[Federal Register Volume 73, Number 134 (Friday, July 11, 2008)]
[Rules and Regulations]
[Pages 39871-39875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15872]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2005-0155; FRL-8691-2]
RIN 2060-AO52
National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; withdrawal; revision.
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SUMMARY: EPA published a direct final rule and parallel proposal on
April 1, 2008, to amend revisions to the national perchloroethylene air
emission standards for dry cleaning facilities which EPA promulgated on
July 27, 2006. Because we received adverse comment during the comment
period on the direct final rule and parallel proposal, we are
withdrawing the direct final rule and taking final action on the
proposed rule to reflect our response to the comments.
DATES: This final rule revision is effective July 11, 2008; the
withdrawal of the direct final rule published on April 1, 2008, at 73
FR 17252 is effective July 11, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2005-0155. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available (e.g., Confidential Business
Information (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 form. Publicly available docket
materials are available either electronically through http://www.regulations.gov or in hard copy at the EPA Docket Center, Docket ID
No. EPA-HQ-OAR-2005-0155, Public Reading Room, 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: On April 1, 2008, EPA published a direct
final rule and parallel proposal for ``National Perchloroethylene Air
Emission Standards for Dry Cleaning'' (73 FR 17252). We stated in the
direct final rule and parallel proposal that if we received adverse
comments by May 16, 2008, the direct final rule would not take effect
and we would publish a timely withdrawal in the Federal Register. We
received adverse comments on this direct final rule and are withdrawing
it. As stated in the direct final rule and parallel proposal, we will
not institute a second comment period on this action.
Concurrent with the direct final rule, we published a separate
notice of proposed rulemaking, to provide for the contingency of
adverse comments on the direct final rule (73 FR 17292). We are now
issuing a final rule based on the notice of proposed rulemaking and on
comments received.
Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule is available only by filing a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit by September 9, 2008. Under CAA section 307(d)(7)(B),
only an objection to the final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Moreover, under CAA section 307(b)(2), any
requirements established by the final action may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides a mechanism for
EPA to convene a proceeding for reconsideration, ``if the person
raising the objection can demonstrate to the Administrator that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the rule.'' Any person
seeking to make such a demonstration to EPA should submit a Petition
for Reconsideration to the Office of the Administrator, U.S. EPA, Room
3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC
20460, with a copy to both the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section and the Director of the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344-A),
U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20004.
I. What action is EPA taking?
In today's final rule, EPA is adopting the regulatory revisions to
40 CFR 63.320(d) and (e); 63.323(a)(1), (a)(1)(ii), (b) and (c); and
63.324(d)(5) and (6), including some modifications from what we
proposed to address the comments received. We received no adverse
comments on the proposed revisions to 40 CFR 63.323(a)(1)'s
introductory text, 63.323(a)(1)(ii), or 63.324(d)(5)-(6), and these
revisions are being adopted exactly as proposed. Similarly, we received
no adverse comments on our proposed amendment to Sec. 63.320(d) adding
cross-references to Sec. Sec. 63.322(o)(3) and 63.322(o)(5)(i), or on
our proposed amendment to Sec. 63.320(e) adding a cross-reference to
Sec. 63.322(o)(3); consequently, those additions are also being
adopted.
However, one commenter, the State of Delaware, submitted a comment
on the April 1, 2008 direct final rule and parallel proposal objecting
to the removal from Sec. 63.320(d) and (e) of cross-references to
Sec. 63.322(o)(4), claiming that the removal of these cross-references
would have exempted existing dry-to-dry machine systems from certain
requirements intended to prevent the new installation of any
perchloroethylene (perc) machine in a building with a residence.
Specifically that removal of these cross-references would allow owners
and operators of dry cleaning systems installed after December 21, 2005
to relocate old, high-emitting dry-to-dry machine systems into
residential buildings and significantly increase the residents'
exposure to perc. Delaware recommended that our amendments to Sec.
63.320(d) and (e) be revised to clarify that existing dry-to-dry
machine systems ``remain subject to'' the requirements of Sec.
63.322(o)(4).
We agree with the State of Delaware that our clarification would
have had the unintended impact of revising requirements in the July 27,
2006 final rule. As we explained in the April 1, 2008 direct final rule
(73 FR 17254), we believed that the cross-reference in
[[Page 39872]]
Sec. 63.320(d) and (e) to the new source requirements of Sec.
63.322(o)(4) was inadvertent, and we were concerned that some might
interpret it to subject small existing sources already located in
residential buildings to an immediate prohibition of perc emissions or
an early retirement of perc-emitting machines. Rather, under our rules,
such small existing systems are subject to the same December 21, 2020,
phase-out date that applies to all other existing co-residential
systems that are not eligible for the partial exemptions of Sec.
63.320(d) or (e). (73 FR 17254.)
However, Delaware's comments pointed out to us that Sec.
63.322(o)(4) applies not only to mint-new machine systems that are
constructed, re-constructed and installed in residential buildings, but
also by its terms prohibits ``relocation of a used machine'' (i.e., new
installation of an existing machine). Therefore, we agree with Delaware
that it is inappropriate to remove the cross-references for Sec.
63.320(d) and (e). This final rule will continue to include cross-
references to Sec. 63.322(o)(4), in order to avoid suggesting that any
existing perc-emitting machines, no matter what size, may be newly
installed in residential buildings. As we stated in the July 27, 2006,
final rule, the requirement to eliminate perc emissions from dry
cleaning systems installed after December 21, 2005, ``applies to any
newly installed dry cleaning system that is located in a building with
a residence, regardless of whether the dry cleaning system is a newly
fabricated system or one that is relocated from another facility.'' (71
FR at 42728.)
Two commenters submitted objections that relate to our proposal to
amend Sec. 63.323(b) and (c) by deleting the July 27, 2006, rule's
cross-references to Sec. 63.322(o)(2). These amendments addressed the
rule's inadvertently promulgated requirement that new area sources
conduct specific types of monitoring when carbon adsorbers are used.
The first commenter, a private citizen, asserted that some type of
performance standard is needed for new ``4th generation'' dry cleaning
machines, and implied that the result of EPA's proposed amendments is
that there would not be one. The State of Delaware submitted similar,
but more detailed, comments on this proposed amendment, arguing that by
proposing to eliminate monitoring requirements associated with
secondary carbon adsorbers located at new area sources, neither owners/
operators nor State regulatory agencies will have information necessary
to demonstrate that control devices are effective and that dry cleaning
machines are being operated consistent with good air pollution control
practices. Delaware claimed that eliminating monitoring requirements
for these new area sources would increase perc emissions and
consequently raise cancer risks, and that the monitoring requirements
adopted in the July 27, 2006 rule impose minimal financial burden on
dry cleaners. Delaware recommended that EPA therefore not eliminate the
cross-reference to Sec. 63.322(o)(2), or, if EPA does eliminate it, to
replace it with an alternative means to demonstrate compliant
operations, such as requiring desorption or carbon replacement in
accordance with manufacturers' instructions or at least weekly
(whichever is more stringent), or incorporating a monitoring strategy
similar to that found in rules applicable for wetting agents and foam
blankets that moves toward progressively less frequent monitoring until
breakthrough occurs.
As we explained in the direct final rule, the July 27, 2006, rule's
application of the Sec. 63.323(b) and (c) monitoring requirements for
new area sources subject to Sec. 63.322(o)(2) was due to our failure
to correct cross-references in the final rule when the proposed
requirements for new area sources moved from Sec. 63.322(o)(3) into
Sec. 63.322(o)(2). (73 FR 17253-54.) It was not our intention to
impose these obligations on new area sources, nor had we proposed to
impose them. (73 FR 17253-54.) We continue to believe that, as a
result, the July 27, 2006, rule's promulgation of those requirements,
merely by the erroneous cross-references to Sec. 63.322(o)(2) in Sec.
63.323(b) and (c), is not justified, and that the cross-references must
be removed for that reason.
Furthermore, we disagree with the assertions that removing the
cross-reference to Sec. 63.322(o)(2) from Sec. 63.323(b) and (c)
results in there being no performance standard for machines subject to
the new area source requirements. By its terms, Sec. 63.322(o)(2)
requires such area sources to route the air-perc gas-vapor stream
contained within each dry cleaning machine through a refrigerated
condenser and to pass the stream from inside the machine drum through a
non-vented carbon adsorber or equivalent control device immediately
before the door of the machine is opened. The carbon adsorber must be
desorbed in accordance with manufacturers' instructions. We continue to
believe that this is sufficient to ensure that new area source owners
and operators conduct the work practices required by the rule in Sec.
63.322(o)(2). Therefore, today's final rule adopts the proposed
amendments to Sec. 63.323(b) and (c) that remove the cross-references
to Sec. 63.322(o)(2).
One other commenter raised issues that were not the subject of the
April 1, 2008, direct final rule. Specifically, the St. Louis County
Air Pollution Control Program, while not intending to adversely affect
the rulemaking, asked (along with the Missouri Department of Natural
Resources) for an additional clarification that the temperature
difference monitoring requirements found in Sec. 63.323(a)(2), which
were addressed neither by the July 27, 2006, final rule nor by the
April 1, 2008, direct final rule, were intended to apply only to
transfer units.
While neither the April 1, 2008, direct final rule nor the July
2006 rule revisions to the 1993 rule addressed section 63.323(a)(2), we
did erroneously reference Sec. 63.323(a)(2)(ii) in the preamble to the
April 1, 2008, direct final rule in stating: ``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.'' (73 FR at 17254.) Therefore, we would like to
clarify for the St. Louis County Air Pollution Control Program that the
reference to 40 CFR 63.323(a)(2)(ii) should have been a reference to 40
CFR 63.323(a)(1)(ii) which was the subject of the direct final
rulemaking.
II. 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 review under the EO.
B. Paperwork Reduction Act
This final action does not impose any new information collection
burden. Certain technical and editorial corrections that EPA is making
to the National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities imposes no new burdens. However, the Office of
Management and Budget (OMB) has previously approved the information
collection requirements contained in the existing regulations 40 CFR
part 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 numbers for
[[Page 39873]]
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 this final rule on small
entities, 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. Since the
amendments in this final rule are simply making technical corrections
and clarifications to the existing rule requirements, this 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 by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
1 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.
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. These final rule amendments clarify
certain provisions and correct typographical errors in the rule text
for a rule EPA determined not to include a Federal mandate that may
result in an estimated cost of $100 million or more (69 FR 5061,
February 3, 2004). These clarifications do not change the level or cost
of the standard.
In addition, EPA has determined that this 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 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
the 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 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. The amendments provide clarification and
correct typographical errors. These changes do not modify existing or
create new responsibilities among EPA Regional Offices, States, or
local enforcement agencies. Thus, Executive Order 13132 does not apply
to this final 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.'' This 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 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 EO has the
potential to influence the regulation. This final rule is not subject
to EO 13045 because it does not establish an environmental standard
intended to mitigate health or safety risks.
H. Executive Order 13211: Energy Effects
This final rule is not subject to Executive Order (EO) 13211,
``Actions 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,
[[Page 39874]]
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
No new standard requirements are specified in this final rule.
Therefore, the EPA is not adopting any voluntary consensus standards in
the final rule.
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 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. These final rule amendments do not relax the control
measures on sources regulated by the rule and, therefore, will not
cause emissions increases from these sources.
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 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 final rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This final rule is not a ``major rule'' as defined by 5
U.S.C. 804(2). This rule will be effective July 11, 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: July 7, 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), (o)(4) 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), (o)(3) and
(o)(4); 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
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:
* * * * *
[[Page 39875]]
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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. E8-15872 Filed 7-10-08; 8:45 am]
BILLING CODE 6560-50-P