ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 63 

[EPA-R0I-OAR-2010-0207 ; A-1-FRL- l 

Approval of the Clean Air Act, Section 112(1), Authority for Hazardous Air Pollutants : Air 

Emission Standards for Halogenated Solvent Cleaning Machines : State of Rhode Island 

Department of Environmental Management 

AGENCY: Environmental Protection Agency ("EPA"). 

ACTION: Direct final rule . 

SUMMARY: Pursuant to section 112(1) of the Clean Air Act ("CAA") and federal regulations 

promulgated thereunder, the Rhode Island Department of Environmental Management ("RI 

DEM") submitted a request for approval to implement and enforce Air Pollution Control 

Regulation Number 36, Control of Emissions from Organic Solvent Cleaning ("RI Regulation 

No. 36"), and the Rhode Island Air Pollution Control, General Definitions Regulation ("RI 

General Definitions Rule"), as a partial substitution for the National Emissions Standards for 

Halogenated Solvent Cleaning ("Halogenated Solvent NESHAP"), as it applies to organic 

solvent cleaning machines in Rhode Island, except continuous web cleaning machines, with 

respect to which the Halogenated Solvent NESHAP shall continue to apply. EPA has reviewed 

this request and has determined that RI Regulation No. 36 and the RI General Definitions Rule 

satisfy the requirements necessary for partial substitution approval. Thus, EPA is hereby 

granting RI DEM the authority to implement and enforce RI Regulation No . 36 and the RI 

General Definitions Rule in place of the Halogenated Solvent NESHAP for organic solvent 

cleaning machines, but EPA is retaining its authority with respect to continuous web cleaning 
machines in Rhode Island . This approval makes RI Regulation No. 36 and the RI General 

Definitions Rule federally enforceable. 

DATES: This direct final rule will be effective [Insert date 60 days from date of publication 

in the Federal Register), unless EPA receives adverse comments by [Insert date 30 days from 

date of publication in the Federal Register] . If adverse comments are received, EPA will 

publish a timely withdrawal of the direct final rule in the Federal Register informing the public 

that the rule will not take effect. The incorporation by reference of certain publications listed in 

the rule is approved by the Director of the Federal Register as of [Insert date 60 days from 

date of publication in the Federal Register . 

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-ROI-OAR-2010-

0207 by one of the following methods: 

1 . www.reg_ulations .gov : Follow the on-line instructions for submitting comments . 

2. E-mail : mcdonnell.ida@epa.gov 

3 . Fax: (617) 918-0653 

4. Mail : "EPA-ROI-OAR-2010-0207", Ida McDonnell, U.S. Environmental Protection 

Agency, EPA New England Regional Office, Air Permits, Toxics and Indoor Programs 

Unit, Five Post Office Square, Suite 100 (mail code OEP05-2), Boston, MA 02109-3912 . 

5. Hand Delivery or Courier. Deliver your comments to: Ida McDonnell, Manager, Air 

Permits, Toxics and Indoor Programs Unit, Office of Ecosystem Protection, U.S . 

Environmental Protection Agency, EPA New England Regional Office, Five Post Office 

Square, Suite 100 (OEP05-2), Boston, MA 02109-3912 . Such deliveries are only 

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accepted during the Regional Office's normal hours of operation. The Regional Office's 

official hours of business are Monday through Friday, 8 :30 to 4 :30, excluding legal 

holidays . 

Instructions : Direct your comments to Docket ID No . EPA-RO1-OAR-2010-0207. 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.rep-ulations .g_ov, 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 through 

www.reQulations .gov, or e-mail, information that you consider to be CBI or otherwise protected . 

The www.regulations .gov website 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. EPA will forward copies of all submitted 

comments to the Rhode Island Department of Environmental Management. 
Docket: All documents in the electronic docket are listed in the www.regulations .gov 

index. Although listed in the index, some information is not publicly available, i .e ., CBI or other 

information whose disclosure is restricted by statute. Certain other material, such as copyrighted 

material, is not placed on the Internet and will be publicly available only in hard copy form . 

Publicly available docket materials are available either electronically in www.regulations .gov or 

in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA 

New England Regional Office, Five Post Office Square, Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION 

CONTACT section to schedule your inspection. The Regional Office's official hours of 

business are Monday through Friday, 8 :30 to 4:30, excluding legal holidays. 

In addition, copies of the State submittal are also available for public inspection during 

normal business hours, by appointment at the Rhode Island Department of Environmental 

Management, 291 Promenade Street, Providence, RI, 02908. 

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics and 

Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, 

EPA New England Regional Office, Five Post Office Square, Suite 100 (OEP05-2), Boston, MA 

02109-3912, telephone number (617) 918-1656, fax number (617) 918-0656, e-mail 

lancey .susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever " we," " us," or " our" is used, we mean EPA. 
Organization of this document. The following outline is provided to aid in locating information 

in this preamble. 

I. Background and Purpose 

II . What Requirements Must a State Rule Meet to Substitute for a Section 112 Rule? 

III . How Will EPA Determine Equivalency for State Alternative NESHAP 

Requirements? 

IV. EPA Determination of Rule Equivalency 

A. What are the Major Differences between Rhode Island Regulation No. 36 and 

the Halogenated Solvent NESHAP? 

i . How do the Applicability Requirements Differ? 

ii . How do the Compliance Schedules Differ? 

iii. What Provisions Apply to Continuous Web Cleaning Machines? 

iv. How are the Requirements for Batch Cold Cleaning Machines 

Different? 

v. How are the Requirements for Batch Vapor and In-line Cleaning 

Machines Different? 

vi. How do the Requirements for the Alternative Standards Differ? 

vii. How do the Requirements for the Facility-Wide Emission Limits 

Differ? 

viii . How are the Monitoring Requirements Different? 

ix. How do the Reporting Requirements Differ? 

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V. What Is EPA's Action Regarding Rhode Island Regulation No. 36? 

VI. Final Action 

VII. Judicial Review 

VIII. 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 

Risks and Safety Risks 

H. Executive Order 13211 : Actions Concerning Regulations That Significantly 

Affect Energy Supply, Distribution, or Use 

1. National Technology Transfer and Advancement Act 

J. Executive Order 12898 : Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations 

K. Congressional Review Act 

1. Background and Purpose 
Under CAA section 112(1), EPA may approve state or local rules or programs to be 

implemented and enforced in place of certain otherwise applicable Federal rules, emissions 

standards, or requirements . The Federal regulations governing EPA's approval of state and local 

rules or programs under section 112(1) are found in 40 CFR part 63, subpart E. Under these 

regulations, a state air pollution control agency has the option to request EPA's approval to 

substitute a state rule for the applicable Federal rule (e.g., the National Emission Standards for 

Hazardous Air Pollutants). Upon approval by EPA, the state agency is authorized to implement 

and enforce its rule in place of the Federal rule . 

EPA promulgated the National Emissions Standards for Hazardous Air Pollutants for 

Halogenated Solvent Cleaning Facilities ("Halogenated Solvent NESHAP") on December 2, 

1994. See 40 CFR part 63, subpart T. EPA promulgated several amendments to the 

Halogenated Solvent NESHAP, with the latest amendments promulgated on May 3, 2007 . 

On January 8, 2001, EPA received a request from RI DEM to implement and enforce 

its Air Pollution Control Regulation Number 36, Control of Emissions from Organic Solvent 

Cleaning ("RI Regulation No . 36") as a substitute for the Halogenated Solvent NESHAP, as it 

applies to organic solvent cleaning machines in Rhode Island, except continuous web cleaning 

machines. Upon evaluation, EPA requested that the RI DEM revise its January 8, 2001 

submission. On March 11, 2005, RI DEM submitted a revised rule substitution package. 

In a letter dated October 9, 2007, EPA requested that RI DEM further revise RI 

Regulation No. 36 to address new facility-wide emission limits and associated reporting and 

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recordkeeping issued in the May 3, 2007 amendments to the Halogenated Solvent NESHAP, as 

well as several other requirements . On October 9, 2008, RI DEM finalized amendments to RI 

Regulation No. 36, as well as to Rhode Island Air Pollution Control General Definitions 

Regulation ("RI General Definitions Rule") . On April 20, 2009, RI DEM submitted its amended 

RI Regulation No. 36 and RI General Definitions Rule to be implemented and enforced as a 

partial rule substitution in place of the Halogenated Solvent NESHAP for all organic solvent 

cleaning machines, except continuous web cleaning machines. RI DEM provided supplemental 

information to its April 20, 2009 submission on June 12, 2009. 

On September 30, 2009, EPA determined that the RI DEM April 20, 2009 submission, 

supplemented on June 12, 2009, was complete. As explained below, EPA has reviewed the 

State's submission and determined that the RI Regulation No. 36 and RI General Definitions 

Rule are no less stringent than the Halogenated Solvent NESHAP, as applied to all organic 

cleaning machines in Rhode Island, except continuous web cleaning machines. 

Please note that if EPA receives adverse comment on an amendment, paragraph, or 

section of this rule, and if that provision may be severed from the remainder of the rule, EPA 

may adopt as final those provisions of the rule that are not the subject of an adverse comment. 

11 . What Requirements Must a State Rule Meet to Substitute for a Section 112 Rule? 

A state must demonstrate that it has satisfied the general delegation/approval criteria 

contained in 40 CFR 63 .91(d) . The process of providing "up-front approval" assures that a state 

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has met the delegation criteria in section 112(l)(5) of the CAA (as codified in 40 CFR 63 .91(d)), 

that is, that the state has demonstrated that its NESHAP program contains adequate authorities to 

assure compliance with each applicable Federal requirement, adequate resources for 

implementation, and an expeditious compliance schedule. Under 40 CFR 63 .91(d)(3), interim or 

final Title V program approval satisfies the criteria set forth in 40 CFR 63 .91(d) for "up-front 

approval ." On October 1, 2001, EPA promulgated full approval of RI DEM's operating permits 

program. See 66 FR 49839. Accordingly, RI DEM has satisfied the up-front approval criteria of 

40 CFR 63 .91(d) . 

Additionally, the "rule substitution" option requires EPA to make a detailed and thorough 

evaluation of the state's submittal to ensure that it meets the stringency and other requirements of 

40 CFR 63 .93 . A rule will be approved if the state or local government demonstrates : (1) the 

state and local rules contain applicability criteria that are no less stringent than the corresponding 

Federal rule ; (2) the state and local rule requires levels of control and compliance and 

enforcement measures that would achieve emission reductions from each affected source that are 

no less stringent than would result from the otherwise applicable Federal standard ; (3) the 

schedule for implementation and compliance is consistent with the deadlines established in the 

otherwise applicable Federal rule; and (4) the state requirements include additional compliance 

and enforcement measures as specified in 40 CFR 63 .93(b)(4). See 40 CFR 63 .93(b) . After 

reviewing RI DEM's amended partial rule substitution request and equivalency demonstration 

for the Halogenated Solvent NESHAP, EPA has determined this request meets all the 

requirements necessary for approval under CAA section 112(l) and 40 CFR 63 .91 and 63 .93 . 
III. How Will EPA Determine Equivalency for State Alternative NESHAP Requirements? 

Before we can approve alternative requirements in place of a part 63 emissions standard, 

the state must submit to us detailed information that demonstrates how the alternative 

requirements compare with the otherwise applicable Federal standard . Under 40 CFR part 63 

subpart E, the level of control in the state rule must be at least as stringent as the level of control 

in the Federal rule . In addition, in order for equivalency to be granted, the level of control and 

compliance and enforcement measures ("MRR") of the state rule, taken together as a whole, 

must be equivalent to the level of control and MRR of the Federal rule, taken together as a 

whole. A detailed discussion of how EPA will determine equivalency for state alternative 

NESHAP requirements is provided in the preamble to EPA's proposed Subpart E amendments 

on January 12, 1999. See 64 FR 1908. 

IV. EPA Determination of Rule Equivalency 

A. What are the Major Differences between Rhode Island Regulation No. 36 and the 

Halogenated Solvent NESHAP? 

Rhode Island Regulation No . 36 differs in several ways from the Halogenated Solvent 

NESHAP . Most of these differences make RI Regulation No . 36 more stringent than the 

Halogenated Solvent NESHAP. However, some of the provisions require explanation and 

clarification to explain how they are no less stringent than the Halogenated Solvent 

NESHAP. The provisions of RI Regulation No. 36 that are the same as the Halogenated 

Solvent NESHAP are not discussed in this section. 

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i . How do the Applicability Requirements Differ? 

The Halogenated Solvent NESHAP applies to each individual batch vapor, in-line 

vapor, in-line cold, and batch cold solvent cleaning machine that uses any solvent containing 

methylene chloride, perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon 

tetrachloride, or chloroform, or any combination of these Hazardous Air Pollutant ("HAP") 

solvents, in a total concentration greater than five percent by weight, as a cleaning and/or 

drying agent. See 40 CFR 63.460(a). RI Regulation No . 36 applies to any organic solvent 

cleaning machine using any volatile organic compound ("VOC") or any volatile HAP, 

including all types of solvent cleaning machines specified in the Halogenated Solvent 

NESHAP for cleaning or drying parts, except any cold cleaning machine that uses a solvent 

which contains no more than 5% VOC or volatile HAP by weight. See RI Regulation 36 .2 

and 36.1 . RI Regulation No. 36 is more stringent than the Halogenated Solvent NESHAP 

because it applies to all organic solvent cleaning machines using any organic solvent of any 

concentration, except cold cleaning machines using less than 5% VOC or volatile HAP by 

weight, 

ii . How do the Compliance Schedules Differ? 

The Halogenated Solvent NESHAP requires existing sources constructed or 

reconstructed before November 29, 1993 to be in compliance with their requirements, except 

for the facility-wide emission limits, by December 2, 1997, and new sources must be in 

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compliance with their requirements, except for the facility-wide emission limits, immediately 

upon startup or by December 2, 1994, whichever is later. See 40 CFR 63 .460(c) and (d) . 

The Halogenated Solvent NESHAP requires new sources to comply with the facility-wide 

emission limits by May 3, 2007 or immediately upon startup, whichever is later, and existing 

sources must comply by May 3, 2010. See 40 CFR 63 .460(i). RI Regulation No . 36 requires 

existing sources constructed or reconstructed before November 29, 1993 to be in compliance 

by January 1, 1997 and new or reconstructed sources constructed after November 29, 1993 

must be in compliance immediately upon startup or by April 8, 1996, whichever is later. RI 

Regulation No . 36 facility-wide emission limits became effective on October 9, 2008 . See 

RI Regulation 36.3 and 36 .4 .17. RI Regulation No. 36 compliance dates for existing sources 

are earlier than the Halogenated NESHAP and new sources must already be in compliance or 

must comply immediately upon startup . Therefore, the RI Regulation No. 36 compliance 

deadlines are consistent with the deadlines established in the Halogenated Solvent NESHAP . 

iii. What Provisions Apply to Continuous Web Cleaning Machines? 

EPA amended the Halogenated Solvent NESHAP on December 3, 1999, to include 

provisions for continuous web cleaning machines. See 64 FR 67793 . Continuous web 

cleaning machines are solvent cleaning machines in which parts such as film, coils, wire, and 

metal strips are cleaned at speeds typically in excess of 11 feet per minute, and EPA 

determined that these types of cleaning machines warranted additional review following the 

original promulgation of the Halogenated Solvent NESHAP . RI Regulation No. 36 does not 

include specific provisions for continuous web cleaning machines. RI DEM informed EPA 

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that there are no continuous web cleaning machines currently operating in Rhode Island and 

that any new continuous web cleaning operations would be required by Rhode Island Air 

Pollution Control Regulation No. 9, Air Pollution Control Permits, to obtain a 

preconstruction permit prior to installation . Under the provisions of subsection 9.3 of 

Regulation No. 9, a preconstruction permit is issued only if the process is determined to 

employ Best Available Control Technology (BACT) and is in compliance with all applicable 

State and Federal requirements. Under the federal rule substitution requirements in Section 

63.93(a), "permits must already be issued to be used under this section." See 40 CFR 

63 .93(a)(4). Because RI DEM's rule does not include specific provisions for continuous web 

cleaning machines and because EPA can only review permits that are already issued for 

determining equivalency, EPA cannot rely on any potential future permits issued under RI 

Air Pollution Control No. 9 to demonstrate equivalency for continuous web cleaning 

machines. Therefore, EPA is retaining the federal requirements for continuous web cleaning 

machines. 

iv . How are the Requirements for Batch Cold Cleaning Machines Different? 

The Halogenated Solvent NESHAP requires batch cold cleaning machines, except remotereservoir machines, to employ a tightly-fitting cover, and either : (1) a freeboard ratio of 0.75 or 

greater or (2) a water layer of a minimum thickness of 1 inch on the surface of the solvent 

cleaning machine. See 40 CFR 63 .462(a). RI Regulation No. 36 requires batch cold cleaning 

machines to be equipped with a cover and a freeboard ratio of greater than or equal to 0.75. See 

RI Regulation 36.5 .2 and 36.5 .3 . RI does not allow the option of a water layer. All other batch 

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cold cleaning requirements are the same. See RI Regulation 36.5 and 36.4 . RI's batch cold 

cleaning machine requirements are equivalent to the Halogenated Solvent NESHAP. 

v. How are the Requirements for Batch Vapor and In-line Cleaning Machines 

Different? 

The Halogenated Solvent NESHAP requires each cleaning machine to be equipped with 

either: (1) an idling and downtime mode cover or (2) a reduced room draft . See 40 CFR 

63 .463(a)(1)(i) and (ii) . RI Regulation No. 36 does not allow the use of reduced room drafts but 

does require the use of a cover. See RI Regulation 36.6 .1 and 36 .7 .1 . This is equivalent to the 

Halogenated Solvent NESHAP. 

The Halogenated Solvent NESHAP requires each cleaning machine to have an automated 

parts handling system operated at 11 feet per minute (ft/min) or less . See 40 CFR 63 .463(a)(3) . 

RI Regulation No. 36 requires an automated parts handling system operated at l Oft/min. See RI 

Regulation 36.6 .3 and 36.7 .3 . RI Regulation No. 36 is more stringent than the Halogenated 

Solvent NESHAP. 

The Halogenated Solvent NESHAP requires in-line cleaning machines and batch vapor 

machines with a solvent air interface to operate using either : (1) the control combinations 

specified in the appropriate Tables or (2) an idling emission limit. See 40 CFR 63 .463(b) and 

(c). RI regulation No . 36 does not allow idling emission limits as an option for compliance and 

specifies fewer control combination options than the Halogenated Solvent NESHAP, but all 

control combinations allowed by RI Regulation No . 36 are at least as stringent as the 

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Halogenated Solvent NESHAP control combinations . See RI Regulation 36 .6 .6, 36.6 .7, 36.7 .7, 

and 36 .7 .8 . 

vi. How do the Requirements for the Alternative Standards Differ? 

The Halogenated Solvent NESHAP allows facilities to meet a 3-month rolling average 

monthly emission limit as an alternative to the control technology standards for machines with or 

without a solvent/air interface. See 40 CFR 63 .464. RI Regulation No. 36 does not allow an 

alternative emission limit standard for machines with a solvent/air interface. RI Regulation No. 

36 does allow an alternative emission limit standard for machines without a solvent/air interface, 

which is equivalent to the Halogenated Solvent NESHAP. See RI Regulation 36.8 . 

vii . How do the Requirements for the Facility-Wide Emission Limits Differ? 

The Halogenated Solvent NESHAP was amended on May 3, 2007 to include new facilitywide emission limits and associated reporting and recordkeeping requirements. For major 

sources, the facility-wide emission limits apply to all solvent cleaning machines, except solvent 

cleaning machines used in the manufacture and maintenance of aerospace products, solvent 

cleaning machines used in the manufacture of narrow tubing and all continuous web cleaning 

machines . For area sources, the facility-wide emission limits apply to all solvent cleaning 

machines except cold batch cleaning machines. See 40 CFR 63 .471 . RI Regulation No. 36 

includes a monthly halogenated HAP solvent emission limit for all organic solvent cleaning 

operations, calculated on a 12-month rolling average basis, unless RI approves a greater quantity 

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of HAP emissions in an operating permit . In no case shall emissions exceed the facility-wide 

limit in 40 CFR 63.471 . See RI Regulation 36.4 .17. The RI facility-wide emission limits are 

equivalent to or more stringent than the Halogenated Solvent NESHAP. 

viii . How are the Monitoring Requirements Different? 

The Halogenated Solvent NESHAP requires facilities operating a carbon adsorber to 

maintain an exhaust concentration of 100 parts per million ("ppm") or less and conduct weekly 

monitoring using a colorimetric detector tube. See 40 CFR 63 .463(e)(2)(vii) and 63 .466(e). RI 

Regulation No . 36 requires that the solvent concentration in the carbon adsorber exhaust shall 

not exceed 25 ppm and requires weekly monitoring with a colorimetric detector tube. RI 

Regulation No. 36 also requires an initial performance test using EPA Test Method 25 within 60 

days of startup of the carbon adsorber. See RI Regulation 36.9 .5 . The RI rule is more stringent 

than the Halogenated Solvent NESHAP. 

ix. How do the Reporting Requirements Differ? 

RI Regulation No. 36 includes several differences in reporting requirements. The 

Halogenated Solvent NESHAP requires new sources to submit an initial notification as soon 

as practicable before startup. See 40 CFR 63.468(b). RI Regulation No. 36 requires new 

sources to submit the initial notification report 120 days before the startup of the cleaning 

machine. See RI Regulation 36.11 .1 . The Halogenated Solvent NESHAP requires a 

compliance report including certain information to be submitted for new sources 150 days 

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after startup. The compliance report must include, among other requirements, the results of 

the first 3 month average emission calculation for sources complying with the alternative 

standard . See 40 CFR 63 .468(c), (d) and (e) . RI Regulation No . 36 requires the compliance 

report be submitted 60 days after startup of the cleaning machine and sources complying with 

the alternative standard must only submit a calculation of emissions for the first month. RI 

Regulation No. 36 cannot require a 3-month average calculation because the report is due 60 

days after startup . However, the RI regulation does require sources to keep records of each 

3-month average calculation and to report this information annually. See RI Regulation 

36.10.3, 36.11 .2 and 36 .11 .4 . 

The Halogenated Solvent NESHAP requires certain incidences to be reported as 

exceedances. See 40 CFR 63 .463(e). RI Regulation No. 36 includes these requirements, 

except for the following differences . The Halogenated Solvent NESHAP requires the 

following incidences to be reported as an exceedance, if the incidence is not corrected within 

15 days: (1) temperature monitoring exceedances; (2) a cover with cracks, holes or other 

defects; and (3) carbon adsorber monitoring exceedances. See 40 CFR 63.463(e)(3)(ii) . RI 

Regulation No . 36 requires each of these incidences to be reported as an exceedance 

regardless of whether the incidence is corrected within 15 days. See RI Regulation 36.9 .1 

36.9 .3, 36.9 .4, 36 .9 .5 . The RI Regulation is more stringent for these exceedance report 

provisions . The Halogenated Solvent NESHAP requires an exceedance report if an idling 

mode cover 'is not in place when parts are not in the solvent cleaning machine or if the cover 

is located above the lip exhaust. See 40 CFR 63 .463(e)(3)(i). RI does not require an 

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exceedance report for these incidences but the RI rule prohibits these incidences and requires 

a record to be kept if these incidences occur. See RI Regulation 36.10.2(h), 36.6 .1, 36 .7 .1 . 

The Halogenated Solvent NESHAP includes reporting and recordkeeping requirements 

associated with the facility-wide emission limits in 40 CFR 63 .471 . RI does not require all of 

the reporting and recordkeeping associated with the facility-wide emission limits, so long as 

the source emits less than 50% of the facility-wide emission limit in 40 CFR 63 .471 . If a 

facility emits more than 50% of the facility-wide emission limit in 40 CFR 63 .471, it 

becomes subject to all of the reporting and recordkeeping in 40 CFR 63 .471 . See RI 

Regulation 36.11 .4(b). Specifically, RI does not require sources to maintain a log of 

additions and deletions from the machine, and fill the machine on the first day of each month 

to calculate the facility-wide emission limit (except batch vapor machines). But, RI does 

require sources to keep a record of the amount of perchloroethylene, trichloroethylene, and 

methylene chloride used each month. See RI Regulation 36.10 .2(b) and 36 .10.4(d). RI does 

not require all of the information in the initial notification and statement of compliance due 

to EPA by May 3, 2010 under 40 CFR 63 .471 . However, RI Regulation No. 36 does require 

sources to submit an annual report of solvent cleaning emissions by April 15 of each year 

starting April 15, 2009. See RI Regulation 36 .11 .4(b). Also, RI has required the information 

in the May 3, 2010 report to be submitted previously (e.g ., date of installation of the machine 

and controls used). See RI Regulation 36.11 .1(a) and (b). 

Although RI Regulation No. 36 includes several reporting and recordkeeping 

differences, RI Regulation No. 36 is more stringent than the Halogenated Solvent NESHAP 

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in a number of areas. As discussed above, RI Regulation No. 36 includes more stringent 

applicability, more stringent monitoring requirements, and the control requirements are at 

least equivalent to or more stringent than the Halogenated Solvent NESHAP requirements . 

In addition, certain reporting requirements are more stringent than the Halogenated Solvent 

NESHAP . Although RI Regulation No. 36 includes some reporting and recordkeeping 

differences from the Halogenated Solvent NESHAP, EPA has determined that the 

requirements of RI Regulation No. 36 are, taken as a whole, equivalent to the requirements of 

the Halogenated Solvent NESHAP . 

V. What Is EPA's Action Regarding Rhode Island Regulation No. 36? 

After reviewing Rhode Island's request for approval of RI Regulation No. 36, EPA has 

determined that Rhode Island's regulations meet all of the requirements necessary for partial rule 

substitution under section 112(1) of the CAA and 40 CFR 63 .91 and 63 .93 . The Rhode Island 

Regulation No. 36, taken as a whole, is no less stringent than the Halogenated Solvent NESHAP, 

as applied to all solvent cleaning machines, except continuous web cleaning machines. 

Therefore, EPA hereby approves Rhode Island's request to implement and enforce Rhode Island 

Air Pollution Control Regulation No . 36, Control of Emissions from Organic Solvent Cleaning 

and Rhode Island Air Pollution Control, General Definitions Regulation, in place of the 

Halogenated Solvent NESHAP for all halogenated solvent cleaning machines in Rhode Island, 

except continuous web cleaning machines. EPA retains the requirements for continuous web 

cleaning machines. As of the effective date of this action, RI Regulation No. 36 and RI General 

Definitions Rule are enforceable by EPA and by citizens under the CAA. Although Rhode 

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Island has primary responsibility to implement and enforce RI Regulation No . 36 and RI General 

Definitions Rule, EPA retains the authority to enforce any requirement of the rule upon its 

approval under CAA 112. See CAA section 112(l)(7). 

VI. FINAL ACTION. 

The EPA is approving the Rhode Island Air Pollution Control Regulation No . 36, 

Control of Emissions from Organic Solvent Cleaning, and Rhode Island Air Pollution Control 

General Definitions Regulation as a partial rule substitution for the Halogenated Solvent 

NESHAP for halogenated solvent cleaning machines in Rhode Island, except continuous web 

cleaning machines. The EPA retains the requirements for continuous web cleaning machines. 

The EPA is publishing this action without prior proposal because the Agency views 

this as a noncontroversial amendment and anticipates no adverse comments . However, in the 

proposed rules section of this Federal Register publication, EPA is publishing a separate 

document that will serve as the proposal to approve the rule revision should relevant adverse 

comments be filed. This rule will be effective [ Insert date 60 days from date of publication in 

the Federal Register] without further notice unless the Agency receives relevant adverse 

comments by [Insert date 30 days from date of publication in the Federal Register . 

If the EPA receives such comments, then EPA will publish a notice withdrawing the 

direct final rule and informing the public that the direct final rule will not take effect . All public 

comments received will then be addressed in a subsequent final rule based on the proposed rule . 

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The EPA will not institute a second comment period on the proposed rule . All parties interested 

in commenting on the proposed rule should do so at this time. If no such comments are received, 

the public is advised that this rule will be effective on [INSERT DATE 60 DAYS FROM 

DATE OF PUBLICATION IN THE FEDERAL REGISTERI and no fi.irther action will be 

taken on the proposed rule . Please note that if EPA receives adverse comment on an 

amendment, paragraph, or section of this rule and if that provision may be severed from the 

remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject 

of an adverse comment. 

VII. Judicial Review 

Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of this final rule is 

available only by filing a petition for review in the United States Court of Appeals for the 

appropriate circuit by [INSERT DATE 60 DAYS FROM DATE OF PUBLICATION IN 

THE FEDERAL REGISTER]. Under CAA section 307(b)(2), the requirements established by 

this final rule 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 that "[o]nly an objection to a rule or 

procedure which was raised with reasonable specificity during the period for public comment 

(including any public hearing) may be raised during judicial review." This section-also provides 

a mechanism for us to convene a proceeding for reconsideration, "[i]f the person raising an 

objection can demonstrate to the EPA 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 

21 
central relevance to the outcome of the rule ." Any person seeking to make such a demonstration 

to us should submit a Petition for Reconsideration to the Regional Administrator, U.S . 

Environmental Protection Agency, EPA New England Regional Office, Five Post Office Square, 

Suite 100 (ORA01-4), Boston, MA 02109-3912, with a copy to the person(s) listed in the 

preceding FOR FURTHER INFORMATION CONTACT section, and the Regional Counsel, 

U.S . Environmental Protection Agency, EPA New England Regional Office, Five Post Office 

Square, Suite 100 (ORA01-4), Boston, MA 02109-3912. Filing a petition for reconsideration by 

the Administrator of this final rule under CAA section 307(d)(7)(B) does not affect the finality of 

this rule for the purposes of judicial review, does not extend the time within which a petition for 

judicial review may be filed, and does not postpone the effectiveness of the rule . 

VIII. Statutory and Executive Order Reviews 

A. Executive Order 12866 : Regulatory Planning and Review 

This action approves equivalent state requirements in place of Federal requirements 

under CAA section 112(1) . This type of action is exempt from review under Executive Order 

("EO") 12866. 

B. Paperwork Reduction Act 

This action does not impose an information collection burden under the provisions of the 

Paperwork Reduction Act, 44 U.S .C. 3501 et se-1c . Burden is defined at 5 CFR 1320.3(b). This 

action allows the State of Rhode Island to implement equivalent state requirements in lieu of pre22 
existing Federal requirements as applied only to halogenated solvent cleaning machines. Thus, 

this action does not require any person to submit information. 

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 today's rule on small 

entities, small entity is defined as : (1) a small business that meets the Small Business 

Administration size standards found 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 today's final rule on small entities, I certify that this action will not have a 

significant economic impact on a substantial number of small entities . This final rule will not 

have a significant impact on a substantial number of small entities because approvals under CAA 

section 112(1) and 40 CFR 63 .93 do not create any new requirements. Such approvals simply 

allow a state to implement and enforce equivalent requirements in place of the Federal 

requirements that EPA is already imposing. 

23 
D. Unfunded Mandates Reform Act 

This action contains no Federal mandates under the provisions of Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA), 2 U.S .C. 1531-1538 for State, local, or tribal 

governments or the private sector . The action imposes no enforceable duty on any State, local or 

tribal governments or the private sector . Therefore, this action is not subject to the requirements 

of sections 202 or 205 of the UMRA. This action is also not subject to the requirements of 

section 203 of UMRA because it contains no regulatory requirements that might significantly or 

uniquely affect small governments. This action allows the State of Rhode Island to implement 

equivalent state requirements in lieu of pre-existing Federal requirements as applied to 

halogenated solvent cleaning machines. Such approvals simply allow a state to implement and 

enforce equivalent requirements in place of the Federal requirements that EPA is already 

imposing. Thus, this action does not significantly or uniquely affect small governments . 

E. Executive Order 13132: Federalism 

This action 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 Executive Order 13132. This action simply allows Rhode Island to implement 

equivalent alternative requirements to replace a Federal standard, and does not alter the 

relationship or the distribution of power and responsibilities established in the Clean Air Act. 

Thus, Executive Order 13132 does not apply to this action. 

24 
F. Executive Order 13175 : Consultation and Coordination with Indian Tribal 

Governments 

This action does not have tribal implications, as specified in Executive Order 13175 (65 

FR 67249, November 9, 2000). This action allows the State of Rhode Island to implement 

equivalent state requirements in lieu of pre-existing Federal requirements as applied only to 

halogenated solvent cleaning machines. This action 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 Executive Order 13175 . Thus, Executive Order 13175 does not apply to this 

action . 

G. Executive Order 13045: Protection of Children from Environmental Health Risks 

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 action is 

not subject to EO 13045 because it approves a state program such that it allows the State 

of Rhode Island to implement equivalent state requirements in lieu of pre-existing Federal 

requirements as applied only to halogenated solvent cleaning machines . 

H. Executive Order 13211 : Actions Concerning Regulations That Significantly Affect 

Energy Supply, Distribution, or Use 

25 
This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), 

because it is not a significant regulatory action under Executive Order 12866. 

I. National Technology Transfer and Advancement Act 

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 

("NTTAA"), Public Law No . 104-113, 12(d) (15 U.S .C. 272 note) directs 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 the Office of Management and Budget ("OMB"), explanations when the 

Agency decides not to use available and applicable voluntary consensus standards. 

This action does not involved 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 (Feb. 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 

26 
environmental effects of their programs, policies, and activities on minority populations and lowincome 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. This action 

allows the State of Rhode Island to implement equivalent state requirements in lieu of preexisting Federal requirements as applied only to halogenated solvent cleaning machines. As 

explained above, the state requirements contain standards that are at least equivalent to the 

federal standards; thus, we anticipate only a positive impact from this action . 

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 rule and other required information to the U.S . Senate, the 

U.S . House of Representatives, and the Comptroller General of the United States prior to 

publication of the rule in the Federal Register . 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 

27 
Approval of Section 112(I) Authority for Hazardous Air Pollutants : Rule Substitution : Rhode Island Department of Environmental Management; 

Halogenated Solvent Cleaning Regulations ; Page 28 of 31 

defined by 5 U.S .C. 804(2). This rule will be effective [INSERT DATE 60 DAYS FROM 

DATE OF PUBLICATION IN THE FEDERAL REGISTER) . 

List of Subjects in 40 CFR Part 63 

Environmental protection, Administrative practice and procedure, Air pollution control, 

Hazardous substances, Incorporation by reference, Intergovernmental relations, Reporting and 

record keeping requirements. 

AUTHORITY: This action is issued under the authority of section 112 of the Clean Air Act, as 

amended, 42 U.S.C. 7412 . 

G .~ a a ~%~ ~A 6- 

Dated: H. Curtis Spalding, 

Regional Administrator, 

EPA New England 
40 CFR part 63 is amended as follows: 

PART 63-[AMENDED] 

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

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

Subpart A - [Amended] 

2. Section 63 .14 is amended by adding paragraph (d)(9) to read as follows: 

§ 63.14 Incorporation by reference. 

(d) * * * 

(9) Rhode Island Department of Environmental Management regulations at Air 

Pollution Control Regulation No. 36, Control of Emissions from Organic Solvent 

Cleaning, effective April 8, 1996, last amended October 9, 2008, and Rhode Island Air 

Pollution Control, General Definitions Regulation, effective July 19, 2007, last amended 

October 9, 2008. Incorporation By Reference approved for § 63 .99(a)(40)(ii) of subpart 

E of this part . 
Subpart E-[Amended] 

3. Section 63.99 is amended by adding paragraph (a)(40) to read as follows : 

§ 63.99 Delegated Federal authorities. 

(a)* * * 

(40) Rhode Island . 

(i) [Reserved] 

(ii) Affected area sources within Rhode Island must comply with the Rhode Island 

Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as 

specified in § 63 .14) as described in paragraph (a)(40)(ii)(A) of this section: 

(A) The material incorporated into the Rhode Island Department of Environmental 

Management regulations at Air Pollution Control Regulation No. 36, Control of 

Emissions from Organic Solvent Cleaning, effective April 8, 1996, last amended October 

9, 2008, and Rhode Island Air Pollution Control, General Definitions Regulation, 

effective July 19, 2007, last amended October 9, 2008, pertaining to organic solvent 

cleaning facilities in the State of Rhode Island jurisdiction, and approved under the 

procedures in § 63 .93 to be implemented and enforced in place of the Federal NESHAP 

for Halogenated Solvent Cleaning Facilities (subpart T of this part), effective as of May 

3, 2007, except for continuous web cleaning machines as defined in § 63 .461 . 

(1) Authorities not delegated. 
(i) Rhode Island is not delegated the Administrator's authority to implement and 

enforce Rhode Island regulations at Air Pollution Control Regulation No. 36 and Rhode 

Island General Definitions Regulation in lieu of those provisions of subpart T of this part 

which apply to continuous web cleaning machines as defined in § 63 .461 . 

(B) [Reserved]