cleaning 
machine must use an automated parts handling system to process all 
parts and comply with the work practice standards. A third alternative 
for complying with these standards is to comply with the overall 
solvent emissions limit. An owner or operator complying with the 
overall solvent emissions limit is required to ensure that the 
emissions from each solvent cleaning machine are less than or equal to 
the solvent emission levels specified in the standard. Under this 
alternative standard, an owner or operator is not required to use an 
automated parts handling system or to comply with the work practice 
standards.
    The batch cold cleaning machine standard is an equipment standard. 
However, those owners or operators choosing the equipment options 
without the water layer must also comply with work practice 
requirements. There is no idling standard or overall solvent emissions 
standard for batch cold cleaning machines. Batch cold cleaning machines 
located at nonmajor sources are exempt from title V permit 
requirements.
    Section 114(a)(3) of the amended CAA requires enhanced monitoring 
and compliance certification of all major stationary sources. The 
annual compliance certifications certify whether compliance has been 
continuous or intermittent. Enhanced monitoring shall be capable of 
detecting deviations from each applicable emission limit or standard 
with sufficient representativeness, accuracy, precision, reliability, 
frequency and timeliness to determine if compliance is continuous 
during a reporting period. The monitoring in this regulation satisfies 
the requirements of enhanced monitoring.


II. Summary of Impacts


    These standards will reduce nationwide emissions of hazardous air 
pollutants (HAP) from halogenated solvent cleaning machines by 77,400 
Mg/yr (85,300 tons per year), or 63 percent by 1997 compared to the 
emissions that would result in the absence of the standards. No adverse 
secondary air impacts, water or solid waste impacts are anticipated 
from the promulgation of these standards.
    The national annual energy usage due to the installation of the 
required control devices is expected to increase from 12.9 million KWH/
yr to 66.9 million KWH/yr, which is equivalent to approximately 29.3 
thousand barrels of oil. These estimates do not include energy savings 
from reduced solvent use.
    The implementation of this regulation is expected to result in an 
overall annual national net savings of $19 million. This includes a net 
annualized savings from installation of control devices of $30.5 
million and a total monitoring, reporting, and recordkeeping costs of 
$11.6 million. These savings will come from the significant decrease in 
solvent emissions and, therefore, solvent consumption, which outweigh 
the overall cost of air pollution control equipment and monitoring and 
recordkeeping costs.
    The economic impact analysis done at proposal showed that the 
economic impacts from the proposed standard would be insignificant. The 
economic impact analysis has not been revised for promulgation because 
the changes in costs are not expected to have any effect on the results 
of the analysis. While the estimated annual costs for the regulation 
have increased since proposal, there are still cost savings for most 
affected entities. Only entities with small or medium-sized cleaning 
machines will not have cost savings, and the costs for the selected 
regulatory alternatives for these entities have changed very little 
since proposal. Since those entities that do not have cost savings were 
the only ones analyzed in the proposal, and these costs have changed 
little, the results from the economic impact analysis at proposal 
should still hold for promulgation.


III. Significant Changes to the Proposed Standards


A. Public Participation


    Prior to proposal of the standards, interested parties were advised 
by public notice in the Federal Register (57 FR 46854), of a meeting of 
the National Air Pollution Control Techniques Advisory Committee to 
discuss the halogenated solvent cleaner source recommended for 
proposal. This meeting was held on November 17 and 18, 1992. The 
meeting was open to the public and each attendee was given an 
opportunity to comment on the standards recommended for proposal.
    The standards were proposed and published in the Federal Register 
on November 29, 1993 (58 FR 62566). The preamble to the proposed 
standards discussed the availability of the BID, which described the 
regulatory alternatives considered and the impacts of those 
alternatives. Public comments were solicited at the time of proposal, 
and copies of the BID were distributed to interested parties.
    To provide interested persons the opportunity for oral presentation 
of data, views, or arguments concerning the proposed standards, a 
public hearing was offered at proposal; however, one was not requested. 
The public comment period was from November 29, 1993 to January 28, 
1994. Fifty-seven comment letters were received. The comments have been 
carefully considered, and changes have been made in the proposed 
standards when determined by the Administrator to be appropriate.


B. Comments on the Proposed Standards


    Comments on the proposed standards were received from 57 commenters 
composed mainly of States, solvent cleaning machine users, solvent 
cleaning machine vendors, industry and industry trade associations. A 
detailed discussion of these comments and responses can be found in the 
promulgation BID, which is referenced in the ADDRESSES section of this 
preamble. The summary of comments and response in the BID serve as the 
basis for the revisions that have been made to the standards between 
proposal and promulgation. Most of the comment letters contained 
multiple comments. The comments have been divided into the following 
areas:
    <bullet> Selection of pollutants and source categories for 
regulation.
    <bullet> Emission control options.
    <bullet> Regulatory alternatives.
    <bullet> Benefits analysis/economics.
    <bullet> Equipment, idling, work practice and overall solvent 
emission limit standards.
    <bullet> Modification and reconstruction considerations.
    <bullet> Monitoring requirements.
    <bullet> Recordkeeping and reporting requirements.
    <bullet> Operating permit program.
    <bullet> Clarifications.
    <bullet> Miscellaneous.


C. Significant Changes


    Several changes have been made since the proposal of these 
standards. The majority of the changes have been made to clarify 
portions of the rule that were unclear to the commenters. Other changes 
include adding additional control combinations and an equation that 
allows cleaning machines that do not have a solvent vapor/air interface 
area to comply with the standard by meeting a solvent emission limit 
based on cleaning capacity. A summary of the major changes is presented 
below.
    (1) Several comments were made about the complexity of the rule, 
with many commenters offering suggested changes to clarify different 
sections. Many of these recommendations have been incorporated into the 
final rule. For example, the standards for batch cold cleaning machines 
have been moved to a separate section, the operator test has been 
included as appendix B, and a table summarizing the applicability of 
the General Provisions to this rule has been included in appendix C.
    (2) The applicability section of the rule has been clarified to 
ensure that the standard regulates only those solvents originally 
intended for inclusion; namely, MC, PCE, TCE, TCA, CT, and C. Several 
commenters were concerned that, as proposed, the rule could be 
interpreted to regulate non-halogenated solvents contaminated by trace 
amounts of halogenated solvent. The EPA never intended for these 
solvents to be included in these standards.
    (3) An equation and table have been added to allow solvent cleaning 
machines that do not have a solvent vapor/air interface area to comply 
with these standards. Several new cleaning machines are currently being 
developed by industry that cannot install the equipment control devices 
included in this final rule, do not have an idling mode, and do not 
have a solvent vapor/air interface area to relate to the solvent 
emission limit. The equation and table in the rule allow owners or 
operators of halogenated solvent cleaning machines without a solvent 
vapor/air interface area to comply with the standard by meeting an 
overall solvent emissions limit based on cleaning capacity that is 
equivalent to the overall solvent emissions limit for machines with a 
solvent vapor/air interface.
    (4) The list of equipment combinations has been modified to remove 
overlapping controls and to add carbon adsorbers to the control 
combinations.
    There are multiple control combinations available for meeting the 
rule, many of which are pollution prevention measures. Many of these 
options also reduce worker exposure. However, some sources may rely on 
lip exhausts instead in order to meet OSHA requirements. Use of a lip 
exhaust without any controls, while reducing worker exposure on the one 
hand, would dramatically increase the overall emissions to air. Thus, 
if lip exhausts are used on solvent cleaning machines, the rule 
requires carbon adsorption controls (which have been added explicitly 
as a control option in the final rule). Although the lip exhaust-carbon 
adsorption combination reduces worker exposure and overall emissions to 
air, it may impose additional cost and burden on sources as well as on 
the environment for a number of reasons. First, carbon adsorption units 
are generally more expensive than other controls listed in the options. 
Second, these units may present cross-media impacts such as effluent 
discharges if not properly operated and maintained, and spent carbon 
beds that have to be disposed of as hazardous waste. Thus, when making 
decisions about what controls to install on halogenated solvent 
cleaning machines to meet the requirements of this rule, all of these 
factors should be weighed and pollution prevention measures are 
encouraged wherever possible.
    The EPA acknowledges that data show little additional benefit is 
achieved by the use of a working-mode cover in the presence of reduced 
room draft. Therefore, these controls are no longer included in the 
same control combination.
    (5) Some changes have also been made to the compliance and 
reporting schedules. The initial notification report deadline for 
existing sources has been extended from 90 to 270 days after 
promulgation. This overrides the 120 day deadline in the final part 63 
General Provisions. This was done to allow more time for the delegation 
of this rule to the States and to allow more time to process the 
reports from the large number of facilities affected by this rule. The 
initial statement of compliance report deadline for new and existing 
sources has been extended from 30 days to 150 days after the compliance 
date to allow time for owners or operators to determine compliance with 
the 3-month rolling average emission limit. The compliance time for 
existing sources has been extended from 2 to 3 years. This extension 
has been provided to allow sources the maximum flexibility in complying 
with these standards, including allowing time to consider alternative 
cleaning technologies. This change is consistent with the General 
Provisions (Sec. 63.6(b)(3)). The exceedance report schedule has been 
changed to include a biannual exceedance report if there is not an 
exceedance. This change is consistent with the General Provisions 
(Sec. 63.10(e)). Exceedance reports must still be submitted quarterly 
if there is an exceedance.
    (6) Several commenters stated that the rule was complex and 
difficult to understand. They stated that additional guidance should be 
provided, particularly for small businesses. The EPA agrees that 
guidance would be helpful and has developed a brochure summarizing the 
rule, and will be developing a guidance manual that is scheduled for 
publication in January 1995. This guidance manual includes a detailed 
summary of the rule, example forms that can be used for reporting and 
recordkeeping, and additional assistance for evaluating alternative 
cleaning technologies.
    (7) Several commenters recommended that the EPA reduce the 
monitoring frequency of the emission control equipment. The EPA 
evaluated the monitoring frequencies and has added a provision to the 
final rule that allows the hoist monitoring frequency to decrease from 
monthly to quarterly if, the owner or operator has operated the hoist 
for one year without an exceedance in the hoist speed. The EPA has also 
changed the reduced room draft (RRD) monitoring frequency from weekly 
to quarterly with weekly monitoring of the parameters used to obtain 
the RRD.
    (8) Several comments were received on the batch cold cleaning 
machine equipment requirement provisions. A number of commenters 
reported the use of TCA, MC, and TCE in noncarburetor batch cold 
cleaning machine operations. The commenters stated that the proposed 
water layer control option was not always possible for these cleaning 
machines, particularly when TCA or TCE solvents are used. In order to 
address this issue, alternative control equipment options were added to 
the final rule to allow for the use of an increased freeboard ratio and 
cover, or remote-reservoir and cover, in lieu of a water layer and 
cover. An owner or operator complying with these alternative options 
must also comply with work practice requirements. The final rule also 
allows an owner or operator of a batch cold cleaning machine to use 
alternative control equipment, if demonstrated to be equivalent to the 
equipment requirements cited in the final rule and approved by the 
Administrator.


IV. Administrative Requirements


A. Docket


    The docket is an organized and complete file of all the information 
considered by the EPA in the development of this rulemaking. The docket 
is a dynamic file, since material is added throughout the rulemaking 
development. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the statement of basis and purpose of the proposed and 
promulgated standards and the EPA responses to significant comments, 
the contents of the docket will serve as the record in case of judicial 
review (section 307(d)(7)(A)).


B. Paperwork Reduction Act


    Information collection requirements associated with this regulation 
(those included in 40 CFR Part 63, Subpart A and Subpart T) have been 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et 
seq. and have been assigned OMB control number (2060-0273). An 
Information Collection Request (ICR) document has been prepared by the 
EPA (ICR No. 1652.02) to reflect the changed information requirements 
of the final rule and has been submitted to OMB for review. A copy may 
be obtained from Sandy Farmer, Information Policy Branch, EPA 2136, 401 
M St., SW, Washington, DC 20460, or by calling (202) 260-2740.
    The annual respondent burden and costs averaged over the first 3 
years for batch vapor and in-line cleaning machine subcategories are 
359,000 hours and $12.0 million. Since the reporting burden for some of 
the required activities will be incurred only once, the average annual 
burden for batch vapor and in-line cleaning machine subcategories will 
decrease after the first two years of implementation. For the batch 
cold cleaning machine subcategory, the annual respondent burden and 
costs averaged over the first 3 years are 33,000 hours and $1.1 
million. The batch cold cleaning machine subcategory is not expected to 
incur costs after the initial activities.
    This collection of information is estimated to have an annual 
public reporting and recordkeeping burden averaging 42 hours per 
facility over the first 3 years. These burden estimates include time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information.
    Several commenters to the proposed rule in recognizing this burden 
noted that the rule was complex and difficult to understand, and 
suggested that additional guidance be provided, particularly for small 
businesses. To address these concerns the Emission Standards Division 
and the Small Business Assistance Program are developing a brochure to 
summarize this rule, and will be developing a guidance manual scheduled 
to be published in January 1995. This manual will include a detailed 
summary of the rule, example forms for reporting and recordkeeping, to 
alleviate at least in part the paperwork burden, and additional 
material for evaluating alternative cleaning technologies.
    Send comments regarding the burden estimate or any other aspects of 
this collection of information, including suggestions for reducing this 
burden to Chief, Information Policy Branch (2/36), U.S. Environmental 
Protection Agency, 401 M St. SW., Washington, DC 20460; and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503, marked ``Attention: Desk Officer for the 
EPA.''


C. Executive Order 12866


    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 ``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 loan 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.
    Pursuant to the terms of the Executive Order, OMB has notified EPA 
that it considers this a ``significant regulatory action'' within the 
meaning of the Executive Order. The EPA has submitted this action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the public record.


D. Regulatory Flexibility Act


    The Regulatory Flexibility Act (or RFA, Pub. L. 96-354, September 
19, 1980) requires Federal agencies to give special consideration to 
the impact of regulation on small businesses. The RFA specifies that a 
final regulatory flexibility analysis must be prepared if a proposed 
regulation will have a significant economic impact on a substantial 
number of small entities. To determine whether a final RFA is required, 
a screening analysis, otherwise known as an initial RFA, is necessary.
    Regulatory impacts are considered significant if:
    (1) Annual compliance costs increase total costs of production by 
more than 5 percent; or
    (2) Annual compliance costs as a percent of sales are at least 20 
percent (percentage points) higher for small entities; or
    (3) Capital cost of compliance represents a significant portion of 
capital available to small entities; or
    (4) The requirements of the regulation are likely to result in 
closures of small entities. A ``substantial number'' of small entities 
is generally considered to be more than 20 percent of the small 
entities in the affected industry. Since the economic analysis deals 
only with small entities (in this case, facilities), it is also an 
initial RFA, and conclusions about the impacts on small entities can be 
drawn from what was done there already. Each of the criteria for 
significant impacts will be considered in turn.
    The largest increase in total cost of production from increased 
emission control is 0.61 percent (SIC 359--Industrial Machinery, 
n.e.c.). This figure is well below the significant-impact threshold of 
five percent.
    Assessing the differential impacts, measured by a comparison of 
compliance costs as a percent of sales for small and large entities, is 
more difficult as large model facilities were not analyzed in the 
economic impact analysis. Treatment of this small business impacts 
criterion involves creating two large model facilities.
    It is assumed that large facilities use large solvent cleaning 
machines, then compliance costs for large cleaning machines are 
negative, and are thus savings. To be conservative, it is assumed here 
that large model facilities possess five very large solvent cleaning 
machines, so that a ``maximum savings'' case is modelled. This case is 
important as it models the maximum cost differential between large and 
small facilities.
    Large model facilities were created for SICs 359 (Industrial 
Machinery, n.e.c.) and 254 (Partitions and Fixtures). SIC 359 was 
chosen because the small model facilities in this group experience the 
highest cost absorption impacts when compared with other small model 
facilities. SIC 254 was used because it had the smallest average perfacility 
revenue of facilities with greater than 100 employees. Thus, 
if they incur the same absolute savings as other large facilities, 
their relative percentage savings will be the highest, and they will 
experience the greatest cost savings in percentage terms as a result of 
the standard. The cost differentials are in no case larger than one 
percentage point. Thus, by this criterion, small business impacts are 
not deemed significant.
    The third criterion focuses on the amount of capital available to 
small businesses or facilities. Since the capital costs incurred as a 
result of investment in control equipment needed for small businesses 
to meet the standard was less than 10 percent of the businesses' total 
assets in all 39 affected SIC codes, it was concluded that the total 
assets of small facilities will not be so adversely affected as to 
prohibit the procurement of outside financing. (Examining an increase 
in capital costs as a percentage of total assets is a measure of the 
ability of a firm or facility to meet this capital costs increase.) The 
conclusion, then, is that lack of available capital will not be an 
obstacle for small facilities in complying with the regulation.
    Criterion number four stipulates that small business impacts are 
significant if compliance leads to closure. The only implication of 
closure in the economic impact analysis is found in the section on 
earnings impacts. Here it was found that, under worst-case assumptions, 
closures might occur in only two SIC codes, 254 and 259 (Miscellaneous 
Furniture and Fixtures), given their low rate of profitability in the 
baseline. If this indeed occurs, the question of whether or not these 
closures make up a substantial portion of small entities must be 
addressed. The actual number of impacted facilities in the 39 impacted 
SICs is unknown. If it can be assumed that each SIC is impacted in the 
same proportion, a proxy for the share of impacted facilities 
represented by SIC codes 254 and 259 is the total number of facilities 
in these SIC codes as a share of the total number of potentially 
impacted firms. SIC codes 254 and 259 hold a combined total 3,194 small 
facilities. This makes up 3.4 percent of the total 93,121 small 
facilities in all 39 SIC codes. Thus, in the extreme case that some 
closures result, the number of closures is estimated to be far less 
than the amount required to impact a substantial number of facilities.
    In conclusion, and pursuant to section 605(b) of the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), the Administrator certifies that this 
rule will not have a significant economic impact on a substantial 
number of small entities. The basis for the certification is that the 
economic impacts for small entities do not meet or exceed the four 
criteria in the Guidelines to the Regulatory Flexibility Act of 1980, 
as shown above. Further information on the initial RFA is available in 
the background information package (see Background Information Document 
section near the beginning of this preamble).


List of Subjects in 40 CFR Parts 9 and 63


    Environmental Protection, Air pollution control, Hazardous 
substances, Halogenated solvent cleaning machines, Reporting and 
recordkeeping requirements.


    Dated: November 15, 1994.
Carol M. Browner,
Administrator.


    For the reasons set out in the preamble, title 40, chapter I, of 
the Code of Federal Regulations is amended as set forth below:


PART 9--[AMENDED]


 The authority citation for part 9 continues to read as follows:


    Authority: 7 U.S.C. 135 et seq., 135-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344, 
1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975 
Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1, 
300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 
300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-
9657, 11023, 11048.


    2. Section 9.1 is amended by adding in numerical order a new entry 
to the table under the indicated heading to read as follows:



Sec. 9.1  OMB approvals under the Paperwork Reduction Act.


 * * * *



                                                             OMB control
                      40 CFR citation                            No.    
                                                                        
                                  *****                                 
 for Source Categories:                                                 
                                                                        
                                                                        
                                  *****                                 
                                                                        
                                                                        
                                  *****                                 
                                 or Less                                
  Option                        Control combinations                    
             vapor.                                                     
             vapor.                                                     
7.........  Freeboard refrigeration device, dwell.                      
  wherever possible.                                                    
                              Square Feet)                              
  Option                        Control combinations                    
             superheated vapor.                                         
             superheated vapor.                                         
             vapor.                                                     
             superheated vapor.                                         
             freeboard ratio of 1.0.                                    
             adsorber.                                                  
  wherever possible.                                                    
                                Machines                                
  Option                        Control combinations                    
3.........  Dwell, freeboard refrigeration device.                      
4.........  Dwell, carbon adsorber.                                     
  wherever possible.                                                    
  Option                        Control combinations                    
3.........  Superheated vapor, carbon adsorber.                         
  wherever possible.                                                    
                                                               3-month  
                                                               rolling  
                                                               average  
                                                               monthly  
                                                               emission 
                  Solvent cleaning machine                      limit   
                                                             (kilograms/
                                                                square  
                                                               meters/  
                                                                month)  
                                Interface                               
                                       3-month rolling average monthly  
0.00..............................                        0             
0.05..............................                       55             
0.10..............................                       83             
0.15..............................                      106             
0.20..............................                      126             
0.25..............................                      144             
0.30..............................                      160             
0.35..............................                      176             
0.40..............................                      190             
0.45..............................                      204             
0.50..............................                      218             
0.55..............................                      231             
0.60..............................                      243             
0.65..............................                      255             
0.70..............................                      266             
0.75..............................                      278             
0.80..............................                      289             
0.85..............................                      299             
0.90..............................                      310             
0.95..............................                      320             
1.00..............................                      330             
1.05..............................                      340             
1.10..............................                      349             
1.15..............................                      359             
1.20..............................                      368             
1.25..............................                      377             
1.30..............................                      386             
1.35..............................                      395             
1.40..............................                      404             
1.45..............................                      412             
1.50..............................                      421             
1.55..............................                      429             
1.60..............................                      438             
1.65..............................                      446             
1.70..............................                      454             
1.75..............................                      462             
1.80..............................                      470             
1.85..............................                      477             
1.90..............................                      485             
1.95..............................                      493             
2.00..............................                      500             
2.05..............................                      508             
2.10..............................                      515             
2.15..............................                      522             
2.20..............................                      530             
2.25..............................                      537             
2.30..............................                      544             
2.35..............................                      551             
2.40..............................                      558             
2.45..............................                      565             
2.50..............................                      572             
2.55..............................                      579             
2.60..............................                      585             
2.65..............................                      592             
2.70..............................                      599             
2.75..............................                      605             
2.80..............................                      612             
2.85..............................                      619             
2.90..............................                      625             
2.95..............................                      632             
                                          Boiling   Immersion           
                                          reading    reading    reading 
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                                                                        
                            Appendix C--General Provisions Applicability to Subpart T                           
                                  Applies to subpart T                                                          
          Reference           ----------------------------                        Comments                      
                                    BCC           BVI                                                           
63.1(a) (1)-(3)..............  Yes.........  Yes.........                                                       
                                                            each paragraph in subpart A to subpart T.           
63.1(a)(5)...................  No..........  No..........                                                       
63.1(a) (6)-(8)..............  Yes.........  Yes.........                                                       
63.1(a)(9)...................  No..........  No..........                                                       
63.1(a)(10)..................  Yes.........  Yes.........                                                       
                                                            reports through the U.S. mail, fax, and courier.    
                                                            Subpart T requires that the postmark for            
                                                            notifications and reports submitted through the U.S.
                                                            mail or other non-Governmental mail carriers be on  
                                                            or before deadline specified in an applicable       
                                                            requirement.                                        
63.1(a) (12)-(14)............  Yes.........  Yes.........                                                       
63.1(b)(1)...................  No..........  No..........  Subpart T specifies applicability.                   
63.1(b)(2)...................  No..........  Yes.........                                                       
                                                            cleaning machine applicability determination be kept
                                                            on site for 5 years, or until the cleaning machine  
                                                            changes its operations. The record shall be         
                                                            sufficiently detailed to allow the Administrator to 
                                                            make a finding about the source's applicability     
                                                            status with regard to subpart T.                    
63.1(c)(1)...................  Yes.........  Yes.........                                                       
                                                            permit exemption for halogenated HAP batch cold     
                                                            solvent cleaning machines that are not major sources
                                                            and not located at a major source. This section also
                                                            specifies a deferral from the requirement of a Title
                                                            V permit for owners or operators of solvent cleaning
                                                            machines subject to subpart T provisions, other than
                                                            halogenated HAP batch cold solvent cleaning         
                                                            machines, that are not major sources, and not       
                                                            located at a major source.                          
63.1(c)(3)...................  No..........  No..........                                                       
63.1(c)(4)...................  Yes.........  Yes.........                                                       
                                                            systems (CMS) or continuous opacity monitoring      
                                                            systems. Therefore, notifications and requirements  
                                                            for CMS and COMS specified in subpart A do not apply
                                                            to subpart T.                                       
63.1(d)......................  No..........  No..........                                                       
63.1(e)......................  No..........  Yes.........                                                       
                                                            and new overlap with the definitions for existing   
                                                            source and new source in subpart A (section 63.2).  
                                                            Both subpart A and T also define Administrator.     
63.3(a)-(c)..................  Yes.........  Yes.........                                                       
63.4(a) (1)-(3)..............  Yes.........  Yes.........                                                       
63.4(a)(4)...................  No..........  No..........                                                       
63.4(a)(5)...................  Yes.........  Yes.........                                                       
63.4(b)-(c)..................  Yes.........  Yes.........                                                       
63.5(a)(1)...................  Yes.........  Yes.........                                                       
63.5(a)(2)...................  Yes.........  Yes.........                                                       
63.5(b)(1)...................  Yes.........  Yes.........                                                       
63.5(b)(2)...................  No..........  No..........                                                       
                                                            prior to constructing a new or reconstructing an    
                                                            existing major source.                              
63.5(b)(4)-(6)...............  Yes.........  Yes.........                                                       
63.5(c)......................  No..........  No..........                                                       
                                                            application for approval of construction or         
                                                            reconstruction of a halogenated solvent cleaning    
                                                            machine.                                            
63.6(a)......................  Yes.........  Yes.........                                                       
                                                            dates.                                              
63.6(b)(6)...................  No..........  No..........                                                       
                                                            halogenated HAP solvent cleaning machine            
                                                            subcategories that are located at area sources as it
                                                            does for those located at major sources.            
                                                            promulgation for both area and major existing       
                                                            sources to comply.                                  
63.6(c) (3)-(4)..............  No..........  No..........                                                       
                                                            halogenated HAP solvent cleaning machine            
                                                            subcategories that are located at area sources as it
                                                            does for those located at major sources.            
                                                           Subpart T allows 3 years from the date of            
                                                            promulgation for both area and major existing       
                                                            sources to comply.                                  
63.6(d)......................  No..........  No..........                                                       
63.6(e)(1)-(2)...............  Yes.........  Yes.........                                                       
                                                            shutdown, and malfunction plan. Subpart T specifies 
                                                            startup and shutdown procedures to be followed by an
                                                            owner or operator for batch vapor and in-line       
                                                            cleaning machines.                                  
63.6(f)-(g)..................  Yes.........  Yes.........                                                       
                                                            or visible emission standard.                       
63.6(i) (1)-(14).............  Yes.........  Yes.........                                                       
63.6(i)(15)..................  No..........  No..........                                                       
63.6(i)(16)..................  Yes.........  Yes.........                                                       
63.6(j)......................  Yes.........  Yes.........                                                       
                                                            perform an idling emission performance test as a way
                                                            of demonstrating compliance. Other options are also 
                                                            available that do not require a performance test.   
                                                            that choose the idling emission standard as their   
                                                            compliance option.                                  
                                                            that choose the idling emission standard as their   
                                                            compliance option.                                  
                                                            for the idling emission performance test.           
                                                            involves the retrieval of gas samples, and therefore
                                                            this does not apply.                                
                                                            performance test option.                            
63.7(e)......................  No..........  Yes.........                                                       
63.7(f)......................  No..........  Yes.........                                                       
                                                            idling emission standard compliance through the use 
                                                            of the Environmental Protection Agency test method  
                                                            307 and control device monitoring. Reports and      
                                                            records of testing and monitoring are required for  
                                                            compliance verification. Three runs of the test are 
                                                            required for compliance, as specified in section    
                                                            63.7(e) of subpart A.                               
                                                            test to comply with the standard. The idling        
                                                            emission standard option (which requires an idling  
                                                            emission performance test) is an alternative option 
                                                            offered to owners or operators of batch vapor and in-
                                                            line cleaning machines for compliance flexibility.  
63.8 (a)-(b).................  Yes.........  Yes.........                                                       
                                                            monitoring systems to demonstrate compliance.       
63.8(f)......................  Yes.........  Yes.........                                                       
                                                            monitoring systems and continuous monitoring systems
                                                            data.                                               
63.9(a) (1)-(4)..............  Yes.........  Yes.........                                                       
63.9(b)(1)...................  Yes.........  Yes.........                                                       
                                                            in subpart A, except that subpart A also requires a 
                                                            statement as to whether the affected source is a    
                                                            major or an area source, and an identification of   
                                                            the relevant standard (including the source's       
                                                            compliance date). Subpart T also has some more      
                                                            specific information requirements specific to the   
                                                            affected source (see subpart T, sections 63.468(a)- 
                                                            (b)).                                               
                                                            reports differ (see above).                         
                                                            approval of construction or reconstruction.         
                                                            owners or operators choosing to comply with the     
                                                            idling emissions standard.                          
                                                            emission observations.                              
                                                            monitoring systems or continuous opacity monitoring 
                                                            systems.                                            
                                                            statement of compliance for existing sources to be  
                                                            submitted to the Administrator no later than 150    
                                                            days after the compliance date specified in section 
                                                            63.460(d) of subpart T. For new sources, this report
                                                            is to be submitted to the Administrator no later    
                                                            than 150 days from the date specified in section    
                                                            63.460(c).                                          
63.9(i)......................  Yes.........  Yes.........                                                       
63.9(j)......................  Yes.........  Yes.........                                                       
63.10(a).....................  Yes.........  Yes.........                                                       
                                                            T.                                                  
                                                            systems.                                            
63.10(d)(1)..................  Yes.........  Yes.........                                                       
                                                            monitoring systems.                                 
                                                            systems.                                            
                                                            monitoring systems.                                 
63.10(f).....................  Yes.........  Yes.........                                                       
63.11(a).....................  Yes.........  Yes.........                                                       
63.12 (a)-(c)................  Yes.........  Yes.........                                                       
63.13 (a)-(c)................  Yes.........  Yes.........                                                       
                                                            test methods incorporated by reference in subpart A.
63.15(a)-(b).................  Yes.........  Yes.........                                                       
BCC=Batch Cold Cleaning Machines.                                                                               
BVI=Batch Vapor and In-line Cleaning Machines. 

 
 


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