Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34647 

* * * * * 

[FR Doc. 2010–14766 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R01–OAR–2010–0207; A–1–FRL– 

9163–2] 

Approval of the Clean Air Act, Section 

112(l), 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(l) 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 August 17, 2010, unless EPA 

receives adverse comments by July 19, 

2010. 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 August 17, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0207 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

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

3. Fax: (617) 918–0653. 

4. Mail: ‘‘EPA–R01–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 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–R01–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 http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (‘‘CBI’’) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

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 

http://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 http:// 

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 


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34648 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 

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? 

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 

I. 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 

I. Background and Purpose 

Under CAA section 112(l), 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(l) 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 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. 

II. 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 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 


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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34649 

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. 

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 facilitywide emission limits, by December 2, 

1997, and new sources must be in 

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 facilitywide 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 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 remote-reservoir 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 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 


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34650 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 

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 10 ft/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 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 facility-wide 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 of HAP 

emissions in an operating permit. In no 

case shall emissions exceed the facilitywide 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 

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 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 


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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34651 

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 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(l) 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 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 August 

17, 2010 without further notice unless 

the Agency receives relevant adverse 

comments by July 19, 2010. 

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. 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 August 17, 2010 and no 

further 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 August 17, 2010. 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 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(l). 

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 seq. 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 pre-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 


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34652 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 

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-forprofit 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(l) 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. 

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. 

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 preexisting 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 Executive Order 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 Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 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 

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 

104–113, section 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 

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. 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. 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 


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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Rules and Regulations 34653 

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 

defined by 5 U.S.C. 804(2). This rule 

will be effective August 17, 2010. 

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. 

Dated: June 8, 2010. 

Ira W. Leighton, 

Acting 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. 

(ii) [Reserved] 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2010–14508 Filed 6–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1065 

Engine-Testing Procedures 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 1000 to End, revised as 

of July 1, 2009, on page 587, in 

§ 1065.340, reinstate paragraph (f)(6)(iii) 

to read as follows: 

§ 1065.340 Diluted exhaust flow (CVS) 

calibration. 

* * * * * 

(f) * * * 

(6) * * * 

(iii) The mean temperature at the 

venturi inlet, T ̄ in. 

* * * * * 

[FR Doc. 2010–14886 Filed 6–17–10; 8:45 am] 

BILLING CODE 1505–01–D 


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