[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Proposed Rules]
[Pages 34647-34651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12144]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA185-4191; FRL-7211-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania; Control of Volatile Organic Compounds 
From Solvent Cleaning Operations

AGENCY: Environmental Protection Agency (EPA).

[[Page 34648]]


ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Commonwealth of Pennsylvania. This revision 
includes the adoption of revised volatile organic compound (VOC) 
control regulations for solvent cleaning operations, and also adds new 
definitions and amends certain existing definitions for terms used in 
regulations pertaining to solvent cleaning operations.

DATES: Written comments must be received on or before June 14, 2002.

ADDRESSES: Written comments may be mailed to David L. Arnold, Chief, 
Air Quality Planning and Information Services Branch, Mailcode 3AP21, 
U.S. Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. Copies of the documents relevant to 
this action are available for public inspection during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103; 
and the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034, or by 
e-mail at [email protected]. Please note that while questions may 
be posed via telephone and e-mail, formal comments must be submitted in 
writing, as indicated in the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION: On February 13, 2002, the Pennsylvania 
Department of Environmental Protection (PADEP) submitted a State 
Implementation Plan (SIP) revision. This revision consists of revised 
regulations for the control of VOC emissions from solvent cleaning 
operations. PADEP submitted this SIP revision in order to reduce VOCs 
emitted from solvent cleaning operations statewide. These regulations 
will help to achieve additional VOC emission reduction benefits needed 
in the Philadelphia-Wilmington-Trenton severe nonattainment area (the 
Philadelphia area) to close an EPA-identified shortfall in the 
attainment demonstration submitted by Pennsylvania for the Philadelphia 
area and approved by EPA on October 26, 2001 (66 FR 54143).

I. Background

    Under the Federal Clean Air Act (CAA), states are required to 
ensure that the ambient air meets the National Ambient Air Quality 
Standards (NAAQS). In areas where those standards are not met, states 
are required to develop and implement emission control plans to meet 
the standards, and then to ensure that the standards are maintained.
    The Ozone Transport Commission (OTC) was created by Congress, 
pursuant to the CAA amendments of 1990, to help coordinate control 
plans for reducing ground-level ozone in the Northeast and mid-Atlantic 
states. The OTC continues to work individually and collectively to 
ensure attainment and maintenance of the national ambient air quality 
standards (NAAQS). This includes identifying any remaining control 
measures that may be necessary to attain and maintain the NAAQS. Six 
states (Connecticut, Delaware, Maryland, New Jersey, New York, and 
Pennsylvania) in particular are focusing on additional control measures 
as part of their severe area ozone attainment demonstrations. Working 
regionally, the OTC states expedited development of control measures 
into model rules for a number of source categories and estimated 
emission reduction benefits from implementing these model rules. 
Implementing the model rules will result in SIP emission reductions in 
VOC and NOX to support the attainment demonstrations, as 
well as reducing ground-level ozone in other areas of the states. The 
model rules that were developed may be used by states as a framework 
for state-specific regulations. Each state must act pursuant to its own 
administrative process in order to promulgate and implement the model 
rules.
    On October 26, 2001 (66 FR 54143), EPA approved the one-hour 
attainment demonstration SIP submitted by Pennsylvania for the 
Philadelphia area, with the understanding that the Commonwealth would 
submit additional emission reduction measures to address EPA-identified 
emission shortfalls. One of the emission reduction measures identified 
by the OTC to help attain and maintain the one-hour ozone standard was 
a regulation reducing VOC emissions from solvent cleaning operations. 
Pennsylvania submitted a SIP revision to its solvent cleaning 
regulations to EPA on February 13, 2002, based upon the model rule 
developed by the OTC.
    This revision will reduce VOCs emitted from solvent cleaning 
operations throughout the Commonwealth and will help achieve the 
additional VOC emission reduction benefits needed by the Philadelphia 
area to meet its attainment demonstration commitments.

II. Summary of SIP Submittal

    On February 13, 2002, the Commonwealth of Pennsylvania submitted a 
SIP revision revising its VOC control requirements for solvent cleaning 
operations throughout the state. Specifically, a new section, section 
129.63 of Chapter 129, Standards for Sources, Sources of VOCs, VOC 
Cleaning Operations, is replacing the current section 129.63 to update 
equipment requirements for solvent cleaning machines to make the 
requirements consistent with current technology. In addition, the 
operating requirements in section 129.63 are being revised to specify 
improved operating practices. This SIP revision also adds and revises 
definitions for terms in Chapter 121, section 121.1 Definitions, that 
are used in the substantive sections of Chapter 129 relating to 
standards for sources.
    This revision also specifies volatility limits for solvents used in 
cold cleaning machines. This revision only applies to those operations 
that use solvents containing greater than 5 percent VOC content by 
weight for the cleaning of metal parts. This revision exempts solvent 
cleaning machines that are subject to the Federal Solvent Cleaning 
NESHAP (National Emission Standard for Hazardous Air Pollutants), and 
provides operators of solvent cleaning machines a choice of compliance 
options for meeting the requirements of this rulemaking. Owners and 
operators of affected solvent cleaning machines can either implement a 
program using low volatility solvents or they can assure that the 
affected units meet specific hardware requirements. Some of the VOC 
control requirements in this rulemaking are more stringent than the 
control requirements in the Federal Control Techniques Guidelines 
issued in 1977. PADEP revised the solvent cleaning operations control 
requirements to enable the Commonwealth to attain and maintain the 
ozone NAAQS. Specifically, this SIP revision includes requirements 
adopted in the Federal Solvent Cleaning NESHAP for cleaning operations 
utilizing nonhazardous air pollutant VOC solvents, as well as hazardous 
air pollutant (HAP) VOC solvents. This will discourage operators from 
converting to non-HAP VOC solvents to avoid the more stringent NESHAP 
requirements, which could adversely affect air quality.

[[Page 34649]]

A. Summary of Revised Solvent Cleaning Regulations

Chapter 129. Standards For Sources--Revisions to Section 129.63, VOC 
Cleaning Operations
    Except for machines subject to the Federal Solvent Cleaning NESHAP 
promulgated under 40 CFR part 63, subpart T, the changes to section 
129.63(a)-(c) and the addition of section 129.63(d) apply to cold 
cleaning machines, batch vapor cleaning machines, in-line vapor 
cleaning machines, airless cleaning machines, and airtight cleaning 
machines that use solvents containing greater than 5 percent VOC 
content by weight to clean metal parts. These revisions update 
equipment requirements for these solvent cleaning machines to make the 
equipment requirements consistent with current technology. These 
equipment specifications are consistent with the requirements of the 
Federal Solvent Cleaning NESHAP. Section 129.63(e) specifies volatility 
limits for solvents in certain cleaning machines.
Section 129.63(a) Cold Cleaning Machines
    This section specifically applies to cold cleaning machines except 
for those subject to the Federal Solvent Cleaning NESHAP. This section 
applies to cold cleaning machines that use 2 gallons or more of 
solvents containing greater than 5 percent VOC content by weight for 
the cleaning of metal parts. The section outlines the operating 
practices and procedures that are to be followed when operating a cold 
cleaning machine.
Section 129.63(b) Batch Vapor Cleaning Machines
    This section specifically applies to batch vapor cleaning machines, 
except for those subject to the Federal Solvent Cleaning NESHAP. This 
section applies to batch vapor cleaning machines that use solvent 
containing greater that 5 percent VOC by weight for the cleaning of 
metal parts. This section outlines equipment requirements and 
additional options required for batch vapor cleaning machines with a 
solvent/air interface area of 13 square feet or less, and for batch 
vapor cleaning machines with a solvent/air interface area of greater 
than 13 square feet. The operating procedures for batch vapor cleaning 
machines are also outlined in this section.
Section 129.63(c) In-line Vapor Cleaning Machines
    This section specifically applies to in-line vapor cleaning 
machines except for those subject to the Federal Solvent Cleaning 
NESHAP. This section applies to in-line vapor cleaning machines that 
use solvent containing greater than 5 percent VOC by weight for the 
cleaning of metal parts. This section outlines the equipment 
requirements, the additional devices or strategies required in 
operation, and good operating procedures for in-line vapor cleaning 
machines.
Section 129.63(d) Airless Cleaning Machines and Airtight Cleaning 
Machines
    This section specifically applies to airless cleaning machines and 
airtight cleaning machines except for those subject to the Federal 
Solvent Cleaning NESHAP. This section applies to airless cleaning 
machines and airtight cleaning machines that use solvent containing 
greater than 5 percent VOC by weight for the cleaning of metal parts. 
This section outlines the operating and equipment requirements for 
airless cleaning machines and airtight cleaning machines as well as the 
allowable emission limits from each machine. The operator of each 
machine shall demonstrate that the emissions from each machine, on a 3-
month rolling average, are equal to or less than the allowable limit 
determined by the use of the following equation:

EL = 330 (vol) 0.6

Where:

EL = the 3-month rolling average monthly emission limit (kilograms/
month)
vol = the cleaning capacity of machine (cubic meters)
Section 129.63(e) Alternative Provisions for Solvent Cleaning Machines
    This section describes the alternative provisions for solvent 
cleaning machines used to process metal parts that use solvents 
containing greater than 5 percent VOC by weight. As an alternative to 
complying with sections (b)-(d), the operator of a solvent cleaning 
machine may demonstrate compliance with paragraph (1) or (2) of section 
129.63(e). The operator shall maintain records sufficient to 
demonstrate compliance. These records shall include, at a minium, the 
quantity of solvent added to and removed from the machine and the dates 
of the addition and removal. These records shall be maintained for at 
least 2 years.
    Section 129.63(e)(1) outlines the requirements for solvent cleaning 
machines if the solvent cleaning machine has a solvent/air interface. 
In this instance, the owner or operator is required to maintain a log 
of solvent additions and deletions for each solvent cleaning machine, 
and to ensure that the emissions from each solvent cleaning machine are 
equal to or less than the applicable emission limit presented in Table 
1.

 Table 1.--Emission Limits for Solvent Cleaning Machines With a Solvent/
                              Air Interface
------------------------------------------------------------------------
                                                         3-month rolling
                                                         average monthly
                                                         emission limit
               Solvent cleaning machine                -----------------
                                                          kg/
                                                         \M2\/    lb/ft
                                                         month    \2\/
------------------------------------------------------------------month-
Batch vapor solvent cleaning machines.................     150      30.7
Existing in-line solvent cleaning machines............     153      31.3
In-line solvent cleaning machines installed after the       99      20.2
 effective date of the regulation.....................
------------------------------------------------------------------------

    Section 129.63(e)(2) specifies the volatility limits if the solvent 
cleaning machine is a batch vapor cleaning machine and it does not have 
a solvent/air interface. In that case, the owner or operator is 
required to maintain a log of solvent additions and deletions for each 
machine and to ensure that the emissions from each machine are equal to 
or less than the appropriate limits as described in paragraphs (3) and 
(4) of this section.
    Section 129.63(e)(3) specifies the volatility limits for solvent 
cleaning machines without a solvent/air interface with a cleaning 
capacity that is less than or equal to 2.95 cubic meters. The emission 
limit for these machines is to be determined using Table 2 or the 
equation in paragraph (4) of section 129.63(e). If the table is used, 
and the cleaning capacity of a cleaning machine falls between two 
cleaning capacity sizes, the lower of the two emission limits applies.

[[Page 34650]]



             Table 2.--Emission Limits for Solvent Cleaning Machines Without a Solvent/Air Interface
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                                                   3-month                   3-month                   3-month
                                                   rolling                   rolling                   rolling
                                                   average      Cleaning     average      Cleaning     average
                                                   monthly      capacity     monthly      capacity     monthly
       Cleaning capacity  (cubic meters)           emission      (cubic      emission      (cubic      emission
                                                    limit       meters)       limit       meters)       limit
                                                 (kilograms/               (kilograms/               (kilograms/
                                                    month)                    month)                    month)
----------------------------------------------------------------------------------------------------------------
0.00...........................................            0         1.00          330         2.00          500
0.05...........................................           55         1.05          340         2.05          508
0.10...........................................           83         1.10          349         2.10          515
0.15...........................................          106         1.15          359         2.15          522
0.20...........................................          126         1.20          368         2.20          530
0.25...........................................          144         1.25          377         2.25          537
0.30...........................................          160         1.30          386         2.30          544
0.35...........................................          176         1.35          395         2.35          551
0.40...........................................          190         1.40          404         2.40          558
0.45...........................................          204         1.45          412         2.45          565
0.50...........................................          218         1.50          421         2.50          572
0.55...........................................          231         1.55          429         2.55          579
0.60...........................................          243         1.60          438         2.60          585
0.65...........................................          255         1.65          446         2.65          592
0.70...........................................          266         1.70          454         2.70          599
0.75...........................................          278         1.75          462         2.75          605
0.80...........................................          289         1.80          470         2.80          612
0.85...........................................          299         1.85          477         2.85          619
0.90...........................................          310         1.90          485         2.90          625
0.95...........................................          320         1.95          493         2.95          632
----------------------------------------------------------------------------------------------------------------

    Section 129.63(e)(4) specifies volatility limits for solvent 
cleaning machines without a solvent/air interface with a cleaning 
capacity that is greater than 295 cubic meters. The emission limit for 
these machines is to be determined using the following quotation:

EL = 330 (vol) \0.6\

Where:
EL = the 3-month rolling average monthly emission limit (kilograms/
month)
vol = the cleaning capacity of machine (cubic meters)

    This regulation also requires the owner or operator of a batch 
vapor or in-line solvent cleaning machine complying with this 
subsection to demonstrate compliance with the applicable 3-month 
rolling average monthly emission limit on a monthly basis. If the 
applicable 3-month rolling average emission limit is not met, an 
exceedance will have occurred. Exceedances shall be reported to the 
Department within 30 days of the determination of the exceedance.

B. Definitions

Chapter 121.1 General Provisions-Additions, Revisions to Section 121.1, 
Definitions
    This SIP revision adds definitions and revises certain existing 
definitions to Chapter 121, General Provisions, section 121.1, 
Definitions for terms used in the substantive provisions of Chapter 
129, Pennsylvania's regulations which contain VOC emission standards. 
Additional definitions are provided for the following: Airless cleaning 
system, Airtight cleaning system, Batch vapor cleaning machine, Carbon 
absorber, Cold cleaning machine, Dwell, Dwell time, Extreme cleaning 
service, Freeboard refrigeration device, Idling mode, Immersion cold 
cleaning machine, In-line vapor cleaning machine, Reduced room draft, 
Remote reservoir cold cleaning machine, Solvent/air interface, Solvent 
cleaning machine, Solvent cleaning machine automated parts handling 
system, Solvent cleaning machine down time, Solvent vapor zone, 
Superheated vapor system, Vapor cleaning machine, Vapor cleaning 
machine primary condenser, Vapor pressure, Vapor up control switch, and 
Working mode cover.
    These amendments also include a revision to the definition of 
``freeboard ratio'' to make it consistent with the definition in the 
Federal Solvent Cleaning NESHAP.

III. EPA's Evaluation of Pennsylvania's Submittal

    The February 13, 2002 SIP revision submitted by the Commonwealth 
revises the existing solvent cleaning requirements as recommended by 
the OTC in their model rule for solvent cleaning operations to help 
attain and maintain the one-hour ozone standard. The new VOC 
regulations submitted by the Commonwealth of Pennsylvania as a SIP 
revision on February 13, 2002, related to solvent cleaning operations, 
and the addition of definitions used in the substantive sections of 
Chapter 129 strengthen Pennsylvania's SIP by providing enforceable 
emission control measures that will reduce VOC emissions from solvent 
cleaning operations throughout the Commonwealth.
    These regulations implement one of the VOC control strategies 
recommended by the OTC to address the emission reduction shortfall in 
Pennsylvania's attainment demonstration. The emission reductions that 
will result from this rulemaking are a significant part of the 
Commonwealth's efforts to continue toward attainment and maintenance of 
the one-hour NAAQS for ozone throughout the Commonwealth.

IV. Proposed Action

    EPA is proposing to approve the Commonwealth of Pennsylvania SIP 
revision for solvent cleaning operations, which was submitted on 
February 13, 2002. EPA is also proposing to approve the additions and 
revisions of definitions used in the solvent cleaning regulations. EPA 
is soliciting public comments on the issues discussed in this document 
or on other relevant matters. These comments will be considered before 
taking final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to the EPA Regional 
office listed in the

[[Page 34651]]

ADDRESSES section of this document. A more detailed description of the 
state submittal and EPA's evaluation are included in a Technical 
Support Document (TSD) prepared in support of this rulemaking action. A 
copy of the TSD is available, upon request, from the EPA Regional 
Office listed in the ADDRESSES section of this document

V. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4). This proposed rule also does not have a 
substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Clean Air Act. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed rule, EPA has taken the 
necessary steps to eliminate drafting errors and ambiguity, minimize 
potential litigation, and provide a clear legal standard for affected 
conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 
15, 1988) by examining the takings implications of the rule in 
accordance with the ``Attorney General's Supplemental Guidelines for 
the Evaluation of Risk and Avoidance of Unanticipated Takings' issued 
under the executive order. This proposed rule to revise Pennsylvania's 
VOC control requirements for solvent cleaning operations does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting 
and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 8, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.
[FR Doc. 02-12144 Filed 5-14-02; 8:45 am]
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