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17252 Federal Register / Vol. 73, No.

63 / Tuesday, April 1, 2008 / Rules and Regulations

Dated: March 19, 2008. 4. Mail: U.S. Postal Service, send copyrighted material, will be publicly
Timothy V. Skuby, comments to: Air and Radiation Docket, available only in hard copy. Publicly
Captain, U.S. Coast Guard, Acting Environmental Protection Agency, available docket materials are available
Commander, First Coast Guard District. Mailcode: 6102T, 1200 Pennsylvania either electronically in
[FR Doc. E8–6631 Filed 3–31–08; 8:45 am] Ave., NW., Washington, DC 20460. or in hard copy at
BILLING CODE 4910–15–P Please include a total of two copies. the National Emission Standards for
5. Hand Delivery: Deliver in person, Hazardous Air Pollutants for Four Area
or by courier deliveries to: EPA Docket Source Categories Docket, EPA/DC, EPA
Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution
ENVIRONMENTAL PROTECTION West, Room 3334, 1301 Constitution
AGENCY Ave., NW., Washington, DC. The Public
Ave., NW., Washington, DC 20460. Such Reading Room is open from 8:30 a.m. to
40 CFR Part 63 deliveries are only accepted during the 4:30 p.m., Monday through Friday,
Docket’s normal hours of operation, and excluding legal holidays. The telephone
[EPA–HQ–OAR–2005–0155; FRL–8547–4] special arrangements should be made number for the Public Reading Room is
for deliveries of boxed information. (202) 566–1744, and the telephone
RIN 2060–AO52
We request that a separate copy also number for the Air Docket is (202) 566–
National Perchloroethylene Air be sent to the contact person listed 1742.
Facilities Warren Johnson, Sector Policies and
Instructions: Direct your comments to
Programs Division, Office of Air Quality
AGENCY: Environmental Protection Docket ID No. EPA–HQ–OAR–2005–
Planning and Standards (E143–03),
Agency (EPA). 0155. EPA’s policy is that all comments
Environmental Protection Agency,
ACTION: Direct final rule. received will be included in the public
docket without change and may be Research Triangle Park, NC 27711,
made available online at telephone number (919) 541–5124,
SUMMARY: EPA is taking direct final, including any electronic mail address
action on amendments to the national
personal information provided, unless
perchloroethylene air emission
standards for dry cleaning facilities the comment includes information SUPPLEMENTARY INFORMATION: The
promulgated on July 27, 2006, under the claimed to be Confidential Business information presented in this preamble
authority of section 112 of the Clean Air Information (CBI) or other information is organized as follows:
Act. This action amends rule language whose disclosure is restricted by statute. I. Why is EPA using a direct final rule?
to correct applicability cross references Do not submit information that you II. Does this action apply to me?
that were not correctly amended consider to be CBI or otherwise III. What should I consider as I prepare my
between the most recent proposed and protected through comments to EPA?
final rule revisions, and to clarify that or e-mail. The Web IV. Where can I get a copy of this document?
site is an ‘‘anonymous access’’ system, V. Why are we amending the rule?
condenser performance monitoring may
which means EPA will not know your VI. What amendments are we making to the
be done by either of two prescribed rule?
methods (pressure or temperature), identity or contact information unless VII. Statutory and Executive Order Reviews
regardless of whether an installed you provide it in the body of your A. Executive Order 12866: Regulatory
pressure gauge is present. Without these comment. If you send an e-mail Planning and Review
amendments, new area sources could comment directly to EPA without going B. Paperwork Reduction Act
erroneously be required to perform through, your e- C. Regulatory Flexibility Act
monitoring that was proposed for only mail address will be automatically D. Unfunded Mandates Reform Act
captured and included as part of the E. Executive Order 13132: Federalism
major sources, and installed condenser
comment that is placed in the public F. Executive Order 13175: Consultation
performance gauge readings could be and Coordination With Indian Tribal
required of sources when a prescribed docket and made available on the
temperature method is just as valid for Internet. If you submit an electronic G. Executive Order 13045: Protection of
compliance purposes. comment, EPA recommends that you Children From Environmental Health
include your name and other contact and Safety Risks
DATES: This rule is effective on July 15,
information in the body of your H. Executive Order 13211: Actions
2008 without further notice, unless EPA
comment and with any disk or CD–ROM Concerning Regulations That
receives adverse comment by May 16, Significantly Affect Energy Supply,
you submit. If EPA cannot read your
2008. If EPA receives adverse comment, Distribution, or Use
comment due to technical difficulties
we will publish a timely withdrawal in I. National Technology Transfer
and cannot contact you for clarification,
the Federal Register informing the Advancement Act
EPA may not be able to consider your
public that some or all of the J. Executive Order 12898: Federal Actions
comment. Electronic files should avoid To Address Environmental Justice in
amendments in this rule will not take
the use of special characters, any form Minority Populations and Low-Income
of encryption, and be free of any defects Populations
ADDRESSES: Submit your comments, or viruses. For additional instructions K. Congressional Review Act
identified by Docket ID No. EPA–HQ– on submitting comments, go to Unit III
OAR–2005–0155 by one of the following of the SUPPLEMENTARY INFORMATION I. Why is EPA using a direct final rule?
methods: section of this document. EPA is publishing the rule without a
1. Follow the Docket: All documents in the docket prior proposed rule because we view
on-line instructions for submitting are listed in the this as a noncontroversial action and
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comments. index. Although listed in the index, anticipate no adverse comment. As

2. E-mail: some information is not publicly explained below, this action amends
and available, e.g., CBI or other information rule language to clarify that colorimetric
3. Facsimile: (202) 566–9744 and whose disclosure is restricted by statute. monitoring requirements were not
(919) 541–3470. Certain other material, such as intended for new dry cleaning machines

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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations 17253

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

Examples of potentially
Category NAICS 1 code regulated entities

Coin-operated Laundries and Dry Cleaners ....................................................................................... 812310 Dry-to-dry machines.

Transfer machines.
Dry Cleaning and Laundry Services (except coin-operated) ............................................................. 812320 Dry-to-dry machines.
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 Technology Transfer Network (TTN). requirements. In proposed § 63.323(b)
my comments to EPA? Following signature, a copy of this final and (c), the requirement to use a
Do not submit information containing action will be posted on the TTN’s colorimetric detector tube or
CBI to EPA through policy and guidance page for newly perchloroethylene gas analyzer would or e-mail. Send or proposed or promulgated rules at the have applied to carbon adsorbers used
deliver information identified as CBI following address: to comply with proposed § 63.323(o)(2)
only to the following address: Roberto ttn/oarpg/. The TTN provides (i.e., at major sources), but not to those
Morales, OAQPS Document Control information and technology exchange in used to comply with proposed
Officer (C404–02), Office of Air Quality various areas of air pollution control. § 63.322(o)(3) (i.e., at dry cleaning
Planning and Standards, Environmental systems installed at area sources after
V. Why are we amending the rule?
Protection Agency, Research Triangle December 21, 2005). In addition,
Park, North Carolina 27711, Attention: On September 22, 1993, EPA proposed § 63.324(d)(6) would have
Docket ID No. EPA–HQ–OAR–2005– promulgated National imposed reporting and recordkeeping
0155. Clearly mark the part or all of the Perchloroethylene Air Emission requirements for monitoring results
information that you claim to be CBI. Standards for Dry Cleaning Facilities (58 where carbon adsorbers are used to meet
For CBI information in a disk or CD– FR 49376). These standards are codified proposed § 63.322(o)(2), but not to meet
ROM that you mail to EPA, mark the at 40 CFR part 63, subpart M. On proposed § 63.322(o)(3).
outside of the disk or CD–ROM as CBI December 21, 2005, EPA proposed In addition, proposed § 63.322(o)(4)
and then identify electronically within revisions to the National would have prohibited any emissions of
the disk or CD–ROM the specific Perchloroethylene Air Emission perchloroethylene during the transfer of
information that is claimed as CBI. In Standards for Dry Cleaning Facilities (70 articles between the washer and the
addition to one complete version of the FR 75884) which included proposed dryer(s) or reclaimer(s) of any dry
comment that includes information provisions in 40 CFR 63.322(o)(2) that cleaning system, including at systems
claimed as CBI, a copy of the comment would have required owners or that are eligible for the limited
that does not contain the information operators of a dry cleaning system at exemptions from other requirements
claimed as CBI must be submitted for any major source to route the air- under proposed revised § 63.320(d) and
inclusion in the public docket. perchloroethylene gas-vapor stream (e).
Information so marked will not be contained within each dry cleaning On July 27, 2006, EPA promulgated
disclosed except in accordance with machine through a refrigerated final revisions to the National
procedures set forth in 40 CFR part 2. condenser and a carbon adsorber or Perchloroethylene Air Emission
equivalent control device immediately Standards for Dry Cleaning Facilities (71
IV. Where can I get a copy of this before or as the door of the dry cleaning FR 42724) and, in response to
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machine is opened. Proposed comments, removed the proposed

In addition to being available in the § 63.322(o)(3) would have required provisions in § 63.322(o)(2) for owners
docket, an electronic copy of this final owners and operators of dry cleaning or operators of a dry cleaning system at
action will also be available on the systems installed after December 21, any major source. The provisions in
Worldwide Web (WWW) through the 2005, at area sources to meet similar proposed § 63.322(o)(3) for area source

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17254 Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations

systems installed after December 21, which has created a problem for applied, under § 63.322(b)(3), to new
2005, were then moved into operators whose installed pressure dry cleaning machines at a major
§ 63.322(o)(2) as we renumbered the gauges are not operating properly. While sources installed after December 9,
section paragraphs. However, we failed we still believe that installed pressure 1991, equipped with a closed-loop
to properly amend the cross references gauges are a preferred monitoring system with a refrigerated condenser
in §§ 63.323(b) and (c) and 63.324(d)(6) method for most cases, we also and a carbon adsorber, and, under
to § 63.322(o)(2), and thus inadvertently recognize that either method is § 63.322(a)(2), to existing dry cleaning
caused the colorimetric monitoring acceptable to demonstrate condenser machines with a carbon adsorber
provisions and the recordkeeping and compliance, regardless of whether or installed as an alternative to a
reporting provisions proposed for major not a particular system is equipped with refrigerated condenser prior to
sources to appear to apply to new refrigeration system pressure gauges. September 22, 1993. Following the July
systems installed after December 21, This direct final action makes 27, 2006 revisions, though, due to our
2005, at area sources. Moreover, the appropriate amendments to §§ 63.323(a) inadvertent errors in tracking cross-
proposed prohibition on and 63.324(d) in order to allow owners references as changes in the rule were
perchloroethylene emissions during or operators to monitor either pressure made from the proposed rule to the final
transfer moved from proposed or temperature to demonstrate rule revisions, it could be interpreted
§ 63.322(o)(4) to final § 63.322(o)(3), and refrigerated condenser compliance, that these requirements now apply to all
this renumbering of the paragraphs in regardless of whether or not their new dry cleaning systems installed after
§ 63.322(o) was not tracked in the cross system is equipped with refrigeration December 21, 2005, at area sources,
references in the final rule’s system pressure gauges. which was neither proposed nor the
applicability and exemption § 63.320(d) Without amendments to the
EPA’s intent. To remedy this, we are
and (e). Hence, this direct final action refrigerated condenser monitoring
removing the references in § 63.323(b)
makes appropriate amendments to the provisions, the final rule implies that
and (c) to § 63.322(o)(2).
cross references in applicability systems equipped with refrigeration
§ 63.320(d) and (e), and removes the system pressure gauges would not have In addition, due to the July 27, 2006,
cross references in §§ 63.323(b) and (c) the option to monitor temperature. This revisions to 40 CFR 63.323(a), one could
and 63.324(d)(6) to § 63.322(o)(2). was not our intent. interpret that using the monitoring
Without cross reference corrections to Finally, in § 63.322(o)(5)(i) of the final method in 40 CFR 63.323(a)(2)(ii) is
the final rule, the rule cannot be rule we promulgated a December 21, only an option when the dry cleaning
implemented properly. For example, as 2020, phase-out date for all PCE machine is not equipped with
a result of improper applicability cross emissions from dry cleaning systems refrigeration system pressure gauges.
referencing, colorimetric monitoring located in a building with a residence. Our intent was to allow either the
requirements would appear to be This phase-out was intended to apply method in 40 CFR 63.323(a)(1)(i), which
required of dry cleaning systems universally, without being subject to the uses pressure gauge readings, or in 40
installed at area sources after December limited exemptions provided by CFR 63.323(a)(1)(ii), which uses
21, 2005. This was not our intent and § 63.320(d), which grants limited relief temperature sensors, at the owner/
was not contained in the proposed rule. for existing dry-to-dry machines and operator’s discretion. We recognized
Neither is it supported by our impacts ancillary equipment at facilities with that the method in 40 CFR
analysis or by public comments total annual PCE use of less than 530 63.323(a)(1)(i), which uses pressure
received on the proposal, nor is it liters (140 gallons). However, in gauge readings, requires that a machine
explained or justified in the preamble or promulgating amendments to be equipped with refrigeration system
response to comments document § 63.320(d) in the final rule, we pressure gauges, but we did not intend
supporting the final rule. Moreover, inadvertently cross-referenced the that the presence or absence of such
without these corrections, sources promulgated immediate prohibition of gauges would dictate which of these two
eligible for the limited exemptions PCE emissions from new dry cleaning methods could be used for compliance.
under § 63.320(d) and (e) would appear systems installed after December 21, To remedy this, we are amending 40
to be also exempt from the universal 2005, in buildings with a residence, CFR 63.323(a) by removing the phrase
prohibition proposed and promulgated even though such new systems are not ‘‘If the machine is not equipped with
regarding perchloroethylene emissions addressed by § 63.320(d). We are refrigeration system pressure gauges’’ as
during transfers, even though this correcting this cross-referencing error, a condition for using the temperature
inadvertent change from the proposal as necessary to avoid appearing to method in 40 CFR 63.323(a)(1)(ii). We
was also not supported by any subject existing § 63.320(d)-eligible are also amending the recordkeeping
explanation in our final rulemaking. sources located in buildings with a requirements in 40 CFR 63.324(d), to
In addition, while we did not propose residence to an immediate prohibition reflect this 40 CFR 63.323(a)
changes to the test methods and of PCE emissions, and to apply the same amendment, by replacing the phrase
monitoring requirements of § 63.323(a) December 21, 2020 phase-out date that ‘‘temperature sensor monitoring results’’
in the December 21, 2005, proposal, we applies to all other existing co-
nonetheless amended this section in with ‘‘monitoring results (temperature
residential sources.
response to comments. In doing so, we sensor or pressure gauge).’’
stated in the preamble to the final rule VI. What amendments are we making Finally, in order to remedy
that installed pressure gauge monitoring to the rule? applicability section tracking
was a preferred method for monitoring As currently written, 40 CFR inconsistency with the renumbering of
condenser performance, and amended 63.323(b) and (c) require owners or paragraphs in § 63.322 between the most
§ 63.323(a) to include these monitoring operators of dry cleaning machines recent proposed and final revisions, we
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provisions. As written, however, using carbon adsorbers to comply with are amending the cross-references in the
§ 63.323(a) now states that only systems §§ 63.322(a)(2), 63.322(b)(3) and applicability § 63.320(d) and (e) to
that are not equipped with refrigeration 63.322(o)(2) to conduct colorimetric appropriately refer to § 63.322(o)(3)
system pressure gauges may exercise the monitoring. Prior to the July 27, 2006, where they currently refer to
option of monitoring temperature, revisions, these requirements only § 63.322(o)(4).

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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations 17255

VII. Statutory and Executive Order After considering the economic requirements that might significantly or
Reviews impacts of this rule on small entities, I uniquely affect small governments
certify that this action will not have a because the burden is small and the
A. Executive Order 12866: Regulatory
significant economic impact on a regulation does not apply to small
Planning and Review
substantial number of small entities. governments. Therefore, this direct final
This action is not a ‘‘significant This direct final rule will not impose rule is not subject to the requirements
regulatory action’’ under the terms of any new requirements on small entities. of section 203 of the UMRA.
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism
not subject to the review under the EO. Title II of the Unfunded Mandates Executive Order (EO) 13132 (64 FR
Reform Act of 1995 (UMRA), Public 43255, August 10, 1999) requires EPA to
B. Paperwork Reduction Act Law 104–4, establishes requirements for develop an accountable process to
This action does not impose any new federal agencies to assess the effects of ensure ‘‘meaningful and timely input by
information collection burden. The rule their regulatory actions on state, local, state and local officials in the
requires enhanced LDAR program that and tribal governments and the private development of regulatory policies that
requires a handheld portable monitor. sector. Under section 202 of the UMRA, have Federalism implications.’’
Major source facilities will purchase a EPA generally must prepare a written ‘‘Policies that have Federalism
PCE gas analyzer and area sources will statement, including a cost-benefit implications’’ is defined in the EO to
purchase a halogenated hydrocarbon analysis, for proposed and final rules include regulations that have substantial
leak detector. Owners and operators will with federal mandates that may result in direct effects on the states, on the
incur the capital/startup cost of expenditures to State, local, and tribal relationship between the national
purchasing the monitors, plus ongoing governments, in the aggregate, or by the government and the states, or on the
annual operation and maintenance private sector, of $100 million or more distribution of power and
costs. No new information collection is in any one year. Before promulgating an responsibilities among the various
required as part of these amendments; EPA rule for which a written statement levels of government.’’
owners and operators will continue to is needed, section 205 of the UMRA
generally requires EPA to identify and This direct final rule does not have
keep records and submit required
consider a reasonable number of federalism implications. It will not have
reports to EPA or the delegated State
regulatory alternatives and adopt the substantial direct effects on the states,
regulatory authority required in the final
least-costly, most cost-effective, or least on the relationship between the national
rule. However, the Office of
burdensome alternative that achieves government and the States, or on the
Management and Budget (OMB) has
the objectives of the rule. The distribution of power and
previously approved the information
provisions of section 205 do not apply responsibilities among the various
collection requirements contained in the
when they are inconsistent with levels of government, as specified in EO
existing regulations (40 CFR 63 subpart
applicable law. Moreover, section 205 13132. Thus, EO 13132 does not apply
M) under the provisions of the
allows the EPA to adopt an alternative to this rule.
Paperwork Reduction Act 44 U.S.C.
3501 et seq. and has assigned OMB other than the least-costly, most cost F. Executive Order 13175: Consultation
control number 2060–0234. The OMB effective, or least-burdensome and Coordination With Indian Tribal
control number for EPA’s regulations in alternative if the Administrator Governments
40 CFR are listed in 40 CFR part 9. publishes with the final rule an
explanation why that alternative was Executive Order (EO) 13175 (65 FR
C. Regulatory Flexibility Act not adopted. Before EPA establishes any 67249, November 9, 2000) requires EPA
The Regulatory Flexibility Act (RFA) regulatory requirements that may to develop an accountable process to
generally requires an agency to prepare significantly or uniquely affect small ensure ‘‘meaningful and timely input by
a regulatory flexibility analysis of any governments, including tribal tribal officials in the development of
rule subject to notice and comment governments, it must have developed regulatory policies that have tribal
rulemaking requirements under the under section 203 of the UMRA a small implications.’’ The direct final rule does
Administrative Procedure Act or any government agency plan. The plan must not have tribal implications, as specified
other statute unless the Agency certifies provide for notifying potentially in EO 13175. This rule will not have
that the rule will not have a significant affected small governments, enabling substantial direct effects on tribal
economic impact on a substantial officials of affected small governments governments, on the relationship
number of small entities. Small entities to have meaningful and timely input in between the Federal Government and
include small businesses, small the development of EPA regulatory Indian tribes, or on the distribution of
organizations, and small governmental proposals with significant federal power and responsibilities between the
jurisdictions. intergovernmental mandates, and Federal Government and Indian tribes,
For purposes of assessing the impacts informing, educating, and advising as specified in EO 13175. Thus, EO
of the direct final rule on small entities, small governments on compliance with 13175 does not apply to this direct final
a small entity is defined as: the regulatory requirements. rule.
(1) A small business as defined by the EPA has determined that this direct
G. Executive Order 13045: Protection of
Small Business Administration’s (SBA) final rule does not contain a federal
Children From Environmental Health
regulations at 13 CFR 121.201; mandate that may result in expenditures
and Safety Risks
(2) a small governmental jurisdiction of $100 million or more for state, local,
that is a government of a city, county, and tribal governments, in the aggregate, EPA interprets EO 13045 (62 FR
town, school district or special district or the private sector in any one year. 19885, April 23, 1997) as applying only
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with a population of less than 50,000; Therefore, the direct final rule is not to those regulatory actions that concern
and (3) a small organization that is any subject to the requirements of sections health or safety risks, such that the
not-for-profit enterprise which is 202 and 205 of the UMRA. In addition, analysis required under section 5–501 of
independently owned and operated and EPA has determined that this direct the Order has the potential to influence
is not dominant in its field. final rule contains no regulatory the regulation. This action is not subject

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17256 Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations

to EO 13045 because it is based solely level of control required by the National includes both transfer machine
on technology performance. Perchloroethylene Air Emission system(s) and dry-to-dry machine(s) is
Standards for Dry Cleaning Facilities. exempt from §§ 63.322, 63.323, and
H. Executive Order 13211: Actions
63.324, except §§ 63.322(c), (d), (i), (j),
Concerning Regulations That K. Congressional Review Act
(k), (l), (m), (o)(1), (o)(3) and (o)(5)(i);
Significantly Affect Energy Supply, The Congressional Review Act, 5
Distribution, or Use 63.323(d); and 63.324 (a), (b), (d)(1),
U.S.C. 801 et seq., as added by the Small (d)(2), (d)(3), (d)(4), and (e) if the total
This rule is not subject to Executive Business Regulatory Enforcement PCE consumption of the dry cleaning
Order (EO) 13211, ‘‘Actions Concerning Fairness Act of 1996, generally provides facility is less than 530 liters (140
Regulations That Significantly Affect that before a rule may take effect, the gallons) per year. Consumption is
Energy Supply, Distribution, or Use’’ (66 agency promulgating the rule must determined according to § 63.323(d).
FR 28355 (May 22, 2001)) because it is submit a rule report, which includes a (e) Each existing transfer machine
not a significant regulatory action under copy of the rule, to each house of the system and its ancillary equipment, and
EO 12866. Congress and to the Comptroller General each new transfer machine system and
I. National Technology Transfer and of the United States. EPA will submit a its ancillary equipment installed
Advancement Act report containing this direct final rule between December 9, 1991, and
and other required information to the September 22, 1993, located in a dry
Section 12(d) of the National U.S. Senate, the U.S. House of cleaning facility that includes only
Technology Transfer and Advancement Representatives, and the Comptroller transfer machine system(s), is exempt
Act of 1995 (NTTAA), Public Law 104– General of the United States prior to from §§ 63.322, 63.323, and 63.324,
113, 12(d) (15 U.S.C. 272 note), directs publication of this direct final rule in except §§ 63.322(c), (d), (i), (j), (k), (l),
the EPA to use voluntary consensus the Federal Register. A Major rule (m), (o)(1), and (o)(3); 63.323(d); and
standards in its regulatory activities cannot take effect until 60 days after it 63.324 (a), (b), (d)(1), (d)(2), (d)(3),
unless to do so would be inconsistent is published in the Federal Register. (d)(4), and (e) if the PCE consumption
with applicable law or otherwise This action is not a ‘‘major rule’’ as of the dry cleaning facility is less than
impractical. Voluntary consensus defined by 5 U.S.C. 804(2). This rule 760 liters (200 gallons) per year.
standards are technical standards (e.g., will be effective July 15, 2008. Consumption is determined according
materials specifications, test methods, to § 63.323(d).
sampling procedures, and business List of Subjects in 40 CFR Part 63
practices) that are developed or adopted * * * * *
Environmental protection,
by voluntary consensus standards Administrative practice and procedure, ■ 3. Section 63.323 is amended as
bodies. NTTAA directs EPA to provide Air pollution control, Hazardous follows:
Congress, through OMB, explanations ■ a. By revising paragraphs (a)(1)
substances, Intergovernmental relations,
when the Agency decides not to use Reporting and recordkeeping introductory text and (a)(1)(ii).
■ b. By revising paragraph (b)
available and applicable voluntary requirements.
consensus standards. introductory text.
Dated: March 20, 2008. ■ c. By revising paragraph (c)
This action does not involve technical
Stephen L. Johnson, introductory text.
standards. Therefore, EPA did not
consider the use of any voluntary Administrator.
§ 63.323 Test methods and monitoring.
consensus standards. ■ For the reasons set out in the
preamble, title 40, chapter I, part 63, of (a) * * *
J. Executive Order 12898: Federal (1) The owner or operator shall
the Code of Federal Regulations is
Actions To Address Environmental monitor on a weekly basis the
amended as follows:
Justice in Minority Populations and parameters in either paragraph (a)(1)(i)
Low-Income Populations PART 63—[AMENDED] or (ii) of this section.
Executive Order 12898 (59 FR 7629, * * * * *
■ 1. The authority citation for part 63 (ii) The temperature of the air-
February 16, 1994) establishes Federal continues to read as follows:
executive policy on environmental perchloroethylene gas-vapor stream on
justice. Its main provision directs Authority: 42 U.S.C. 7401, et seq. the outlet side of the refrigerated
Federal agencies, to the greatest extent condenser on a dry-to-dry machine,
Subpart M—[Amended] dryer, or reclaimer with a temperature
practicable and permitted by law, to
make environmental justice part of their ■ 2. Section 63.320 is amended by sensor to determine if it is equal to or
mission by identifying and addressing, revising paragraphs (d) and (e) to read less than 7.2 °C (45 °F) before the end
as appropriate, disproportionately high as follows: of the cool-down or drying cycle while
and adverse human health or the gas-vapor stream is flowing through
environmental effects of their programs, § 63.320 Applicability. the condenser. The temperature sensor
policies, and activities on minority * * * * * shall be used according to the
populations and low-income (d) Each existing dry-to-dry machine manufacturer’s instructions and shall be
populations in the United States. and its ancillary equipment located in a designed to measure a temperature of
EPA has determined that this direct dry cleaning facility that includes only 7.2 °C (45 °F) to an accuracy of ±1.1 °C
final rule will not have dry-to-dry machines, and each existing (±2 °F).
disproportionately high and adverse transfer machine system and its * * * * *
human health or environmental effects ancillary equipment, and each new (b) When a carbon adsorber is used to
on minority or low income populations transfer machine system and its comply with § 63.322(a)(2) or exhaust is
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because it does not affect the level of ancillary equipment installed between passed through a carbon adsorber
protection provided to human health or December 9, 1991, and September 22, immediately upon machine door
the environment. Moreover, the 1993, as well as each existing dry-to-dry opening to comply with § 63.322(b)(3),
technical and editorial corrections in machine and its ancillary equipment, the owner or operator shall measure the
this direct final rule do not change the located in a dry cleaning facility that concentration of PCE in the exhaust of

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Federal Register / Vol. 73, No. 63 / Tuesday, April 1, 2008 / Rules and Regulations 17257

the carbon adsorber weekly with a with § 63.322(b)(3), the owner or § 63.324 Reporting and recordkeeping
colorimetric detector tube or PCE gas operator of an affected facility shall requirements.
analyzer. The measurement shall be measure the concentration of PCE in the * * * * *
taken while the dry cleaning machine is dry cleaning machine drum at the end (d) * * *
venting to that carbon adsorber at the of the dry cleaning cycle weekly with a (5) The date and monitoring results
end of the last dry cleaning cycle prior colorimetric detector tube or PCE gas (temperature sensor or pressure gauge),
to desorption of that carbon adsorber or analyzer to determine that the PCE as specified in § 63.323 if a refrigerated
removal of the activated carbon to concentration is equal to or less than condenser is used to comply with
determine that the PCE concentration in 300 parts per million by volume. The § 63.322(a), (b), or (o); and
the exhaust is equal to or less than 100 owner or operator shall: (6) The date and monitoring results,
parts per million by volume. The owner as specified in § 63.323, if a carbon
* * * * * adsorber is used to comply with
or operator shall:
* * * * * ■ 4. Section 63.324 is amended by § 63.322(a)(2), or (b)(3).
revising paragraphs (d)(5), and (d)(6) to * * * * *
(c) If the air-PCE gas vapor stream is
read as follows: [FR Doc. E8–6544 Filed 3–31–08; 8:45 am]
passed through a carbon adsorber prior
to machine door opening to comply BILLING CODE 6560–50–P
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