[Federal Register Volume 73, Number 63 (Tuesday, April 1, 2008)]
[Rules and Regulations]
[Pages 17252-17257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6544]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0155; FRL-8547-4]
RIN 2060-AO52


National Perchloroethylene Air Emission Standards for Dry 
Cleaning Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on amendments to the 
national perchloroethylene air emission standards for dry cleaning 
facilities promulgated on July 27, 2006, under the authority of section 
112 of the Clean Air Act. This action amends rule language to correct 
applicability cross references that were not correctly amended between 
the most recent proposed and final rule revisions, and to clarify that 
condenser performance monitoring may be done by either of two 
prescribed methods (pressure or temperature), regardless of whether an 
installed pressure gauge is present. Without these amendments, new area 
sources could erroneously be required to perform monitoring that was 
proposed for only major sources, and installed condenser performance 
gauge readings could be required of sources when a prescribed 
temperature method is just as valid for compliance purposes.

DATES: This rule is effective on July 15, 2008 without further notice, 
unless EPA receives adverse comment by May 16, 2008. If EPA receives 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that some or all of the amendments in 
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0155 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected] and [email protected].
    3. Facsimile: (202) 566-9744 and (919) 541-3470.
    4. Mail: U.S. Postal Service, send comments to: Air and Radiation 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of 
two copies.
    5. Hand Delivery: Deliver in person, or by courier deliveries to: 
EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 
Constitution Ave., NW., Washington, DC 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0155. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Unit III of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the National Emission 
Standards for Hazardous Air Pollutants for Four Area Source Categories 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. Warren Johnson, Sector Policies 
and Programs Division, Office of Air Quality Planning and Standards 
(E143-03), Environmental Protection Agency, Research Triangle Park, NC 
27711, telephone number (919) 541-5124, electronic mail address 
[email protected].

SUPPLEMENTARY INFORMATION: The information presented in this preamble 
is organized as follows:

I. Why is EPA using a direct final rule?
II. Does this action apply to me?
III. What should I consider as I prepare my comments to EPA?
IV. Where can I get a copy of this document?
V. Why are we amending the rule?
VI. What amendments are we making to the rule?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Why is EPA using a direct final rule?

    EPA is publishing the rule without a prior proposed rule because we 
view this as a noncontroversial action and anticipate no adverse 
comment. As explained below, this action amends rule language to 
clarify that colorimetric monitoring requirements were not intended for 
new dry cleaning machines

[[Page 17253]]

installed at area sources after December 21, 2005, and to clarify that 
condenser performance monitoring may be done by either of the 
prescribed methods (pressure or temperature), regardless of whether or 
not an installed pressure gauge is present.
    Without these amendments, the rule can be interpreted as requiring:
    (1) New dry cleaning machines installed at area sources after 
December 21, 2005, to perform colorimetric monitoring; and,
    (2) Sources with installed condenser performance gauges to take 
readings, when a prescribed temperature method is just as valid for 
compliance purposes.
    Either of these interpretations is problematic since neither was 
reflected in the proposed rule (70 FR 75884), nor did our notice of 
final rulemaking explain why or how the regulatory text changed from 
proposal to final promulgation to include such requirements.
    However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to amend the National Perchloroethylene Air Emission 
Standards for Dry Cleaning Facilities (40 CFR part 63, subpart M) if 
adverse comments are received on this direct final rule. If we receive 
adverse comment, we will publish a timely withdrawal in the Federal 
Register informing the public that some or all of the amendments in 
this rule will not take effect, and we will address all public comments 
received on the proposed rule in a subsequent final rule. We will not 
institute a second comment period on the proposed rule. Any parties 
interested in commenting on the proposed rule must do so at this time. 
For further information about commenting on the rule, see the ADDRESSES 
section of this document.

II. Does this action apply to me?

    The categories and entities potentially regulated by this direct 
final rule are industrial and commercial perchloroethylene (PCE) dry 
cleaners. The direct final rule affects the following categories of 
sources:

----------------------------------------------------------------------------------------------------------------
                   Category                    NAICS \1\ code     Examples of potentially  regulated entities
----------------------------------------------------------------------------------------------------------------
Coin-operated Laundries and Dry Cleaners.....          812310  Dry-to-dry machines.
                                                               Transfer machines.
Dry Cleaning and Laundry Services (except              812320  Dry-to-dry machines.
 coin-operated).                                               Transfer machines.
Industrial Launderers........................          812332  Dry-to-dry machines.
                                                               Transfer machines.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

III. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI to EPA through 
www.regulations.gov or e-mail. Send or deliver information identified 
as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, Attention: Docket ID No. EPA-HQ-OAR-2005-0155. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

IV. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through the Technology Transfer Network (TTN). Following signature, a 
copy of this final action will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at the following 
address: http://www.epa.gov/ttn/oarpg/. The TTN provides information 
and technology exchange in various areas of air pollution control.

V. Why are we amending the rule?

    On September 22, 1993, EPA promulgated National Perchloroethylene 
Air Emission Standards for Dry Cleaning Facilities (58 FR 49376). These 
standards are codified at 40 CFR part 63, subpart M. On December 21, 
2005, EPA proposed revisions to the National Perchloroethylene Air 
Emission Standards for Dry Cleaning Facilities (70 FR 75884) which 
included proposed provisions in 40 CFR 63.322(o)(2) that would have 
required owners or operators of a dry cleaning system at any major 
source to route the air-perchloroethylene gas-vapor stream contained 
within each dry cleaning machine through a refrigerated condenser and a 
carbon adsorber or equivalent control device immediately before or as 
the door of the dry cleaning machine is opened. Proposed Sec.  
63.322(o)(3) would have required owners and operators of dry cleaning 
systems installed after December 21, 2005, at area sources to meet 
similar requirements. In proposed Sec.  63.323(b) and (c), the 
requirement to use a colorimetric detector tube or perchloroethylene 
gas analyzer would have applied to carbon adsorbers used to comply with 
proposed Sec.  63.323(o)(2) (i.e., at major sources), but not to those 
used to comply with proposed Sec.  63.322(o)(3) (i.e., at dry cleaning 
systems installed at area sources after December 21, 2005). In 
addition, proposed Sec.  63.324(d)(6) would have imposed reporting and 
recordkeeping requirements for monitoring results where carbon 
adsorbers are used to meet proposed Sec.  63.322(o)(2), but not to meet 
proposed Sec.  63.322(o)(3).
    In addition, proposed Sec.  63.322(o)(4) would have prohibited any 
emissions of perchloroethylene during the transfer of articles between 
the washer and the dryer(s) or reclaimer(s) of any dry cleaning system, 
including at systems that are eligible for the limited exemptions from 
other requirements under proposed revised Sec.  63.320(d) and (e).
    On July 27, 2006, EPA promulgated final revisions to the National 
Perchloroethylene Air Emission Standards for Dry Cleaning Facilities 
(71 FR 42724) and, in response to comments, removed the proposed 
provisions in Sec.  63.322(o)(2) for owners or operators of a dry 
cleaning system at any major source. The provisions in proposed Sec.  
63.322(o)(3) for area source

[[Page 17254]]

systems installed after December 21, 2005, were then moved into Sec.  
63.322(o)(2) as we renumbered the section paragraphs. However, we 
failed to properly amend the cross references in Sec. Sec.  63.323(b) 
and (c) and 63.324(d)(6) to Sec.  63.322(o)(2), and thus inadvertently 
caused the colorimetric monitoring provisions and the recordkeeping and 
reporting provisions proposed for major sources to appear to apply to 
new systems installed after December 21, 2005, at area sources. 
Moreover, the proposed prohibition on perchloroethylene emissions 
during transfer moved from proposed Sec.  63.322(o)(4) to final Sec.  
63.322(o)(3), and this renumbering of the paragraphs in Sec.  63.322(o) 
was not tracked in the cross references in the final rule's 
applicability and exemption Sec.  63.320(d) and (e). Hence, this direct 
final action makes appropriate amendments to the cross references in 
applicability Sec.  63.320(d) and (e), and removes the cross references 
in Sec. Sec.  63.323(b) and (c) and 63.324(d)(6) to Sec.  63.322(o)(2).
    Without cross reference corrections to the final rule, the rule 
cannot be implemented properly. For example, as a result of improper 
applicability cross referencing, colorimetric monitoring requirements 
would appear to be required of dry cleaning systems installed at area 
sources after December 21, 2005. This was not our intent and was not 
contained in the proposed rule. Neither is it supported by our impacts 
analysis or by public comments received on the proposal, nor is it 
explained or justified in the preamble or response to comments document 
supporting the final rule. Moreover, without these corrections, sources 
eligible for the limited exemptions under Sec.  63.320(d) and (e) would 
appear to be also exempt from the universal prohibition proposed and 
promulgated regarding perchloroethylene emissions during transfers, 
even though this inadvertent change from the proposal was also not 
supported by any explanation in our final rulemaking.
    In addition, while we did not propose changes to the test methods 
and monitoring requirements of Sec.  63.323(a) in the December 21, 
2005, proposal, we nonetheless amended this section in response to 
comments. In doing so, we stated in the preamble to the final rule that 
installed pressure gauge monitoring was a preferred method for 
monitoring condenser performance, and amended Sec.  63.323(a) to 
include these monitoring provisions. As written, however, Sec.  
63.323(a) now states that only systems that are not equipped with 
refrigeration system pressure gauges may exercise the option of 
monitoring temperature, which has created a problem for operators whose 
installed pressure gauges are not operating properly. While we still 
believe that installed pressure gauges are a preferred monitoring 
method for most cases, we also recognize that either method is 
acceptable to demonstrate condenser compliance, regardless of whether 
or not a particular system is equipped with refrigeration system 
pressure gauges. This direct final action makes appropriate amendments 
to Sec. Sec.  63.323(a) and 63.324(d) in order to allow owners or 
operators to monitor either pressure or temperature to demonstrate 
refrigerated condenser compliance, regardless of whether or not their 
system is equipped with refrigeration system pressure gauges.
    Without amendments to the refrigerated condenser monitoring 
provisions, the final rule implies that systems equipped with 
refrigeration system pressure gauges would not have the option to 
monitor temperature. This was not our intent.
    Finally, in Sec.  63.322(o)(5)(i) of the final rule we promulgated 
a December 21, 2020, phase-out date for all PCE emissions from dry 
cleaning systems located in a building with a residence. This phase-out 
was intended to apply universally, without being subject to the limited 
exemptions provided by Sec.  63.320(d), which grants limited relief for 
existing dry-to-dry machines and ancillary equipment at facilities with 
total annual PCE use of less than 530 liters (140 gallons). However, in 
promulgating amendments to Sec.  63.320(d) in the final rule, we 
inadvertently cross-referenced the promulgated immediate prohibition of 
PCE emissions from new dry cleaning systems installed after December 
21, 2005, in buildings with a residence, even though such new systems 
are not addressed by Sec.  63.320(d). We are correcting this cross-
referencing error, as necessary to avoid appearing to subject existing 
Sec.  63.320(d)-eligible sources located in buildings with a residence 
to an immediate prohibition of PCE emissions, and to apply the same 
December 21, 2020 phase-out date that applies to all other existing co-
residential sources.

VI. What amendments are we making to the rule?

    As currently written, 40 CFR 63.323(b) and (c) require owners or 
operators of dry cleaning machines using carbon adsorbers to comply 
with Sec. Sec.  63.322(a)(2), 63.322(b)(3) and 63.322(o)(2) to conduct 
colorimetric monitoring. Prior to the July 27, 2006, revisions, these 
requirements only applied, under Sec.  63.322(b)(3), to new dry 
cleaning machines at a major sources installed after December 9, 1991, 
equipped with a closed-loop system with a refrigerated condenser and a 
carbon adsorber, and, under Sec.  63.322(a)(2), to existing dry 
cleaning machines with a carbon adsorber installed as an alternative to 
a refrigerated condenser prior to September 22, 1993. Following the 
July 27, 2006 revisions, though, due to our inadvertent errors in 
tracking cross-references as changes in the rule were made from the 
proposed rule to the final rule revisions, it could be interpreted that 
these requirements now apply to all new dry cleaning systems installed 
after December 21, 2005, at area sources, which was neither proposed 
nor the EPA's intent. To remedy this, we are removing the references in 
Sec.  63.323(b) and (c) to Sec.  63.322(o)(2).
    In addition, due to the July 27, 2006, revisions to 40 CFR 
63.323(a), one could interpret that using the monitoring method in 40 
CFR 63.323(a)(2)(ii) is only an option when the dry cleaning machine is 
not equipped with refrigeration system pressure gauges. Our intent was 
to allow either the method in 40 CFR 63.323(a)(1)(i), which uses 
pressure gauge readings, or in 40 CFR 63.323(a)(1)(ii), which uses 
temperature sensors, at the owner/operator's discretion. We recognized 
that the method in 40 CFR 63.323(a)(1)(i), which uses pressure gauge 
readings, requires that a machine be equipped with refrigeration system 
pressure gauges, but we did not intend that the presence or absence of 
such gauges would dictate which of these two methods could be used for 
compliance. To remedy this, we are amending 40 CFR 63.323(a) by 
removing the phrase ``If the machine is not equipped with refrigeration 
system pressure gauges'' as a condition for using the temperature 
method in 40 CFR 63.323(a)(1)(ii). We are also amending the 
recordkeeping requirements in 40 CFR 63.324(d), to reflect this 40 CFR 
63.323(a) amendment, by replacing the phrase ``temperature sensor 
monitoring results'' with ``monitoring results (temperature sensor or 
pressure gauge).''
    Finally, in order to remedy applicability section tracking 
inconsistency with the renumbering of paragraphs in Sec.  63.322 
between the most recent proposed and final revisions, we are amending 
the cross-references in the applicability Sec.  63.320(d) and (e) to 
appropriately refer to Sec.  63.322(o)(3) where they currently refer to 
Sec.  63.322(o)(4).

[[Page 17255]]

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to the review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The rule requires enhanced LDAR program that requires a handheld 
portable monitor. Major source facilities will purchase a PCE gas 
analyzer and area sources will purchase a halogenated hydrocarbon leak 
detector. Owners and operators will incur the capital/startup cost of 
purchasing the monitors, plus ongoing annual operation and maintenance 
costs. No new information collection is required as part of these 
amendments; owners and operators will continue to keep records and 
submit required reports to EPA or the delegated State regulatory 
authority required in the final rule. However, the Office of Management 
and Budget (OMB) has previously approved the information collection 
requirements contained in the existing regulations (40 CFR 63 subpart 
M) under the provisions of the Paperwork Reduction Act 44 U.S.C. 3501 
et seq. and has assigned OMB control number 2060-0234. The OMB control 
number for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the Agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the direct final rule on 
small entities, a small entity is defined as:
    (1) A small business as defined by the Small Business 
Administration's (SBA) regulations at 13 CFR 121.201;
    (2) a small governmental jurisdiction that is a government of a 
city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This direct 
final rule will not impose any new requirements on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with federal mandates that may 
result in expenditures to State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any one 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least-costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows the EPA to adopt an alternative other than the 
least-costly, most cost effective, or least-burdensome alternative if 
the Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that this direct final rule does not contain a 
federal mandate that may result in expenditures of $100 million or more 
for state, local, and tribal governments, in the aggregate, or the 
private sector in any one year. Therefore, the direct final rule is not 
subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, EPA has determined that this direct final rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments because the burden is small and the regulation does 
not apply to small governments. Therefore, this direct final rule is 
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order (EO) 13132 (64 FR 43255, August 10, 1999) requires 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by state and local officials in the development of regulatory 
policies that have Federalism implications.'' ``Policies that have 
Federalism implications'' is defined in the EO to include regulations 
that 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.''
    This direct final rule does not have federalism implications. It 
will 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 EO 13132. Thus, EO 13132 does not apply to 
this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order (EO) 13175 (65 FR 67249, November 9, 2000) requires 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The direct final rule does not have 
tribal implications, as specified in EO 13175. This rule will not have 
substantial direct effects on tribal governments, 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 in EO 13175. Thus, EO 13175 
does not apply to this direct final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the Order has 
the potential to influence the regulation. This action is not subject

[[Page 17256]]

to EO 13045 because it is based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order (EO) 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under EO 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note), 
directs the EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this direct final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low income populations because it does not 
affect the level of protection provided to human health or the 
environment. Moreover, the technical and editorial corrections in this 
direct final rule do not change the level of control required by the 
National Perchloroethylene Air Emission Standards for Dry Cleaning 
Facilities.

K. Congressional Review Act

    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 direct final 
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 this direct final rule in the Federal Register. 
A Major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). This rule will be effective July 15, 2008.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 20, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter I, part 63, 
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart M--[Amended]

0
2. Section 63.320 is amended by revising paragraphs (d) and (e) to read 
as follows:


Sec.  63.320  Applicability.

* * * * *
    (d) Each existing dry-to-dry machine and its ancillary equipment 
located in a dry cleaning facility that includes only dry-to-dry 
machines, and each existing transfer machine system and its ancillary 
equipment, and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991, and September 22, 1993, 
as well as each existing dry-to-dry machine and its ancillary 
equipment, located in a dry cleaning facility that includes both 
transfer machine system(s) and dry-to-dry machine(s) is exempt from 
Sec. Sec.  63.322, 63.323, and 63.324, except Sec. Sec.  63.322(c), 
(d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and (o)(5)(i); 63.323(d); 
and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the 
total PCE consumption of the dry cleaning facility is less than 530 
liters (140 gallons) per year. Consumption is determined according to 
Sec.  63.323(d).
    (e) Each existing transfer machine system and its ancillary 
equipment, and each new transfer machine system and its ancillary 
equipment installed between December 9, 1991, and September 22, 1993, 
located in a dry cleaning facility that includes only transfer machine 
system(s), is exempt from Sec. Sec.  63.322, 63.323, and 63.324, except 
Sec. Sec.  63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), and (o)(3); 
63.323(d); and 63.324 (a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) 
if the PCE consumption of the dry cleaning facility is less than 760 
liters (200 gallons) per year. Consumption is determined according to 
Sec.  63.323(d).
* * * * *

0
3. Section 63.323 is amended as follows:
0
a. By revising paragraphs (a)(1) introductory text and (a)(1)(ii).
0
b. By revising paragraph (b) introductory text.
0
c. By revising paragraph (c) introductory text.


Sec.  63.323  Test methods and monitoring.

    (a) * * *
    (1) The owner or operator shall monitor on a weekly basis the 
parameters in either paragraph (a)(1)(i) or (ii) of this section.
* * * * *
    (ii) The temperature of the air-perchloroethylene gas-vapor stream 
on the outlet side of the refrigerated condenser on a dry-to-dry 
machine, dryer, or reclaimer with a temperature sensor to determine if 
it is equal to or less than 7.2 [deg]C (45 [deg]F) before the end of 
the cool-down or drying cycle while the gas-vapor stream is flowing 
through the condenser. The temperature sensor shall be used according 
to the manufacturer's instructions and shall be designed to measure a 
temperature of 7.2 [deg]C (45 [deg]F) to an accuracy of 1.1 
[deg]C (2 [deg]F).
* * * * *
    (b) When a carbon adsorber is used to comply with Sec.  
63.322(a)(2) or exhaust is passed through a carbon adsorber immediately 
upon machine door opening to comply with Sec.  63.322(b)(3), the owner 
or operator shall measure the concentration of PCE in the exhaust of

[[Page 17257]]

the carbon adsorber weekly with a colorimetric detector tube or PCE gas 
analyzer. The measurement shall be taken while the dry cleaning machine 
is venting to that carbon adsorber at the end of the last dry cleaning 
cycle prior to desorption of that carbon adsorber or removal of the 
activated carbon to determine that the PCE concentration in the exhaust 
is equal to or less than 100 parts per million by volume. The owner or 
operator shall:
* * * * *
    (c) If the air-PCE gas vapor stream is passed through a carbon 
adsorber prior to machine door opening to comply with Sec.  
63.322(b)(3), the owner or operator of an affected facility shall 
measure the concentration of PCE in the dry cleaning machine drum at 
the end of the dry cleaning cycle weekly with a colorimetric detector 
tube or PCE gas analyzer to determine that the PCE concentration is 
equal to or less than 300 parts per million by volume. The owner or 
operator shall:
* * * * *

0
4. Section 63.324 is amended by revising paragraphs (d)(5), and (d)(6) 
to read as follows:


Sec.  63.324  Reporting and recordkeeping requirements.

* * * * *
    (d) * * *
    (5) The date and monitoring results (temperature sensor or pressure 
gauge), as specified in Sec.  63.323 if a refrigerated condenser is 
used to comply with Sec.  63.322(a), (b), or (o); and
    (6) The date and monitoring results, as specified in Sec.  63.323, 
if a carbon adsorber is used to comply with Sec.  63.322(a)(2), or 
(b)(3).
* * * * *

 [FR Doc. E8-6544 Filed 3-31-08; 8:45 am]
BILLING CODE 6560-50-P