[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Rules and Regulations]
[Pages 2206-2208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA185-4197; FRL-7437-5]


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).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. This revision 
establishes 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.

EFFECTIVE DATE: This final rule is effective on February 18, 2003.

ADDRESSES: 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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue, NW., Room B108, Washington, DC 20460; 
and the Pennsylvania Department of Environmental Protection, Bureau of 
Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 
17105.

FOR FURTHER INFORMATION CONTACT: Ellen Wentworth, (215) 814-2034 or by 
e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On May 15, 2002, (67 FR 34647), EPA published a notice of proposed 
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed 
approval of revised VOC control requirements for solvent cleaning 
operations, and the addition and amendment of definitions for terms 
used in the regulations for solvent cleaning operations. The formal SIP 
revision was submitted by the Commonwealth of Pennsylvania on February 
13, 2002. Other specific requirements of Pennsylvania's SIP revision 
for solvent cleaning operations and the rationale for EPA's proposed 
action are explained in the NPR and will not be restated here. On June 
13, 2002, EPA received adverse comments on the May 15, 2002, NPR. A 
summary of the comments submitted and EPA's responses are provided in 
section II of this document.

II. Public Comments and Responses

    Carpenter Technology Corporation (Carpenter) submitted adverse 
comments on the proposed rule to approve revised VOC control 
regulations for solvent cleaning operations in the Commonwealth of 
Pennsylvania published by EPA in the Federal Register on May 15, 2002 
(67 FR 34647). A summary of those comments and EPA's responses are 
provided below.
    Comment: Carpenter comments that the State failed to provide an 
opportunity for public comment on the cost/benefit analysis used to 
justify the rule.
    Response: EPA disagrees that the Commonwealth failed to meet the 
public participation requirements for this SIP revision. The Clean Air 
Act requires that a state provide for public comment and hearing on a 
proposed SIP revision. In this instance, the Commonwealth's proposed 
SIP revision consists of the addition of the Solvent Cleaning 
Operations rule. After publishing notices in nine newspapers across the 
entire state announcing their respective dates, times and venues, 
public hearings were held by the Pennsylvania Environmental Quality 
Board (EQB) on the proposed rulemaking for the Solvent Cleaning 
Operations rule at the Pennsylvania Department of Environmental 
Protection's (PADEP) Southwestern Regional Office in Pittsburgh on 
September 28, 1999, at its Southeastern Regional office in Conshohocken 
on October 1, 1999, and on October 5, 1999, at its South Central 
Regional Office in Harrisburg. The notices also provided information to 
the public for obtaining hard copies of the proposed rulemaking from 
PADEP and the electronic address on its website where the proposed 
rulemaking could also be reviewed for comment by the public. On August 
28, 1999, the EQB published the proposed rulemaking in the Pennsylvania 
Bulletin (29 Pa. B. 4661). In addition to the proposed rule itself, the 
August 28, 1999 proposed rulemaking (29 Pa. B. 4661) also includes the 
information as to the start and close of the public comment period; the 
dates, times and venues of the public hearings; and the means by which 
the public may provide comments on the proposed rulemaking both in 
writing and electronically to the EQB.
    Although not required by Federal law for meeting public 
participation requirements for SIP revisions, Executive Order 1996-1 of 
the

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Commonwealth of Pennsylvania requires that PADEP perform a Regulatory 
Analysis as part of its rule adoption process. The Regulatory Analysis 
is to be submitted to the General Counsel, Secretary of Budget and the 
Governor's Policy Director. That regulatory analysis is to include a 
cost/benefit analysis. Executive Order 1996-1 does not require PADEP to 
publish the Regulatory Analysis for comment by the public. However, the 
August 28, 1999 Pennsylvania Bulletin proposed rulemaking states that a 
cost/benefit analysis was done for the proposed making and states that 
the Regulatory Analysis form is available to the public upon request 
(29 Pa. B. 4662). Moreover, as part of its SIP revision submittal, 
PADEP included a document entitled, ``Solvent Cleaning Operations 
Comment and Response Document,'' dated May 1, 2001. That document 
includes Carpenter's comments on the cost/benefit analysis of the 
proposed rulemaking and provides PADEP's response.
    The final rulemaking published in the Pennsylvania Bulletin on 
December 22, 2001 (31 Pa. B. 6921), announcing the adoption of the 
final version of the Solvent Cleaning Operations rule includes the 
following finding by the Environmental Quality Board of the 
Commonwealth of Pennsylvania at J. Findings (2): ``A public comment 
period was provided as required by law and all comments were 
considered.'' (31 Pa. B. 6926, December 22, 2001).
    Comment: Carpenter comments that no data analysis was presented to 
support the projected VOC emission reductions in the final rule.
    Response: EPA is not approving a quantified amount of emission 
reductions from Pennsylvania's solvent cleaning rule. Nor does 
Pennsylvania's SIP revision submittal include a request that any amount 
of emission reductions be approved by EPA. Emission reductions achieved 
by this rule and any other rules credited by PADEP in SIP revisions 
submitted to satisfy any rate of progress plan or attainment 
demonstration plan requirements would be the subject of separate 
rulemakings on those plans.
    Comment: Carpenter comments that the freeboard requirements for 
closed-top immersion cold cleaning machines will actually increase 
emissions, and has provided specific information as to the emission 
increases that would occur at its Reading, Pennsylvania facility. In 
its comment letter, Carpenter also provides information regarding 
modifications to its Reading facility which have reduced VOC emissions 
from 14 tons per year (tpy) to 2.5 tpy.
    Response: EPA disagrees that a freeboard requirement for closed-top 
immersion cold cleaning machines will increase emissions. For purposes 
of clarification, in Pennsylvania's regulation, an immersion cold 
cleaning machine refers to a cold cleaning machine with an opening at 
the top (as opposed to the side or bottom) of the machine through which 
the parts to be immersed must pass in order to reach the solvent. An 
immersion cold cleaning machine may or may not be equipped with a cover 
or lid that would have to be raised or removed in order to pass the 
parts that are to be immersed through the top opening. Pennsylvania's 
regulation requires that all immersion cold cleaning machines, as 
defined above, that use two gallons or more of solvents containing 
greater than 5 percent VOC content by weight for the cleaning of metal 
parts, be equipped with a cover that shall be closed at all times 
except during the cleaning of parts or the addition or removal of 
solvent. The Pennsylvania rulemaking allows operators of affected cold 
cleaning machines the option of using low volatility solvents (1 mm Hg) 
in a machine with a freeboard ratio of 0.5 or greater. A freeboard 
ratio of 0.75 or greater is required only if the solvent volatility is 
greater than 1 mm Hg. Carpenter is correct in pointing out that an 
increase in freeboard ratio results in more space (volume) in which the 
solvent may evaporate.
    However, because the solvent vapors are denser than the air in the 
cold cleaning machine, the solvent vapor concentration is greatest near 
the liquid solvent than near the opening of the cold cleaning machine. 
A higher freeboard ratio means that the more concentrated solvent vapor 
interface area will be less disturbed by air draft or air currents when 
the cleaner is opened or when it remains open during cleaning. When 
opening the cover on a cold cleaning machine, Carpenter states that 
solvent vapor will escape from the machine. This is true, but in 
machines with a higher freeboard ratio, the less concentrated solvent 
vapors nearest the opening are more likely to be affected by the 
opening and closing of the cover, than are the more concentrated 
solvent vapors near the liquid solvent.
    In its emissions analysis, Carpenter is assuming that solvent 
evaporation is reaching equilibrium within the volume of the cold 
cleaning machine, and that this entire volume of solvent will be 
emitted when opening the cover on the cold cleaning machine. In actual 
practice, in properly operated cold cleaning machines, not all of the 
volume of solvent that has evaporated into the freeboard area will be 
emitted. An increased freeboard ratio also reduces working emission 
losses to the extent that it provides additional dwell space in order 
for the liquid solvent to drain back into the cold cleaning machine 
when parts are removed after having been cleaned. Therefore, EPA 
expects that PADEP's freeboard requirements for open-top immersion cold 
cleaning machines will reduce VOC emissions in the Commonwealth.
    However, given the specific circumstances of Carpenter's Reading 
facility as described in its June 10, 2002 letter of comment to EPA, 
including the information regarding the switch to aqueous-based 
cleaning solutions, the replacement of equipment, and the costs 
associated with these changes which resulted in a reduction in VOC 
emissions from 14 tons per year (TPY) to 2.5 TPY (an 82 percent 
reduction), Carpenter may wish to apply to PADEP for a source-specific 
variance to the revised regulations. If Carpenter can provide 
documentation to PADEP of the information provided in its June 10, 2002 
letter to EPA, and demonstrate to the Commonwealth's satisfaction that 
compliance with the revised regulations would indeed increase VOC 
emissions at its Reading facility, PADEP could issue a source-specific 
alternative to Carpenter and submit it to EPA for approval as a SIP 
revision.

III. Final Action

    EPA is approving the revisions to the Pennsylvania SIP submitted by 
PADEP regarding VOC control requirements for solvent cleaning 
operations applicable throughout the Commonwealth.

IV. Regulatory Assessment Requirements

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves pre-existing requirements

[[Page 2208]]

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 rule also does not have tribal implications because it will 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). This action also does not have federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves 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 rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 17, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action, approving revisions to Pennsylvania's 
control of VOCs from solvent cleaning operations, may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: December 31, 2002.
Thomas C. Voltaggio,
Acting Regional Administrator, Region III.


    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart NN--Pennsylvania

    2. Section 52.2020 is amended by adding paragraph (c)(195) to read 
as follows:


Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *
    (195) Revisions to the Pennsylvania Regulations regarding VOC 
control requirements for solvent cleaning operations, submitted on 
February 13, 2002, by the Pennsylvania Department of Environmental 
Protection:
    (i) Incorporation by reference.
    (A) Letter of February 13, 2002, from the Pennsylvania Department 
of Environmental Protection transmitting the revisions to VOC control 
requirements for solvent cleaning operations.
    (B) Revisions to 25 PA Code, chapter 121 and chapter 129, effective 
December 22, 2001.
    (1) Additions and Revisions of definitions for terms in chapter 
121, General Provisions, section 121.1, Definitions.
    (i) Addition of the following terms: Airless cleaning system, 
Airtight cleaning system, Batch vapor cleaning machine, Carbon 
adsorber, 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 
sytem, 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, 
Working mode cover.
    (ii) Revision of the term ``freeboard ratio.''
    (2) Revisions to chapter 129, Standards for Sources, Sources of 
VOCs, section 129.63, VOC Cleaning Operations replacing the current 
section 129.63.
    (ii) Additional Material. Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(195)(i) of this 
section.

[FR Doc. 03-851 Filed 1-15-03; 8:45 am]
BILLING CODE 6560-50-P