National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning, 47670-47690 [06-6927]
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47670
Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2002–0009, FRL–8210–3]
RIN 2060–AK22
National Emission Standards for
Hazardous Air Pollutants: Halogenated
Solvent Cleaning
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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SUMMARY: The EPA is proposing revised
standards to limit emissions of
methylene chloride (MC),
perchloroethylene (PCE), and
trichloroethylene (TCE) from existing
and new halogenated solvent cleaning
machines. In 1994, EPA promulgated
technology-based emission standards to
control emissions of methylene chloride
(MC), perchloroethylene (PCE),
trichloroethylene (TCE), 1,1,1,trichloroethane (TCA), carbon
tetrachloride (CT), and chloroform from
halogenated solvent cleaning machines.
Pursuant to the Clean Air Act (CAA)
section 112(f), EPA has evaluated the
remaining risk to public health and the
environment following implementation
of the technology-based rule and is
proposing more stringent standards in
order to protect public health with an
ample margin of safety. The proposed
standards are expected to provide
further reductions of MC, PCE, and TCE
beyond the 1994 national emission
standards for hazardous air pollutants
(NESHAP), through application of a
facility-wide total MC, PCE, and TCE
emission standard. In addition, EPA has
reviewed the standards as required by
section 112(d)(6) of the CAA and has
determined that, taking into account
developments in practices, processes,
and control technologies, no further
action is necessary at this time to revise
the national emission standards. The
term ‘‘facility-wide’’ applies to facilities
with emissions associated with
halogenated solvent cleaning activities
only.
DATES: Comments. Comments must be
received on or before October 2, 2006.
Public Hearing. If anyone contacts
EPA requesting to speak at a public
hearing by August 28, 2006, a public
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hearing will be held approximately 15
days following publication of this notice
in the Federal Register.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2002–0009, by one of
the following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket,
EPA, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460. Please include a duplicate
copy, if possible. We request that a
separate copy of each public comment
also be sent to the contact person listed
below (see FOR FURTHER INFORMATION
CONTACT).
Hand Delivery: Air and Radiation
Docket, EPA, Room B–102, 1301
Constitution Ave., NW., Washington,
DC 20004. Such deliveries are only
accepted during the Docket’s normal
hours of operation and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2002–
0009. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be confidential
business information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov, or e-mail. The
https://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 https://
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
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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.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room B–102, 1301
Constitution Ave., NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
Public Hearing: If a public hearing is
held, it will be held at 10 a.m. at EPA’s
Environmental Research Center
Auditorium, Research Triangle Park,
NC, or at an alternate site nearby.
Mr.
H. Lynn Dail, Natural Resources and
Commerce Group (E143–03), Sector
Policies and Programs Division, EPA,
Research Triangle Park, NC 27711;
telephone number (919) 541–2363; fax
number (919) 541–3470, e-mail address:
dail.lynn@epa.gov. For questions on the
residual risk analysis, contact Mr.
Dennis Pagano, Sector Based
Assessment Group (C539–02), Health
and Environmental Impacts Division,
EPA, Research Triangle Park, NC 27711;
telephone (919) 541–0502; fax number
(919) 541–0840, e-mail address:
pagano.dennis@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulated Entities. The categories and
entities potentially regulated by the
proposed rule include:
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Category
NAICS 1 code
Examples of potentially regulated entities
Industry ................................
Any of numerous industries using halogenated solvent
cleaning, primary affected industries include those in
NAICS Codes beginning with: 331 (primary metal
man.), 332 (fabricated metal man.), 333 (machinery
man.), 334 (computer and electronic product man.),
335 (electrical equipment, appliance, and component
man.); 336 (transportation equipment man.); 337 (furniture and related products man.); and 339 (misc.
man.).
..........................................................................................
Operations at sources that are engaged in solvent
cleaning using MC, PCE, or TCE.
Federal, State, local, and
tribal government.
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1 North
Operations at sources that are engaged in solvent
cleaning using MC, PCE, or TCE.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by the proposed rule. This
proposal directs an owner or operator of
halogenated solvent cleaning facilities
to determine if whether the applicability
criteria in 40 CFR 63.460 of subpart T
(1994 national emission standards for
Halogenated Solvent Cleaning) remains
or whether these proposed standards
require the facility to operate under the
emission caps set forth. If you have any
questions regarding the applicability of
the proposed standards to a particular
entity, consult the person listed in the
preceding FOR FURTHER INFORMATION
CONTACT section.
Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information on a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
Public Hearing. Persons interested in
presenting oral testimony or inquiring
as to whether a public hearing is to be
held should contact Ms. Dorothy Apple,
Natural Resources and Commerce Group
(E143–03), Sector Policies and Programs
Division, EPA, Research Triangle Park,
NC 27711, telephone number: (919)
541–4487, e-mail address:
apple.dorothy@epa.gov , at least 2 days
in advance of the potential date of the
public hearing. Persons interested in
attending the public hearing also must
call Ms. Apple to verify the time, date,
and location of the hearing. A public
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hearing will provide interested parties
the opportunity to present data, views,
or arguments concerning the proposed
standards.
Worldwide Web (WWW). In addition
to being available in the docket, an
electronic copy of the proposed rule is
also available on the WWW through the
Technology Transfer Network (TTN).
Following signature, a copy of the
proposed rule will be posted on the
TTN’s policy and guidance page for
newly proposed or promulgated rules at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
Outline. The information presented in
this preamble is organized as follows:
I. Background
A. What is the statutory authority for
regulating hazardous air pollutants
(HAP)?
B. What is halogenated solvent cleaning?
C. What are the health effects of
halogenated solvents?
D. What does the 1994 halogenated solvent
cleaning NESHAP require?
II. Summary of Proposed Requirements for
New and Existing Major and Area
Sources
III. Rationale for the Proposed Rule
A. What is our approach for developing
residual risk standards?
B. How did we estimate residual risk?
1. How did we estimate the emission and
stack parameters for these sources?
2. How did we estimate the atmospheric
dispersion of the emitted pollutants?
3. How were cancer and non-cancer risks
estimated?
4. What factors are considered in the risk
assessment?
C. What are the results of the baseline risk
assessment?
D. What is our proposed decision on
acceptable risk?
E. What is our proposed decision on ample
margin of safety?
1. What risk reduction alternatives did EPA
evaluate?
2. What are the costs of the proposed
alternatives?
3. What regulatory options is EPA
proposing?
4. Rationale for Option 1
5. Rationale for Option 2
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6. Comparison of Option 1 and 2
F. What is EPA proposing pursuant to CAA
Section 112(d)(6)?
G. What is the rationale for the proposed
compliance schedule?
IV. Solicitation of Public Comments
A. Introduction and General Solicitation
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
I. Background
A. What is the statutory authority for
regulating hazardous air pollutants
(HAP)?
Section 112 of the CAA establishes a
two-stage regulatory process to address
emissions of hazardous air pollutants
(HAP) from stationary sources. In the
first stage, CAA section 112(d) calls for
us to promulgate national technologybased emission standards for categories
of sources that emit or have the
potential to emit any single HAP at a
rate of 10 tons or more per year or any
combination of HAP at a rate of 25 tons
or more per year (known as ‘‘major
sources’’), as well as for certain ‘‘area
sources’’ emitting less than those
amounts. For major sources, these
technology-based standards must reflect
the maximum reductions of HAP
achievable (after considering cost,
energy requirements, and non-air health
and environmental impacts) and are
commonly referred to as maximum
achievable control technology (MACT)
standards.
For area sources, CAA section
112(d)(5) provides that the standards
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may reflect generally available control
technology or management practices in
lieu of MACT, and are commonly
referred to as generally available control
technology (GACT) standards.
CAA section 112(d)(6) then requires
EPA to review these technology-based
standards and to revise them ‘‘as
necessary, taking into account
developments in practices, processes
and control technologies,’’ no less
frequently than every 8 years.
The second stage in standard-setting
is described in section 112(f) of the
CAA. EPA prepared a Report to
Congress discussing (among other
things) methods of calculating risk
posed (or potentially posed) by sources
after implementation of the MACT
standards, the public health significance
of those risks, the means and costs of
controlling them, actual health effects to
persons in proximity to emitting
sources, and recommendations as to
legislation regarding such remaining
risk. The EPA prepared and submitted
this report (‘‘Residual Risk Report to
Congress,’’ EPA–453/R–99–001) in
March 1999. The Congress did not act
on any of the recommendations in the
report; thereby, triggering the second
stage of the standard-setting process, the
residual risk phase.
CAA section 112(f)(2) requires us to
determine for each CAA section 112(d)
source category whether the MACT
standards protect public health with an
ample margin of safety. If the MACT
standards for HAP ‘‘classified as a
known, probable, or possible human
carcinogen do not reduce lifetime excess
cancer risks to the individual most
exposed to emissions from a source in
the category or subcategory to less than
1-in-a-million,’’ EPA must promulgate
residual risk standards for the source
category (or subcategory) as necessary to
provide an ample margin of safety. The
EPA must also adopt more stringent
standards to prevent an adverse
environmental effect (defined in CAA
section 112(a)(7) as ‘‘any significant and
widespread adverse effect * * * to
wildlife, aquatic life, or natural
resources * * *.’’), but must consider
cost, energy, safety, and other relevant
factors in doing so.
B. What is halogenated solvent
cleaning?
Halogenated solvent cleaning
machines use halogenated solvents
(methylene chloride, perchloroethylene,
trichloroethylene, 1,1,1,-trichloroethane,
carbon tetrachloride, and chloroform),
halogenated solvent blends, or their
vapors to remove soils such as grease,
oils, waxes, carbon deposits, fluxes, and
tars from metal, plastic, fiberglass,
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printed circuit boards, and other
surfaces. Halogenated solvent cleaning
is typically performed prior to processes
such as painting, plating, inspection,
repair, assembly, heat treatment, and
machining. Types of solvent cleaning
machines include, but are not limited
to, batch vapor, in-line vapor, in-line
cold, and batch cold solvent cleaning
machines. Buckets, pails, and beakers
with capacities of 7.6 liters (2 gallons)
or less are not considered solvent
cleaning machines.
Halogenated solvent cleaning does not
constitute a distinct industrial category,
but is an integral part of many major
industries. The five 3-digit NAICS Code
that use the largest quantities of
halogenated solvents for cleaning are
NAICS 337 (furniture and related
products manufacturing), NAICS 332
(fabricated metal manufacturing),
NAICS 335 (electrical equipment,
appliance, and component
manufacturing), NAICS 336
(transportation equipment
manufacturing), and NAICS 339
(miscellaneous manufacturing).
Additional industries that use
halogenated solvents for cleaning
include NAICS 331 (primary metals),
NAICS 333 (machinery), and NAICS 334
(electronic equipment manufacturing).
Non-manufacturing industries such as
railroad (NAICS 482), bus (NAICS 485),
aircraft (NAICS 481), and truck (NAICS
484) maintenance facilities; automotive
and electric tool repair shops (NAICS
811); and automobile dealers (NAICS
411) also use halogenated solvent
cleaning machines. We estimated that
there were approximately 16,400 batch
vapor, 8,100 in-line, and perhaps as
many as 100,000 batch cold cleaning
machines in the U.S. prior to
promulgation of the MACT standards.
More recent information shows that the
current number of cleaning machines is
much lower than these pre-MACT
estimates. We currently estimate the
number of sources in this source
category to be about 3,800 cleaning
machines located at 1,900 facilities in
the U.S. This estimate is based on
information we collected in 1998, a year
after compliance with the MACT
occurred, and should reflect the
decreases in HAP emissions and
demand that were expected due to
implementation of MACT control
technologies and work practice
standards. Recent evidence on solvent
usage suggests that the number of
sources in the source category may have
declined further in the post-MACT
implementation years. An analysis of
market data for halogenated solvents
showed that the demand for degreasing
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solvents declined substantially in the 5
years following the implementation of
MACT. From 1998 to 2003, the demand
for PCE, TCE, MC, and TCA for
degreasing decreased by 39 percent, 35
percent, 23 percent, and 15 percent,
respectively. The halogenated solvents
carbon tetrachloride and chloroform are
no longer used in this source category.
The Montreal Protocol, a treaty signed
on September 16, 1987, phased-out the
production and consumption of these
chlorofluorocarbons by January 1, 1996.
The Protocol also phased out TCA. TCA
has not been manufactured for domestic
use in the United States since January
1, 2002. Facilities with essential
products or activities are allowed to
continue their use of TCA, but for
facilities with non-essential activities or
products, they were allowed to use
remaining TCA stockpiles until
depleted.
There are two basic types of solvent
cleaning machines: Batch cleaners and
in-line cleaners. Both cleaner types can
be designed to use either solvent at
room temperature (cold cleaners) or
solvent vapor (vapor cleaners). The vast
majority of halogenated solvent use is in
vapor cleaning, both batch and in-line.
The most common type of batch cleaner
that uses halogenated solvent is the
open-top vapor cleaner (OTVC).
Batch cleaning machines, which are
the most common type, are defined as
a solvent cleaning machine in which
individual parts or sets of parts move
through the entire cleaning cycle before
new parts are introduced. Batch
cleaning machines include cold and
vapor machines. In batch cold cleaning
machines, the material being cleaned
(i.e., the workload) is immersed,
flushed, or sprayed with liquid solvent
at room temperature. Most batch cold
cleaners are small maintenance cleaners
(e.g., carburetor cleaners) or parts
washers that often use non-HAP solvent
mixtures for cleaning. Batch cold
cleaning equipment sometimes includes
agitation to improve cleaning efficiency.
In batch vapor cleaning machines,
parts are lowered into an area of dense
vapor solvent for cleaning. The most
common type of batch vapor cleaner is
the open-top vapor cleaner. Heating
elements at the bottom of the cleaner
heat the liquid solvent to above its
boiling point. Solvent vapor rises in the
machine to the height of chilled
condensing coils on the inside walls of
the cleaner. The condensing coils cool
the vapor causing it to condense and
return to the bottom of the cleaner.
Cleaning occurs in the vapor zone above
the liquid solvent and below the
condensing coils, as the hot vapor
solvent condenses on the cooler
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workload surface. The workload or a
parts basket is lowered into the heated
vapor zone with a mechanical hoist.
Batch vapor cleaning machines vary
greatly in size and design to suit
applications in many industries. Batch
vapor cleaner sizes are defined by the
area of the solvent/air interface.
Emissions from batch cold cleaning
machines result from evaporation of
solvent from the solvent/air interface
‘‘carry out’’ of excess solvent on cleaned
parts, and other evaporative losses such
as those that occur during filling and
draining. Evaporative emissions from
the solvent/air interface are continual
whether or not the machine is in use.
These evaporative losses can be reduced
by limiting air movement over the
solvent/air interface (e.g., with a
machine cover or by reducing external
drafts) or by limiting the area of solvent
air interface (e.g., with a floating water
layer). Emissions related to solvent carry
out occur only when the cleaning
machine is in use. Carry out emissions
may be substantial, especially if excess
solvent is not allowed to drain back into
the machine. Carry out includes solvent
film remaining on flat workload surfaces
and liquid pooled in cavities. Factors
affecting the amount of carry out loss
include the speed of parts movement,
workload shapes and materials, and
work practices (e.g., turning over parts
to drain cavities).
The closed-loop cleaning system is a
type of batch cleaner with a closed
system capable of reusing solvent. Parts
are placed inside a vacuum chamber.
Vapor or liquid solvent is pumped in
the chamber to clean the parts. Once
cleaned, the parts are dried under
vacuum and removed; the solvent is
removed and recycled. Because these
systems are constructed to maintain a
vacuum, they have the potential to
reduce emissions up to 97 percent.
Cold and vapor in-line (i.e.,
conveyorized) cleaning machines,
which include continuous web cleaners,
employ automated parts loading and are
used in applications where there is a
constant stream of parts to be cleaned.
In-line cleaners usually are used in
large-scale industrial operations (e.g.,
auto manufacturing) and are customdesigned for specific workload and
production characteristics (e.g.,
workload size, shape, and production
rate). In-line cleaners clean parts using
the same general techniques used in
batch cleaners: cold in-line cleaners
spray or immerse parts in solvent, and
vapor in-line cleaners clean parts in a
zone of dense vapor solvent.
Emissions from cold and vapor in-line
cleaning machines result from the same
mechanisms (e.g., evaporation,
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diffusion, carryout) that cause emissions
from cold and vapor batch cleaning
machines. However, the emission points
for in-line cleaners are different from
those for batch cleaners because of
differences in machine configurations.
In-line cleaning machines are semienclosed above the solvent/air interface
to control solvent losses. In most cases,
the only openings are the parts entry
and exit ports. These openings are the
only emissions points for downtime and
idling modes. Carryout emissions add to
emissions during the working mode.
Idling and working mode emissions
from the in-line cleaner are significantly
less than emissions from an equallysized batch vapor cleaner. However, inline cleaners tend to be much larger
than batch vapor cleaners. Some in-line
cleaners have exhaust systems that
pump air from inside the cleaning
machine to an outside vent. Exhaust
systems for in-line cleaners reduce
indoor emissions from the cleaning
machine but increase solvent
consumption.
Continuous cleaners are a subset of
in-line cleaners and are used to clean
products such as films, sheet metal, and
wire in rolls or coils. The workload is
uncoiled and conveyorized throughout
the cleaning machine at speeds in
excess of 11 feet per minute and
recoiled or cut as it exits the machine.
Emission points from continuous
cleaners are similar to emission points
from other inline cleaners. Continuous
cleaners are semi-enclosed, with
emission points where the workload
enters and exits the machine. Squeegee
rollers reduce carry out emissions by
removing excess solvent from the
exiting workload. Some continuous
machines have exhaust systems similar
to those used with some other in-line
cleaners.
C. What are the health effects of
halogenated solvents?
Methylene chloride,
perchloroethylene, 1,1,1,trichloroethylene (TCA), and
trichloroethylene are the primary
halogenated solvents used for solvent
cleaning. Carbon tetrachloride and
chloroform are no longer used as
degreasing solvents. Therefore, their
health effects are not discussed in this
section. The four solvents still in use are
described below. All four produce acute
and/or chronic non-cancer health effects
at sufficient concentrations; three of the
four have been classified as probable or
possible human carcinogens by either
EPA or other governmental or
international agencies.
Methylene chloride is predominantly
used as a solvent. The acute effects of
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methylene chloride inhalation in
humans consist mainly of central
nervous system effects including
decreased visual, auditory, and motor
functions that may occur at or above 1hour exposures of 690 mg/m3, but these
effects are reversible once exposure
ceases. The effects of chronic exposure
to methylene chloride suggest that the
central nervous system is a potential
target in humans and animals. ATSDR
estimates that no adverse noncancer
effects are likely in human populations
chronically exposed at or below 1 mg/
m3. Human studies are inadequate
regarding methylene chloride and
cancer. However, animal studies have
shown significant increases in liver and
lung cancer and benign mammary gland
tumors following the inhalation of
methylene chloride. On this basis, EPA
classified methylene chloride as a
Group B2, probable human carcinogen,
with a cancer unit risk estimate (URE)
of 4.7 × 10¥7 (µg/m3)¥1, when assessed
under the previous 1986 Cancer
Guidelines. EPA is currently reassessing
its potential toxicity and
carcinogenicity. All activities related to
this chemical reassessment are expected
to be complete in late 2007.
Perchloroethylene (PCE or
tetrachloroethylene) is widely used for
dry-cleaning fabrics and metal
degreasing operations. The main effects
of PCE in humans are neurological,
liver, and kidney damage following
acute (short-term) and chronic (longterm) inhalation exposure. The results
of epidemiological studies evaluating
the relative risk of cancer associated
with PCE exposure have been mixed;
some studies reported an increased
incidence of a variety of tumors, while
other studies did not report any
carcinogenic effects. Animal studies
have reported an increased incidence of
liver cancer in mice, via inhalation and
gavage (experimentally placing the
chemical in the stomach), and kidney
and mononuclear cell leukemia in rats.
Although PCE has not yet been
reassessed under the Agency’s recently
revised Guidelines for Cancer Risk
assessment, it was considered in one
review by the EPA’s Science Advisory
Board to be intermediate between a
‘‘probable’’ and ‘‘possible’’ human
carcinogen (Group B/C) when assessed
under the previous 1986 Guidelines.
Since that time, the U.S. Department of
Health and Human Services has
concluded that PCE is ‘‘reasonably
anticipated to be a human carcinogen,’’
and the International Agency for
Research on Cancer has concluded that
PCE is ‘‘probably carcinogenic to
humans.’’
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Effects other than cancer associated
with long-term inhalation of PCE in
worker or animal studies include
neurotoxicity, liver and kidney damage,
and, at higher levels, developmental
effects. To characterize noncancer
hazard in lieu of the completed
Integrated Risk Information System
(IRIS) assessment, which is being
revised, we used the Agency for Toxic
Substances and Disease Registry’s
(ATSDR) Minimum Risk Level (MRL).
This value is based on a study of
neurological effects in workers in dry
cleaning shops, and is derived in a
manner similar to EPA’s method for
derivation of reference concentrations,
including scientific and public review.
Based on these effects, EPA estimates
that no adverse noncancer effects are
likely in human populations chronically
exposed at or below 0.27 mg/m3.
The Agency’s IRIS chemical
assessment for PCE is currently being
revised. The current schedule indicates
that a final IRIS determination on PCE
is not expected until 2008 at the earliest.
Because EPA has not yet issued a final
IRIS document for PCE, to estimate
cancer risk, we used the California EPA
(CalEPA) unit risk estimate (URE) of
5.9 × 10¥6 (ug/m3)¥1, as well as a URE
value developed by the EPA’s Office of
Prevention, Pesticides and Toxic
Substances (OPPTS) of 7.1 × 10¥7 (ug/
m3)¥1. The final IRIS reassessment may
result in a URE that is different from
these two values. Among the available
Acute Reference Levels (ARL), the onehour California Reference Exposure
Level (a REL value of 240 mg/m3) was
considered the most appropriate to use
in the assessment because it may be
used to characterize acute risk for
exposure with an exposure duration of
one hour.
Most of the trichloroethylene (TCE)
used in the United States is released
into the atmosphere from industrial
degreasing operations. Acute and
chronic inhalation exposure to
trichloroethylene can affect the human
central nervous system, with symptoms
such as dizziness, headaches, confusion,
euphoria, facial numbness, and
weakness. Liver, kidney,
immunological, endocrine, and
developmental effects have also been
reported in humans. Acute effects may
occur at or above 1-hour exposures of
700 mg/m3. CalEPA estimates that no
adverse noncancer effects are likely in
human populations chronically exposed
at or below 0.6 mg/m3. Animal studies
have reported statistically significant
increases in kidney, lung, liver, and
testicular tumors. EPA classified
trichloroethylene in Group B2/C, an
intermediate between a probable and
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possible human carcinogen, when
assessed under the previous 1986
Cancer Guidelines, but this
classification has been withdrawn.
CalEPA has derived a cancer URE of
2.0 × 10¥6 (ug/m3)¥1 for TCE, which we
used for our cancer risk assessment.
EPA is currently reassessing the cancer
classification of trichloroethylene.
In 1999, TCA was used as a solvent
for degreasing up until it was phased
out in 2002. CalEPA estimates that no
adverse noncancer effects are likely in
human populations chronically exposed
to TCA at or below 1 mg/m3. EPA
classified TCA in Group D, not
classifiable as to human carcinogenicity,
when assessed under the previous 1986
Cancer Guidelines. EPA is currently
reassessing its potential toxicity (related
to chronic and less-than-lifetime
exposures). All activities related to
chemical reassessment are expected to
be complete in 2007. Although
production and use of TCA has been
phased-out since 1998, a declining
quantity of TCA continued to be used
until 2002, when all production of TCA
ceased, and eventually, facilities used
TCA stock-piles until depleted.
However, an exemption to the phase-out
allows a few specialized facilities with
essential activities or products to
continue its use of TCA. TCA was
profiled in the noncancer chronic risk
assessment.
The OPPTS toxicity profile for
perchloroethylene (PCE) is published in
an EPA publication entitled, Cleaner
technologies substitutes assessment:
professional fabricare processes. U.S.
EPA Office of Pollution Prevention and
Toxics, Washington DC. EPA 744–B–
98–001; June 1998. Complete toxicity
profiles for the four HAPs may be
obtained from the following Web sites:
EPA’s OPPTS Web site for
perchloroethylene at https://
www.epa.gov/dfe/pubs/garment/ctsa/
fabricare.pdf; California EPA’s Web site
at https://www.oehha.ca.gov/air/
hot_spots/; and the Agency
for Toxic Substances and Disease
Registry’s Web site at https://
www.atsdr.cdc.gov/toxpro2.html. Status
reports for IRIS chemical reassessments
are available at https://cfpub.epa.gov/
iristrac/index.cfm.
D. What does the 1994 halogenated
solvent cleaning NESHAP require?
We promulgated national emission
standards for halogenated solvent
cleaning (59 FR 61805, December 2,
1994) and required existing sources to
comply with the national emission
standards by December 2, 1996. The
halogenated solvent cleaner NESHAP
requires batch vapor solvent cleaning
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machines and in-line solvent cleaning
machines to meet emission standards
reflecting the application of the
maximum achievable control
technology for major and area sources;
area source batch cold cleaning
machines are required to achieve
generally available control technology.
The rule regulates the emissions of the
following halogenated HAP solvents:
MC, PCE, TCE, TCA, CT, and
chloroform. In 1999, MC, PCE, TCE and
TCA were the primary halogenated
solvents used for solvent cleaning.
Although production and use of TCA
has been phased-out since 1998, a
declining quantity of TCA continued to
be used until 2002, with either facilities
depleting existing stockpiles past 2002
or facilities with essential products or
activities continuing use of TCA. CT
and chloroform are no longer used as
degreasing solvents.
The promulgated standard includes
multiple alternatives to allow owners or
operators maximum compliance
flexibility. These alternatives include:
• Control equipment standards—As
many as 10 combinations of emission
control equipment, such as freeboard
refrigeration devices and working-mode
covers may be installed.
• Idling-mode emissions standards—
Compliance may be demonstrated by
maintaining monthly emission rates
during the idling mode below specified
standards.
• Overall emission standards—
Solvent use and disposal records may be
used to calculate average monthly
emissions, which must remain below
specified numerical limits.
If an owner or operator of a batch
vapor or in-line cleaning machine elects
to comply with the equipment standard,
they must install one of the control
combinations listed in the regulation,
use an automated parts handling system
to process all parts, and follow multiple
work practices. As an alternative to
selecting one of the equipment control
combinations listed in the regulation, an
owner or operator may demonstrate that
the batch vapor or in-line cleaning
machine can meet the idling mode
emission limit specified in the
standards. In addition to maintaining
this idling mode emission limit, the
owner or operator of a batch vapor or inline solvent cleaning machine must use
an automated parts handling system to
process all parts and comply with the
work practice standards. A third
alternative for complying with these
standards is to comply with the overall
solvent emissions limit. An owner or
operator complying with the overall
solvent emissions limit is required to
ensure that the emissions from each
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solvent cleaning machine are less than
or equal to the solvent emission levels
specified in the standard. Under this
alternative standard, an owner or
operator is not required to use an
automated parts handling system or to
comply with the work practice
standards.
The batch cold cleaning machine
standard is an equipment standard.
However, those owners or operators
choosing the equipment options without
the water layer must also comply with
work practice requirements. There is no
idling standard or overall solvent
emissions standard for batch cold
cleaning machines. Batch cold cleaning
machines located at non-major sources
are exempt from Title V permit
requirements.
The halogenated solvent cleaning
NESHAP was estimated to reduce
nationwide emissions of hazardous air
pollutants (HAP) from halogenated
solvent cleaning machines by 77,400
Mg/yr (85,300 tons per year) or 63
percent by 1997 compared to the
emissions that would result in the
absence of the standards.
II. Summary of the Proposed
Requirements for New and Existing
Major and Area Sources
Under the proposed standards, the
requirements for all new and existing,
major and area sources are the same. In
addition to the MACT standard, the
proposed revisions would require each
facility to comply with a facility-wide
solvent emission limit. As defined by
this proposed rule, ‘‘facility-wide
solvent emissions’’ are the combined
emissions of PCE, TCE, and MC from all
of a facility’s solvent cleaning machines
that are subject to the 1994 MACT
standards (40 CFR Part 63, subpart T).
Under CAA section 112(f), EPA has the
discretion to impose residual risk
standards on area sources regulated
under generally available control
technologies (GACT). The area sources
subject to GACT in the halogenated
solvent cleaning source category would
not be subject to today’s proposed
standards. These sources are cold batch
cleaners.
The proposed rule would require the
owner or operator of each facility to
ensure that their facility-wide solvent
emissions from all halogenated solvent
cleaning activities are less than or equal
to the solvent emission limits specified
in the proposed options and
summarized in Table 1 of this preamble.
This approach gives the owner or
operator of the facility the flexibility to
choose any means of reducing the
facility-wide emissions of PCE, TCE,
and MC to comply with facility-wide
47675
emission limit. The proposed options
are in addition to the existing NESHAP
requirements and, therefore, all
requirements of the existing NESHAP
remain in place.
Table 1 shows two sets of facilitywide emission limits—option 1 and
option 2. We are co-proposing both of
these options and are soliciting
comment on which of these two options
is most appropriate. As can be seen in
Table 1 of this preamble, each
halogenated solvent has an associated
facility-wide emission limit. These
limits are for facilities that emit only a
single halogenated solvent. If more than
one halogenated solvent is used, the
owner or operator of the facility must
calculate the facility’s weighted
halogenated solvent cleaning emissions
using equation 1 and comply with the
limit in the last row of Table 1 of this
preamble. Note that, depending on
whether the CalEPA URE or the OPPTS
URE for PCE is used to derive the PCE
limit, that limit may be lower or higher.
We request comment on the use of the
CalEPA URE, the OPPTS URE, or some
other value in deriving the PCE
emission limit for the final rule.
TABLE 1.—SUMMARY OF THE PROPOSED FACILITY-WIDE ANNUAL EMISSION LIMITS
Proposed facilitywide annual emission limits in kg—
option 1
Solvents emitted
PCE only ..................................................................................................................................................
TCE only ..................................................................................................................................................
MC only ....................................................................................................................................................
Multiple solvents—Calculate the MC-weighted emissions using equation 1 ..........................................
a PCE
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b PCE
Proposed facilitywide annual emission limits in kg—
option 2
a 3,200 b (26,700)
a 2,000 b (16,700)
10,000
40,000
40,000
6,250
25,000
25,000
emission limit calculated using CalEPA URE.
emission limit calculated using OPPTS URE.
Equation 1:
(kgs of PCE emissions × A) + (kgs of
TCE emissions × B) + (kgs of MC
emissions) = Weighted Emissions in
kgs
We developed a method for facilities
using multiple HAP solvents to
determine their emission limit by
calculating their MC-equivalent
emissions using the toxicity-weighted
equation above. In the equation, the
facility emissions of PCE and TCE are
weighted according to their
carcinogenic potency relative to that of
MC. Thus, ‘‘A’’ in the equation is the
ratio of the URE for PCE to the URE for
MC, and the ‘‘B’’ in the equation is the
ratio of the URE for TCE to the URE for
MC. The value of ‘‘A’’ is either 1.5 or
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12.5, depending on whether we use the
OPPTS URE or the CalEPA URE for PCE.
The value for ‘‘B’’ is 4.25. We believe
there may be other approaches to
arriving at emissions alternatives for
multiple HAP use and we request
comment on the use of the MCequivalency method, or other possible
calculation methods that we should
consider, when establishing emission
limits for facilities using more than one
of the listed HAP solvents. We also
request comment on whether the OPPTS
URE, the CalEPA URE or some other
value should be used in the
implementation of the emission cap
chosen for the final rule.
Compliance with the emission limit is
demonstrated by determining the
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annual PCE, TCE, and MC emissions for
all cleaning machines at the facility.
There is no additional equipment
monitoring or work practice
requirements associated with the
facility-wide annual emissions limit.
Annual emissions of these HAP are
determined based on records of the
amounts and dates of the solvents added
to cleaning machines during the year,
the amounts and dates of solvents
removed from cleaning machines during
the year, and the amounts and dates of
the solvents removed from cleaning
machines in solid waste. Records of the
calculation sheets showing how the
annual emissions were determined must
be maintained. A facility will determine
compliance with the standards by
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comparing their annual MC-equivalent
emissions versus the level in the final
rule.
We believe owners and operators
currently have information available to
immediately determine if they would be
in compliance with today’s proposed
emissions limits. Current recordkeeping
requirements in 40 CFR subpart T
section 63.467 require each owner and
operator of solvent cleaning machines to
maintain, for 5 years, estimates of
solvent content and annual solvent
consumption for each solvent cleaning
machine and any calculations showing
how monthly emissions or 3-month
rolling average emissions were
calculated. Moreover, current reporting
requirements in 40 CFR subpart T
Section 63.468 include an initial
notification report, an initial statement
of compliance report, annual
compliance reports, and an exceedance
report (required only when an
exceedance occurs). In the initial
notification report, owners and
operators disclose an estimate of the
annual halogenated HAP solvent
consumption for each solvent cleaning
machine. Furthermore, owners and
operator submit annual reports that
contain estimates of their solvent
consumption for each solvent cleaning
machine used during the period.
We believe that there are multiple
ways in which facilities could comply
with the proposed rule. Our analysis
also shows that some affected facilities
can easily reduce emissions and risks
through solvent switching. Solvent
switching, in this case, is switching
from a high risk solvent to one with
lower health risks. Facilities can also
reduce emissions by reducing solvent
use, and by using careful work practices
and traditionally available control
options to further reduce emissions.
Increased diligence in controlling lids,
installing freeboard chillers, increased
drying times, installing closed loop
systems, and increasing the freeboard
ratio would allow the higher emitting
higher risk facilities to achieve
compliance with this proposed
standard. The available information
indicates that solvent switching, vapor
capture, maintenance, reduced solvent
use and limiting cleaning runs would be
the primary components of any small
decrease in costs.
In summary, we are proposing two
options that cap facility-wide emissions
at 40,000 and 25,000 kg/yr calculated as
MC-equivalents.
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III. Rationale for the Proposed Rule
A. What is our approach for developing
residual risk standards?
Section 112(f)(2)(A) of the CAA states
that if the MACT standards for a source
emitting a:
‘‘* * * known, probable, or possible
human carcinogen do not reduce lifetime
excess cancer risks to the individual most
exposed to emissions from a source in the
category * * * to less than 1-in-a-million,
the Administrator shall promulgate [residual
risk] standards * * * for such source
category.’’
Halogenated solvent cleaning
facilities subject to the proposed
amendments emit known, probable, and
possible human carcinogens. The docket
for today’s proposed rule contains
documentation of the EPA’s
determination that the risk to the
individual most exposed to emissions
from halogenated solvent cleaning is
expected to exceed 1-in-a-million. Even
if we were to quantitatively consider the
uncertainty and variability in the
exposure and modeling assumptions
used to derive our estimate of the risk
to the individual most exposed, such an
analysis is unlikely to change any
decisions that would be made based on
that level of risk.
Following our initial determination
that the individual most exposed to
emissions from the source category
considered exceeds a 1-in-a-million
individual cancer risk, our approach to
developing residual risk standards is
based on a two-step determination of
acceptable risk and ample margin of
safety. We followed the Benzene
NESHAP approach in making CAA
section 112(f) residual risk
determinations.1 Our approach for this
source category is the same approach
outlined in the National Emission
Standards for the Benzene NESHP Final
Rule, (54 FR 38044, September 14, 1989.
B. How did we estimate residual risk?
The EPA’s ‘‘Residual Risk Report to
Congress’’ (EPA–453/R–99–011)
provides the general framework for
conducting risk assessments to support
decisions made under the residual risk
program. The approach used to assess
the risks associated with our
halogenated solvent cleaning facilities is
1 This is confirmed by the Legislative History to
CAA Section 112(f); see, e.g., ‘‘A Legislative History
of the Clean Air Act Amendments of 1990,’’ vol. 1,
page 877 (Senate Debate on Conference Report)
‘‘stating that: * * * the managers intend that the
Administrator shall interpret this requirement [to
establish standards reflecting an ample margin of
safety] in a manner no less protective of the most
exposed individual than the policy set forth in the
‘‘Residual Risk Report to Congress, March 1999.
EPA–453/R–99–001, p. ES–11)’’.
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consistent with the technical approach
and policies described in the Residual
Risk Report to Congress. Details of the
risk assessment performed in support of
this proposal are presented below and
provided in the risk document in the
rulemaking docket.
1. How did we estimate the emission
and stack parameters for these sources?
Three sources of data were used to
characterize the source category for the
residual risk assessment: EPA’s 1999
National Emissions Inventory (NEI)
database; a sample of MACT compliance
reports obtained from states and EPA
regions; and information compiled from
Clean Air Act Title V permits. Together,
these sources provided data for 2,672
unique cleaning machines at 1,167
unique facilities. The 1,167 facilities
represent approximately 61 percent of
the 1,900 total facilities estimated to be
in the source category.
The majority of the data,
approximately 90 percent, were
obtained from the 1999 NEI database,
(i.e., the NEI provided data on 1,093
facilities). The types of data obtained
from the NEI database include machine
type (from SCC codes and unit
descriptions), HAP emissions data, and
stack characteristics. The compliance
reports collected for the residual risk
assessment provided information for
195 cleaning machines at 96 facilities.
The types of data obtained from the
compliance report include machine
types, machines sizes, solvent
consumption rates, HAP emissions data,
compliance options, and control
equipment choices. We gathered
machine-specific data for continuous
web cleaning machines from Title V
permits and other sources. These data,
which included 74 cleaning machines at
seven facilities, were added to the
cleaning machine data obtained from
compliance reports.
Halogenated solvent cleaning
machines are co-located with many and
diverse types of industries. An analysis
of MACT source category codes in the
1999 NEI data found that approximately
74 percent of the 1,093 halogenated
solvent cleaning sources in our database
are co-located with at least one other
source category. Approximately 80
percent of the halogenated solvent
emissions from solvent cleaning
machines occurred at facilities where
other source categories appeared to be
co-located. However, because of the
diversity of co-located source categories,
this risk assessment evaluated the
emissions coming from the degreasing
operations only and did not consider
emissions of HAPs that were identified
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for co-located, non-degreasing
operations.
The residual risk assessment used
HAP emissions data from the
assessment database described above,
(i.e., the 1,167 facilities). These data
were used to estimate the baseline
residual risks for the facilities in the
category and to evaluate regulatory
options developed to look at further
HAP emission reductions. Nearly all of
the data reflects actual emissions
(details of how EPA estimated emissions
are discussed in the Risk Assessment for
Halogenated Solvent Cleaning Source
Category {Risk Assessment Support
Document} located in the docket for this
proposed rulemaking). In the few
instances where we had the data to
estimate the MACT allowable emissions
and to compare those estimates with the
emissions reported in NEI, the allowable
emissions were, on average, a factor of
2 higher.
Compliance with the 1994 MACT is
accomplished using one of three
compliance options. Only two of the
compliance options are based on a
numerical limit and would allow
estimates of MACT allowable emissions
to be calculated if information on
machine size were available. For these
compliance options, allowable emission
rates may exceed actual emissions. For
the control equipment compliance
option which does not include a
numerical emission limit, allowable
emissions cannot be estimated but could
be considered equivalent to actual
emissions. Approximately 58 percent of
the facilities in our assessment (i.e.,
those using the control equipment
compliance option) would fall into this
category.
Data obtained from MACT
compliance reports required processing
to prepare emissions rates for use in the
residual risk assessment. The types of
data and level of detail in the
compliance reports varied depending
upon which of the three MACT
compliance options were chosen, the
specific report type available (e.g.,
initial notification report, annual
compliance reports) available, and the
report format. To use as much of the
available information as possible,
emission rate estimation methods were
developed for various combinations of
available data (see Appendix A in the
Risk Assessment Support Document for
details). These methods were used to
estimate actual emissions rates for each
cleaning machine. If more than one
machine existed at a facility, the
machine-level emission estimates were
added together to yield facility-level
totals.
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NEI provides emission data for each
HAP and emission point at a source and
are reported in kilograms per year. For
the residual risk assessment, NEI
emission rates were used as obtained
from NEI. No further processing of the
data (e.g., to standardized units) was
needed. However, total facility-level
emissions were calculated for each HAP
when sources had multiple degreasing
emission points (i.e., multiple
degreasing machines).
To fully represent the national
coverage of these sources, we scaled
results from the 1,167 facilities
identified in our assessment database to
the 1,900 facilities currently estimated
to be in the source category. When this
was done, the total estimated HAP
emissions from the source category were
approximately 16,000 tons per year.
These emissions consist of 38 percent
TCA, 35 percent TCE, 15 percent PCE,
and 12 percent MC. The total estimated
carcinogenic HAP emissions (MC, TCE
and PCE) from the source category are
approximately 9,700 tons/year.
MC emissions in 1999 were just over
1,300 tons from about 218 facilities,
while in 2002, about 400 tons were
emitted from 194 facilities, representing
about a 70 percent decrease in
emissions. About 11 percent of facilities
using MC in 1999 ceased using MC or
ceased degreasing operations altogether.
In 1999, TCE emissions were 3,000
tons from about 320 facilities. In 2002,
TCE emissions had decreased 24
percent to 2,300 tons; however, the
number of facilities using TCE increased
10 percent to 357.
In 1999, PCE emissions were
estimated at about 1,300 tons from about
200 facilities, however by 2002, PCE
emissions had increased approximately
73 percent to about 2,200 tons. There
was a 10 percent drop in the number of
facilities using PCE in 2002.
In 1999, about 3,700 tons of TCA were
emitted from about 565 facilities. In
2002, TCA emissions were about 2,300
tons from 473 facilities, representing a
38 percent decrease in emissions and a
16 percent decrease in facilities using
TCA.
In 1991, TCA dominated use with 62
percent of the halogenated solvent
degreasing demand. By 1998, the
demand for TCA had decreased by 87
percent. In a critical period between
1991 and 2002, TCA was being phased
out while remaining stock-piles at
facilities with non-essential activities
were being used until depleted. In the
2002 NEI, there were decreases in
emissions of TCA, MC and TCE (by
about 1,400 tons, 900 tons, and 700
tons, respectively) compared to 1999
NEI). From 1999 to 2002, emissions of
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47677
PCE increased 73 percent (by about 900
tons). Overall emissions data for the
total of all four HAP from 1999 to 2002
indicated a 23 percent reduction in total
emissions and an 8 percent decrease in
the number of facilities.
Therefore, although it appears that
between 1999 and 2002, decreases in
use of TCA, MC and TCE were partially
offset by increases in PCE use. This was
due to switching HAP solvents,
switching to other non-HAP cleaning
technologies, and elimination of solvent
cleaning altogether.
2. How did we estimate the atmospheric
dispersion of emitted pollutants?
A nationwide, multi-facility version
of EPA’s Human Exposure Model, HEMScreen, was used to assess chronic
exposure and risk. HEM-Screen contains
an atmospheric dispersion model with
meteorological data and year 2000
population data at the census block
level from the U.S. Bureau of Census.
HEM-Screen includes meteorological
data for 348 stations across the U.S. The
model selects the meteorological data
for the station closest to each facility
and uses this to estimate long-term (i.e.,
annual average or greater) ambient
concentrations of pollutant air
emissions for nodes on a radial grid
surrounding each facility. HEM-Screen
then estimates concentrations at
individual census block centroid
locations within this grid from the
modeled concentration results for grid
nodes.
For assessment of risk and hazard
from chronic exposures, it was assumed
that the total annual emissions derived
for each facility were evenly distributed
over the course of a year (i.e., a constant
emission rate).
Although the HEM-Screen model can
accommodate source-specific release
parameters, the same values were used
for stack height, stack diameter, exit gas
velocity, and exit gas temperature for all
sources. The release parameters used for
the risk assessment were derived from
data obtained from the 1999 NEI. All
emissions in the analysis were modeled
as point source releases emitted from
vertical stacks. The 1999 NEI includes
release parameters for approximately
611 (out of the 1,093) facilities. The
arithmetic mean values for each
parameter were used in this analysis as
representative values for stack height,
stack diameter, exit gas velocity, and
exit gas temperature. A maximum
modeling radius of 20 km around each
facility was used, and flat terrain was
assumed for all facilities (e.g., no
complex terrain was included in the
modeling).
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No adjustments were made to the
estimated ambient concentrations for
reactivity of the HAPs being assessed.
The exposures of most interest for this
chronic assessment (i.e., exposures that
occur at the point of maximum impact
and other exposures that result in
appreciable cancer risks) occur in the
immediate vicinity of the source and
within a short time period of release
(i.e., minutes). Therefore, the impact of
reactivity of the HAPs is relatively
insignificant in the context of this
exposure scenario.
3. How were cancer and noncancer risks
estimated?
The residual risk analysis addresses
halogenated solvent cleaning machines
subject to the 1994 MACT standards (40
CFR Part 63, subpart T) and estimates
potential risks due to HAP emissions
from sources that emit one or more of
the regulated HAPs that are still used
(i.e., MC, PCE, TCE and TCA). The risk
assessment did not include the HAPs
carbon tetrachloride and chloroform
because their use was phased out in
1996.
The assessment only considered the
inhalation pathway as the primary route
of exposure for humans because all of
the four remaining HAPs are highly
volatile compounds. In addition,
multimedia fugacity modeling results
indicate that the majority (over 99
percent) of each of these four source
category HAP partitions preferentially to
air rather than water, soil, or sediment
(Risk Assessment Support Document).
Some persistent and bioaccumulative
(PB) substances can also pose human
health risks via exposure pathways
other than inhalation. EPA has
developed a list of PB HAPs based on
information developed under the
Pollution Prevention Program, the Great
Waters program, and the Toxics Release
Inventory and additional analysis
conducted by OAQPS. None of the four
HAPs found in halogenated solvent
cleaning machine vapors are included
on this list. Consequently, exposures to
these four HAPs via non-inhalation
pathways were assumed to be minimal
for this source category, and a
quantitative risk characterization for
multi-pathway exposures to humans
was not carried out as a part of the
residual risk assessment.
We evaluated the potential for these
HAPs to pose risks to the environment
by conducting a screening-level
ecological risk assessment for the
baseline scenario. This assessment was
intended to determine if HAPs emitted
from these facilities pose a risk to
ecological receptors including
threatened and endangered species. The
scope of the ecological screen was based
on the fact that the HAPs emitted are all
volatile and were shown to
preferentially partition to air rather than
soil or water, (i.e., the majority of the
HAPs emitted (over 99 percent) will
remain in the atmosphere rather than
deposit onto soil, plants, or aqueous
environments. A more detailed
explanation of this screening assessment
may be found in the Residual Risk
support document.
The analysis estimated the potential
for emissions from this source category
to result in increased cancer risk and
chronic and acute (i.e., one-hour) noncancer hazard. Table 2 of this preamble
outlines the cancer and chronic noncancer dose-response values we used on
the analysis.
TABLE 2.—CANCER AND CHRONIC NON-CANCER DOSE-RESPONSE VALUES
Chronic reference
concentration or (RfC)
similar value
(mg/m3)
HAP
Value
Source
Methylene Chloride ..........................................................................................................
Perchloroethylene ............................................................................................................
1.0
0.27
ATSDR
ATSDR
Trichloroethylene .............................................................................................................
1,1,1,-Trichloroethane ......................................................................................................
0.6
1.0
CAL
CAL
Cancer Unit Risk
(URE)
Estimate
(µg/m3)¥1
Value
4.7E–07
5.9E–06
7.1E–07
2.0E–06
–
Source
IRIS
CAL and
OPPTS
CAL
–
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Notes:
Source: EPA’s air toxics Web site at https://www.epa.gov/ttn/atw/toxsource/summary.html, table 1 (values for assessing long-term inhalation
risks) dated February 28, 2005. Specific source abbreviations: IRIS = EPA’s Integrated Risk Information System; ATSDR = Agency for Toxic
Substances and Disease Registry: CAL = California Environmental Protection Agency; OPPTS = Office of Prevention, Pesticides and Toxic Substances. The dash (–) for 1,1,1,-trichloroethane indicates that there are no data available at this time to indicate that this HAP is a carcinogen:
the current EPA weight-of-evidence for carcinogenicity for this HAP is ‘‘D’’ (not classifiable). This HAP was not considered in the risk analysis for
carcinogenic effects.
Estimates of maximum individual
cancer risk and chronic noncancer
hazard index (HI) were calculated for
each census block around each source
by multiplying the long-term
concentrations at each block by the
appropriate cancer URE and summing
or by dividing those concentrations by
the appropriate reference concentration
(RfC) and summing, respectively. The
total number of people exposed at
various risk and chronic HI levels were
compiled to provide a distribution of
population risks.
Acute (short-term) exposures to HAPs
were estimated using EPA’s SCREEN3
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model. SCREEN3 is a single source
Gaussian plume model which predicts
the off-site maximum, short-term (onehour) ambient concentrations of emitted
HAPs at any distance from the source
irrespective of population locations. To
estimate maximum short-term emission
rates, annual emission rates were
adjusted using an assumed operating
schedule of 8 hours/day, 260 days/year.
The receptor location evaluated for the
acute exposure analysis assumed that
individuals may spend brief amounts of
time at any location around a facility
even though they may not reside in
those locations. The maximum one-hour
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ambient concentrations were compared
to acute non-cancer dose-response
values to obtain an estimate of the
potential for acute non-cancer hazard.
4. What factors are considered in the
risk assessment?
The risk assessment was designed to
generate a series of risk metrics that
would provide information for a
regulatory decision. The metrics include
both the maximum individual risk
(MIR) and the population distribution of
risk, the latter providing perspective on
the potential public health impact by
addressing each of the following
questions:
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• How many people living around the
halogenated solvent cleaning facilities
have potential risks greater than 1-in-amillion and other risk levels?
• What is the estimated cancer
incidence in the population due to
emissions from these facilities?
Background exposures from other
local or long-distance sources were not
considered in the determination of
incremental residual risk. To estimate
the maximum individual risk (MIR), we
assumed that people were continuously
exposed for a lifetime of 70 years to the
model-predicted ambient concentration
at a census block around that facility. To
better estimate the distribution of
exposures and risks across the
population, we developed an approach
using a Monte Carlo simulation method
(see Appendix F of the Risk Assessment
Support Document for details) which
accounts for variations in residency
time.
C. What are the results of the baseline
risk assessment?
The baseline residual risk assessment
for the halogenated solvent cleaning
source category used HAP emissions
data from an assessment database that
included 1,167 sources. This assessment
database represents approximately 61
percent of the 1,900 facilities in the
source category. Estimates of maximum
individual cancer risk and chronic noncancer hazard as well as distributions of
cancer risks and noncancer hazards
across the exposed populations were
calculated for each facility. Results
presented in this section have been
scaled-up proportionally to reflect
results for the 1,900 facilities in the
source category. In addition, the risk
results for the population risk
distributions are estimated to reflect
varying exposure durations due to the
variability in residency times.
Table 3 of this preamble summarizes
the estimated lifetime cancer risk results
for the baseline level of emissions. The
table shows the number of people in the
exposed population and the number of
halogenated solvent cleaning facilities
that are associated with various levels of
lifetime cancer risk. Depending on
which cancer potency value is used for
PCE, the highest risk to an individual
living in the vicinity of any of the
halogenated solvent cleaning facilities
(the MIR) is between 90-in-a-million
and about 200-in-a-million. For the
exposed population within 20
kilometers to the facilities, the number
47679
of people with risks greater than or
equal to 1-in-a-million is as high as
5,900,000 people (using the CalEPA
URE for PCE), with between zero and 90
of these exposed to risks greater or equal
to 100-in-a-million. The annual cancer
incidence is estimated to be between 0.2
and 0.4 cases per year. The numbers of
facilities in the source category which
pose various levels of maximum
individual lifetime cancer risks are
presented in Table 3 of this preamble
(using the CalEPA potency for PCE).
These results show that source category
emissions from 539 facilities
(approximately 28 percent of the
sources in the source category) were
estimated to pose a maximum
incremental increase in lifetime cancer
risk at or above 1-in-a-million. Of the
539 facilities, 124 were found to pose a
maximum cancer risk greater than or
equal to 10-in-a-million and seven of
these facilities were estimated to pose a
maximum cancer risk of 100-in-amillion or more. Six-hundred ninety
facilities emit only the non-carcinogen
TCA and, therefore, pose no cancer risk.
The estimated numbers of facilities
above each risk level will decrease using
the OPPTS URE for PCE.
TABLE 3.—POPULATION RISK DISTRIBUTION AND NUMBER OF FACILITIES AT VARIOUS LEVELS OF RISK—BASELINE
(SCALED TO NATIONAL LEVEL)1—USES CALEPA CANCER POTENCY FOR PCE 6
National-scale
population 2 3
Estimated lifetime cancer risk
(in-a-million)
≥100 .........................................................................................................................................................................
≥10 to < 100 ............................................................................................................................................................
≥1 to < 10 ................................................................................................................................................................
<1 or no cancer risk (i.e., emit non-carcinogen only) .............................................................................................
Number of facilities in the
source category with
maximum estimated risk at
the Specified
level 4
86
42,000
5,900,000
200,000,000
7
117
415
5 1,361
1 Represents
the estimated numbers of people residing in census blocks with concentrations associated with risks at the designated risk level.
population estimated for this source category by multiplying the populations at the specified cancer risk level by 1,900/1,167.
Population counts have been rounded.
3 These population numbers are estimated to reflect residency time (exposure duration) variations.
4 Estimated by multiplying the number of sources at the specified cancer risk level (in Table B–1 of the Risk Assessment Support Document)
by 1,900/1,167.
5 Calculated as 671 (sources at < 1 in-a-million risk) plus 690 (sources that emit the non-carcinogen TCA only).
6Use of OPPTS URE for PCE will lower risk impacts.
sroberts on PROD1PC70 with PROPOSALS
2 National-scale
We also evaluated the potential for
adverse health effects other than cancer.
Calculated chronic noncancer HIs were
below 1 for all 1,167 facilities included
in the risk assessment. The highest HI
was estimated to be 0.2. Given these
results, it is expected that chronic noncancer HIs would be below one for all
1,900 facilities in the source category.
An ecological screening assessment to
assess the inhalation risk to potential
terrestrial receptors was conducted to
determine if there were any potentially
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significant ecological effects that
warranted a more refined level of
analysis. Maximum long-term air
concentrations of HAPs at the most
exposed census block centroid were
used as the exposure concentrations,
and estimated exposure concentrations
were compared to health protective
ecological toxicity screening values.
Calculated hazard quotients associated
with terrestrial ecological receptors
were well below one for all HAPs at all
facilities. Because of the health-
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protective assumptions used in this
assessment, and the fact that these HAPs
are not persistent, bioaccumulative, or
likely to deposit on soil, plants, or
water, it is believed that the ecological
screening values developed would also
be protective of ecological receptors that
are threatened or endangered.
We acknowledge that there are
uncertainties, as well as conservatism in
various aspects of risk assessment due
to the use of some modeling and
exposure assumptions. Specific possible
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uncertainties in the risk assessment
include: The size of the source category,
use of actual versus allowable
emissions, lack of source specific data
on peak emissions, and modeling
uncertainties (e.g., meteorology,
emission point locations, release
parameters, urban versus rural
dispersion, population size and
exposure, co-location issues, and dose
response values). A detailed analysis of
each of the possible sources of
uncertainty in the risk analysis is
contained in the Risk Assessment
Support Document, available in the
docket for this rulemaking.
D. What is our proposed decision on
acceptable risk?
In the 1989 Benzene NESHAP (54 FR
38044, September 14, 1989), the first
step of the ample margin of safety
framework is the determination of
acceptability (i.e., are the estimated
risks due to emissions from these
facilities ‘‘acceptable’’). This
determination is based on health
considerations only. The determination
of what represents an ‘‘acceptable’’ risk
is based on a judgment of ‘‘what risks
are acceptable in the world in which we
live’’ (54 FR 38045, September 14,
1989), quoting the Vinyl Chloride
decision, recognizing that our world is
not risk-free.
In the 1989 Benzene NESHAP (54 FR
38044, September 14, 1989), we
determined that a maximum individual
risk of approximately 100-in-a-million
should ordinarily be the upper end of
the range of acceptable risks associated
with an individual source of emissions.
We defined the maximum individual
risk as the estimated risk that a person
living near a plant would have if he or
she were exposed to the maximum
pollutant concentrations for 70 years.
We explained that this measure of risk
is an estimate of the upper bound of risk
based on health protective assumptions,
such as continuous exposure for 24
hours per day for 70 years. We
acknowledge that maximum individual
risk ‘‘does not necessarily reflect the
true risk, but displays a conservative
risk level which is an upper bound that
is unlikely to be exceeded.’’
Understanding that there are both
benefits and limitations to using
maximum individual risk as a metric for
determining acceptability, the Agency
acknowledged in the 1989 Benzene
NESHAP (54 FR 38044, September 14,
1989), that ‘‘consideration of maximum
individual risk * * * must take into
account the strengths and weaknesses of
this measure of risk.’’ Consequently, the
presumptive risk level of 100-in-amillion provides a benchmark for
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judging the acceptability of maximum
individual risk, but does not constitute
a rigid line for making that
determination. In establishing a
presumption for the acceptability of
maximum individual risk, rather than a
rigid line for acceptability, we explained
in the Benzene NESHAP that risk levels
should also be weighed with a series of
other health measures and factors,
discussed below.
We estimate that the maximum
individual lifetime cancer risk
(discussed below) associated with the
1994 national emission standards for
halogenated solvent cleaning is between
90 and 200-in-a-million. In making the
decision on the acceptability of the MIR
risk level seen in this assessment, the
Benzene NESHAP explains that
additional factors may be considered
along with the MIR. These factors can
include the number of people exposed
within each individual lifetime risk
range, associated incidence of cancer,
the policy assumptions and
uncertainties, the weight of the
scientific evidence for human health
effects and other quantified or
unquantified health effects. The
principal reasons that lead us to believe
that the MIR is acceptable are the
following: the maximum risk could be
as high as 90 to 200 in-a-million, just
above the presumptive acceptable level;
at least 95 percent of the exposed
population have risks below 1-in-amillion; at most, only about 90 people
in the exposed population near only 7
of the 1,900 facilities are estimated to be
exposed at risk levels above 100 in-amillion; and the annual incidence of
cancer resulting from the limits in the
1994 national emission standards is
between 0.2 and 0.40 cases per year. In
addition, no significant noncancer
health effects or adverse ecological
impacts are anticipated at this level of
emissions.
Therefore, we have decided that the
risks associated with the limits in the
1994 national emission standards are
acceptable.
E. What is our proposed decision on
ample margin of safety?
In the second step of the ample
margin of safety framework we
considered setting standards at a level
which may be equal to or lower than the
acceptable risk level and which protects
public health with an ample margin of
safety. In making this determination, we
considered the estimate of health risk
and other health information along with
additional factors relating to the
appropriate level of control, including
costs and economic impacts of controls,
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technological feasibility, uncertainties,
and other relevant factors.
1. What risk reduction alternatives did
EPA evaluate?
Six emission levels were developed to
evaluate reductions in residual risk if
post-MACT emissions (i.e., baseline
emissions) were controlled further. The
emission levels are not based on specific
emission control technologies or
practices. The alternatives are a range of
maximum facility-wide emissions levels
(emission limits or ‘‘caps’’). The
emission levels would apply to the total
emissions from all of a facility’s solvent
cleaning machines that are subject to the
1994 MACT standards (40 CRF Part 63,
subpart T). We believe that solventswitching and traditional technologies
and practices, implemented for further
post-MACT control of HAP emissions,
could achieve these emissions levels.
Emission levels for the proposed
regulatory options were derived based
on the risk assessment results for the
baseline level. To develop the proposed
risk-based alternatives, all emissions
rates in the assessment database were
first converted to MC-equivalents based
on the relative cancer potency of the
HAPs emitted. The cancer potencyweighted MC-equivalent emissions rate
was calculated as the estimated
emissions for the HAP in kg/yr or lb/yr
times the unit risk estimate (URE) for
the HAP divided by the URE for MC.
For the purpose of calculating MCequivalent emissions as well as the risk
impacts of the various control scenarios,
we have used the upper end of the URE
range (CalEPA) for PCE. We also
describe how the risk impacts might
change if the OPPTS URE is used. For
purposes of implementing any control
option in the final rule, we take
comment on the use of the OPPTS URE,
the CalEPA URE, or some other value in
implementing the final rule.
The six levels are summarized below:
• 100,000 level—Sources would
reduce MC-equivalent emissions to no
more than 100,000 kg/yr (220,000 lbs/
yr).
• 60,000 level—Sources would
reduce MC-equivalent emissions to no
more than 60,000 kg/yr (132,000 lbs/yr).
• 40,000 level—Sources would
reduce MC-equivalent emissions to no
more than 40,000 kg/yr (88,000 lbs/yr).
• 25,000 level—Sources would
reduce MC-equivalent emissions to no
more than the 25,000 kg/yr (55,000 lbs/
yr).
• 15,000 level—Sources would
reduce MC-equivalent emissions to no
more than 15,000 kg/yr (33,000 lbs/yr).
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• 6,000 level—Sources would reduce
MC-equivalent emissions to no more
than 6,000 kg/yr (13,200 lbs/yr).
Table 4 of this preamble shows that
the decrease in MIR ranges from 75
percent with a 100,000 kg/yr emission
level (i.e., from 200-in-a-million
baseline to 50-in-a-million) to 99
percent with an emission level of 6,000
kg/yr (i.e., from 200-in-a-million
baseline to 3-in-a-million). The
corresponding annual incidence
estimates decrease over the range from
35 percent for the 100,000 kg/yr
emission level to 90 percent for the
6,000 kg/yr level. Likewise, there are
large shifts in the number of people
with risks greater than or equal to onein-a-million to below one-in-a-million.
The reduction in population with risks
greater than or equal to one-in-a-million
ranges from 66 percent for the 100,000
kg/yr emission level to over 99 percent
for the 6,000 kg/yr level.
Table 5 of this preamble presents the
number of facilities at estimated cancer
risk levels for the emission levels.
Baseline results are provided for
comparison. Numbers represent
national-scale estimates (i.e., the
numbers of facilities were scaled by a
factor of approximately 1.6) and the
higher-end of the cancer potency range
(CalEPA) for PCE was used.
TABLE 4.—CANCER RISK RESULTS—BASELINE VS. EMISSION LEVELS
[Scaled to National Level]
Baseline
Emission Levels (max MC-equivalent emissions in kg/yr)
Cancer risk results
(no control)
100,000
Maximum Individual Risk (in-a-million) ....
Annual Incidence .....................................
Estimated Lifetime Cancer Risk (in-a-million) .......................................................
≥ 1 to < 10 ...............................................
≥ 10 to < 100 ...........................................
≥ 100 ........................................................
200
0.40
50
0.26
5,900,000
42,000
86
Total Population at ≥ 1 ............................
5,942,086
Proposed
option 1
40,000
60,000
30
0.21
Proposed
option 2
25,000
20
0.17
15,000
6,000
10
0.13
8
0.09
3
0.04
2,000,000
5,100
0
Estimated National Population 1 2
1,200,000
630,000
200,000
1,400
700
67
0
0
0
200,000
0
0
8,200
0
0
2,005,100
1,201,400
200,000
8,200
630,700
200,067
Notes:
1 National population estimated for this source category by multiplying the populations at the specified cancer risk level by 1,900/1,167. Population counts for the individual risk bins have been rounded to two significant figures.
2 These population numbers reflect residency time (exposure duration) variations.
TABLE 5.—NUMBER OF FACILITIES AT VARIOUS LEVELS OF RISK—BASELINE VS. EMISSION LEVELS
[Scaled to National Level]
Number of Facilities in the Source Category at the Estimated Risk Level 1
Estimated Lifetime Cancer Risk
(in-a-million)
Emission Levels
(max MC-equivalent emissions in kg/yr)
Baseline
(no control)
≥ 100 ........................................................
≥ 10 to < 100 ...........................................
≥ 1 to < 10 ...............................................
< 1 or no cancer risk (i.e., facilities emit
non-carcinogen only) 2 ..........................
100,000
Proposed
Option 1
40,000
60,000
Proposed
Option 2
25,000
15,000
6,000
7
117
415
0
85
453
0
57
477
0
29
501
0
7
492
0
0
461
0
0
239
1,361
1,362
1,366
1,369
1,402
1,439
1,660
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Notes:
1 Estimated by multiplying the number of facilities at the specified cancer risk level by 1,900/1,167.
2 Calculated as facilities at < 1-in-a-million risk plus 690 (facilities that emit the non-carcinogenic TCA only).
We have not at this time estimated
population risks for these scenarios
using the lower end of the cancer
potency range (OPPTS) for PCE.
However, if we had, the following
would be observed:
• Baseline MIR for the source
category will drop to 90, but MIR values
for each of the control scenarios will
remain roughly the same—this is due to
the fact that, with a toxicity-equivalent
emission cap, MIR becomes directly
proportional to MC-equivalent
emissions (see Table 4 of this preamble).
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• Baseline cancer incidence will drop
by about half, as will that for each of the
control scenarios.
• Population numbers above 1-in-amillion will drop, but we cannot say
how much.
• The numbers of facilities affected
by each control scenario will drop, as
some PCE emitters will already fall
below the emissions cap at baseline.
For the two proposed options, we will
calculate refined population and facility
risk estimates using the OPPTS URE
values for PCE in the final rule.
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2. What are the costs of the proposed
alternatives?
The second step in the residual risk
decision framework is the determination
of standards with corresponding risk
levels that are equal to or lower than the
acceptable risk level and that protect
public health with an ample margin of
safety. In the ample margin decision, the
Agency considers all of the health risk
and other health information considered
in the first step. Beyond that
information, EPA considers additional
factors relating to the appropriate level
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of control, including costs and
economic impacts of controls,
technological feasibility, uncertainties,
and any other relevant factors. As
indicated above in Tables 4 and 5 of this
preamble, we developed a range of
emission levels and assessed their
corresponding risk to determine the
public health significance of possible
further control. Before selecting our two
proposed options, we considered the
costs of each of the six alternative
emission levels in providing various
degrees of emission reduction. Table 6
of this preamble summarizes the costs,
emission reductions, and the
incremental costs for the control
alternatives. When estimating the cost
impacts for the various alternatives, the
CalEPA URE for PCE was used to
calculate MC-equivalents. Use of the
OPPTS value will reduce capital costs
and solvent saving for each of the
alternatives.
TABLE 6.—COSTS FOR EMISSION LEVEL OPTIONS
Total
Capital
Costs
($ million)
Emission Limit Alternative MC-equivalent kg/yr
sroberts on PROD1PC70 with PROPOSALS
1,000,000 ...............................................................................................
60,000 ....................................................................................................
40,000 ....................................................................................................
25,000 ....................................................................................................
15,000 ....................................................................................................
6,000 ......................................................................................................
To develop our cost estimates we
identified a suite of traditional control
alternatives that would both reduce
emissions beyond the MACT and lower
the cancer risk associated with the
emissions. Two of the controls are
retrofit controls that can be added to
existing cleaning machines, three
controls are solvent switching scenarios
that reduce cancer risk through use of a
less toxic solvent, and one control
requires the replacement of existing
equipment with a new vacuum-tovacuum cleaning machine.
The development of the cost estimates
for the solvent switching scenarios
considered changes in the cost of the
solvent, changes in solvent
consumption rates, changes in energy
requirements, costs for equipment
modifications, and changes in
productivity. Capital costs were scaled
to 2004 dollars and were annualized
assuming a 15-year equipment lifetime
and a 7 percent interest rate. The
solvent switching scenarios, their costs,
and impacts are fully discussed in a
separate memorandum titled
‘‘Evaluation of the Feasibility, Costs,
and Impacts of Switching from a
Halogenated Solvent with a High Cancer
Unit Risk Value to a Halogenated
Solvent with a Lower Cancer Unit Risk
Value’’ (National Cost Impacts
Memorandum), which is in the docket
for this rulemaking.
Costs for the vacuum-to-vacuum
cleaning machines are based on vendor
estimates obtained in 2005. The
vacuum-to-vacuum cleaning machine
capital costs were based on the
replacement of a solvent cleaning
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Total
Annualized
Capital
and Operation and
Maintenance
Cost
($ million)
Total
HAP
Emission
Reduction
(tons/yr)
Total Annual Solvent
(Savings)
($ million)
Total Annual
Emission
Control
Costs or
(Savings)
($ million)
Incremental
Cost per
Ton of
HAP
($/ton)
21.7
31.5
50.9
79.8
120.7
192.9
2.1
3.0
$4.9
7.6
11.5
18.3
4,031
4,903
5,911
6,778
7,674
8,595
(7.4)
(9.1)
(11.1)
(12.8)
($14.6)
(16.4)
(5.2)
(5.9)
(5.9)
(4.9)
(2.8)
2.4
(1,292)
(826)
16
1,156
2,400
5,549
machine with a solvent-air interface
area of 2.5 m2, which is the average size
of the solvent cleaning machines for
which we have size data. Since vacuumto-vacuum cleaning machines do not
have a solvent-air interface, it was
necessary to correlate the solvent-air
interface area of the old machine to the
cleaning capacity of the new vacuum-tovacuum cleaning machine. The cost
determination methods are contained in
the National Cost Impacts
Memorandum, located in the docket.
Capital costs were annualized based on
a 20-year equipment lifetime and a 7
percent interest rate. The 20-year
equipment lifetime was determined
based on information from equipment
manufacturers. It was determined that a
97 percent reduction in emissions
would result from switching from an
existing solvent cleaning machine to a
vacuum-to-vacuum cleaning machine.
The costs for the retrofit controls were
based on vendor estimates obtained in
2005 (Table A–1 and Table A–2 in the
National Cost Impacts Memorandum).
The capital costs were based on
equipment for a solvent cleaning
machine with a solvent-air interface
area of 2.5 m2, which is the average size
of the solvent cleaning machines in the
database for which size data are
available. The annualized capital costs
were based on a 15-year equipment
lifetime and a 7 percent interest rate. A
50 percent emission reduction is
expected to result from the addition of
a 1.0 Freeboard Ratio (FBR), Working
Mode Cover (WC), and Freeboard
Refrigeration Device (FRD) control
combination. A 30 percent emission
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reduction is expected to result from the
addition of a 1.5 FBR. These percent
emission reductions were calculated
using emissions reduction estimates and
estimation procedures that were
developed for the NESHAP.
For each control alternative, the
affected facilities (i.e., the facilities that
must reduce emissions) were identified
from the degreasing database based on
whether the combined emissions of
PCE, TCE, and MC exceeded the
emission limit alternative being
evaluated. If multiple solvents were
emitted from a facility the emissions of
each pollutant were weighted and
totaled using equation 1.
Once the necessary percent reduction
was known for each facility, the
compliance methods such as solvent
switching, control equipment retrofits
and machine replacement were applied
to each unit in order to bring each
facility into compliance with the
appropriate limits. We recalculated the
required percent reduction after the
application of each control. For facilities
with multiple units, several different
combinations of controls across the
units often had to be tried before a level
of control that met the limits was
achieved. To aid in the assigning of
controls to specific units, a control
decision matrix was developed to
provide initial guidelines on what type
of control to assign. This matrix is
further outlined in the National Cost
Impacts Memorandum, available in the
docket. The controls that are available
vary depending on the cleaning
machine type, the solvent, and the
percent control that is required. In cases
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where more than one control is
available, we made a rough starting
assumption regarding the distribution of
units. For example, for vapor cleaning
units using PCE, there are two control
options available when the required
reduction is between 78 percent to 99
percent—PCE to MC and a vacuum
cleaning machine. In this case, we
initially assumed that approximately 25
percent of the units would choose the
PCE to MC option and that
approximately 75 percent of the units
would choose the vacuum cleaning
machine option. We assumed that more
would choose the vacuum cleaning
machine option because it is more
universally applicable. The solvent
switching option will be limited relative
to the other options because TCE and
MC will not meet the cleaning
requirements for all cleaning
applications. The costs and emission
reductions for all units at all facilities
with emissions above the control option
limits were totaled to yield the total
national costs and emission reductions.
Table 6 of this preamble show that
control costs increase and solvent
savings increase as the emission limit is
set lower. The lower the limit is
established, the greater the number of
units that must be controlled to achieve
the limit. Emission reductions are
greater when a lower limit is
established, therefore, the solvent
savings are greater. Total annual
emission control costs range from a
savings of approximately $6 million/
year for the 40,000 kg and the 60,000 kg/
year MC equivalent control options to a
cost of $2 million/year for the 6,000 kg/
year MC-equivalent control alternative.
Capital costs for the six control
alternatives range from approximately
$22 million for the 100,000 kg/year MCequivalent alternative to $193 million
for the 6,000 kg/year MC-equivalent
alternative. Annualized capital costs
range from $2 million/year for the
100,000 kg/year MC-equivalent control
alternative to $18 million/year for the
6,000 kg/year MC-equivalent control
alternative.
Incremental costs are negative for the
100,000 kg and the 60,000 kg/year MCequivalent alternatives at ($1,292)/ton
and ($826)/ton, respectively.
Incremental costs for the remaining four
alternatives are positive and range from
$16/ton for the 40,000 kg/year MCequivalent alternative to $5,549 ton for
the 6,000 kg/year MC-equivalent
alternative.
3. What regulatory options is EPA
proposing?
We are proposing two options that
achieve an ample margin of safety. The
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co-proposed options set facility-wide
emission limits that are specific to
reducing MC, TCE, and PCE emissions
from halogenated solvent cleaning
facilities and provide an ample margin
of safety. Option 1 limits facility-wide
emissions of PCE, TCE and MC to
40,000 kg/yr MC-equivalent. Option 2
limits facility-wide emissions of PCE,
TCE and MC to 25,000 kg/yr MCequivalent. Our review of the data
shows that these limits can be achieved
if facilities improve emission control
through solvent switching (switching
from a high risk solvent to one of lower
health risks), reducing solvent use, and
investigating traditionally available
options to further reduce emissions.
Increased diligence in controlling lids,
installing freeboard chillers, increasing
drying times, installing closed loop
systems, and increasing the freeboard
ratio would allow the higher emitting
higher risk facilities to achieve
compliance with the proposed standard.
The available information indicates that
solvent switching, vapor capture,
maintenance, reduced solvent use, and
limiting cleaning runs would be the
primary components of any credits that
would offset costs due to reduced
solvent use.
In selecting these two options, we first
determined that adding a MC-equivalent
based emission limit would provide an
opportunity for additional risk
reduction. We also determined that
these two options were preferred over
the 100,000 and 60,000 kg/yr options
because they reduce the cancer
incidence by over one half, they reduce
the population exposed to cancer risks
greater than one-in-a-million by over 5
million people, and both result in net
annual cost savings to the industry.
We also examined the impacts to
small businesses associated with the
alternative emissions limits. Our
analysis showed that an emission limit
of 15,000 kg/yr or lower could have an
impact on a significant number of small
businesses. To avoid adverse impacts to
small businesses, we concluded that we
would not propose an emission limit
option of 15,000 kg/yr or lower.
Option 1 capital costs are $51 million
and total annualized cost savings of
about $6 million. The net annualized
cost per unit of emission reduction is a
cost savings of $1,000 per ton of HAP
solvent emissions avoided. Option 2
capital costs are nearly $80 million and
considering solvent savings result in
total annualized cost savings of nearly
$5 million. As shown in the cost
analysis summarized in Table 6 of this
preamble, the net annualized cost of per
unit of emission reduction is a savings
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of $724 per ton of HAP solvent
emissions avoided.
In the final rule, we expect to select
one of these options, with appropriate
modifications in response to public
comments. The emissions limit would
subject the highest emitting facilities to
control requirements that may require
switching to a HAP solvent that has a
lower URE, switching to a non-HAP
solvent cleaning process, retrofit of
freeboards, addition of vacuum-tovacuum machines or use of emission
control technology. A description of the
two options we are proposing follows.
When estimating the impacts for each of
these options, the CalEPA URE for PCE
was used, except where noted. Use of
the OPPTS URE for PCE will change the
estimated impacts.
4. Rationale for Option 1
Under the authority of Section 112(f),
we are co-proposing an emission limit
of 40,000 kg/yr (88,000 lbs/yr) MCequivalent to be applicable to facilities
whose emission of MC, TCE and PCE
exceed this emission cap. Under
CalEPA, Option 1 would reduce total
HAP emissions by as much as 5,800
tons/year. Thirty-two percent of those
HAP emissions, about 1,860 tons/year
would be PCE, 54 percent, about 3,130
tons/year would be TCE and the
remaining 14 percent, about 810 tons/
year would be MC.
Under this proposed option, we
estimate that approximately 90 percent
of the people living within 20 km of the
halogenated solvent cleaning facility,
about 5.4 million people of the original
6 million people, would no longer be
exposed at risk levels higher than 1-ina-million, and the MIR would be
reduced from the baseline of between 90
and 200-in-a-million (depending on
URE for PCE) to about 20-in-a-million,
representing an 80 to 90 percent
reduction in the MIR. The cancer
incidence would be reduced from the
baseline of between 0.20 and 0.40 cases
per year (depending on URE for PCE)
down between 0.08 to 0.17 cases per
year, a reduction of about 60 percent.
We anticipate that as many as 25
percent of the halogenated solvent
cleaning facilities will be affected by a
40,000 kg/year MC-equivalent emission
limit. These facilities emit
approximately 87 percent of the total
MC-equivalent source category
carcinogenic emissions.
We estimate that nearly 380
halogenated solvent cleaning machines
may become subject to this option.
Facilities would reduce their emissions
by selecting a suitable control option
that might include one or more of the
following: (1) Solvent switching from
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PCE to MC, PCE to TCE or TCE to MC;
(2) installation of vacuum to vacuum
cleaning machines; (3) retrofitting a 1.5
freeboard ratio (FBR); or, (4) retrofitting
of 1.5 FBR, working mode cover (WC),
and freeboard refrigeration device (FRD)
control combination. To achieve the
emission limit of 40,000 kg/yr MCequivalent, nearly 31 percent of the
affected facilities may need to select
vacuum to vacuum cleaning machines
to achieve necessary emission
reductions. We estimate the annualized
capital costs plus the operation and
maintenance (O&M) costs at nearly $4.4
million for these machines, yet with a
solvent savings of nearly $8.9 million,
the total annualized control costs would
ultimately save the industry nearly $4.5
million for this emission control.
Nearly thirty-eight percent of the
affected facilities may select either of
the two retrofitting options for their
cleaning machines. We estimate the
annualized capital cost plus the O&M
cost at nearly $520 thousand for
retrofitting, yet with solvent savings of
nearly $1.16 million, the total
annualized control costs would
ultimately save the industry nearly $640
thousand for this emission control.
The remaining 30 percent may select
a solvent switching option, however, it
is expected that only 6 percent of
facilities may be able to switch from
using PCE to using MC, yet, 17 percent
of the facilities can switch from TCE to
MC. We estimate the annualized capital
cost plus O&M costs for solvent
switching at nearly $320 thousand for
solvent switching, yet with solvent
savings of nearly $1.02 million, the total
annualized control costs would
ultimately save the industry nearly $700
thousand for this emission control.
5. Rationale for Option 2
Under the authority of Section 112(f),
we are co-proposing an emission limit
of 25,000 kg/yr (55,000 lbs/yr) MCequivalent to be applicable to facilities
whose emission of MC, TCE and PCE
exceed this emission cap. Under Option
2, total HAP emissions would be
reduced by 6,700 tons/year. Thirty
percent, 2,010 tons/year of the HAP
emissions reduced would be PCE, 56
percent, 3,750 tons/year TCE and the
remaining 14 percent 940 tons/year
would be MC.
Under this proposed option, we
estimate that approximately 97 percent
of the people living within 20 km of the
halogenated solvent cleaning facility,
about 5.8 million of the original 6
million people, would no longer be
exposed at risk levels higher than 1-ina-million, and the MIR would be
reduced from the baseline of between 90
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and 200-in-a-million (depending on
URE for PCE) to about 10-in-a-million,
representing a 90 to 95 percent
reduction in the MIR. The cancer
incidence would be reduced from the
baseline of between 0.20 and 0.40 cases
per year (depending on URE for PCE)
down to between 0.06 and 0.13 cases
per year, a reduction of 70 percent.
We anticipate that as many as 30
percent of the halogenated solvent
cleaning facilities will be affected by a
25,000 kg/year MC-equivalent emission
limit. These facilities emit
approximately 92 percent of the total
MC-equivalent source category
carcinogenic emissions.
We estimate that nearly 500
halogenated solvent cleaning machines
may become subject to this option.
Facilities would reduce their emissions
by selecting a suitable control option
that might include one or more of the
following: (1) Solvent switching from
PCE to MC, PCE to TCE or TCE to MC;
(2) installation of vacuum to vacuum
cleaning machines; (3) retrofitting a 1.5
FBR; or, (4) retrofitting of 1.5 FBR, WC
and FRD control combination.
To achieve the emission limit of
25,000 kg/yr MC-equivalent, nearly 39
percent of the affected facilities may
need to select vacuum to vacuum
cleaning machines to achieve necessary
emission reductions. We estimate the
annualized capital costs plus O&M costs
at nearly $7.1 million for these
machines, yet with a solvent savings of
nearly $10.6 million, the total
annualized control costs would
ultimately save the industry nearly
$34.5 million for using the vacuum
cleaning machines.
Nearly 31 percent of the affected
facilities may select either of the two
retrofitting options for their cleaning
machines. We estimate the annualized
capital cost plus O&M costs at nearly
$520 thousand for retrofitting, yet with
solvent savings of nearly $960 thousand,
the total annualized control costs would
ultimately save the industry nearly $430
thousand for this emission control.
The remaining 31 percent may select
a solvent switching options, however, it
is expected that only 6 percent of
facilities may be able to switch from
using PCE to using MC and 7 percent
may switch from using PCE to TCE, yet,
17 percent of the facilities can switch
from TCE to MC. We estimate the
annualized capital cost plus O&M costs
at nearly $320 thousand for solvent
switching, yet with solvent savings of
nearly $1.3 million, the total annualized
control costs would ultimately save the
industry nearly $980 thousand for this
emission control.
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6. Comparison of Option 1 and 2
The Agency would conclude under
this proposal that Option 1 would be the
most effective in reducing risk and
maximizing the cost savings associated
with reducing emissions from these
operations. This option would achieve
an ample margin of safety by reducing
MIR to 20-in-a-million and reducing
cancer incidence to between 0.08 and
0.17 cases per year. Proposed Option 2
would reduce MIR to 10-in-a-million
and reduce incremental cancer
incidence by between 0.02 and 0.04
cancer cases per year (or 1 to 2 cancer
cases every 50 years) at an additional
cost of roughly one million dollars per
year and also requires higher capital
investment of almost $29 million dollars
over Option 1. Given the uncertainties
associated with these risk estimates and
the relatively small incremental changes
in the distribution of risk under Option
2, we are proposing under Option 1 that
it is not necessary to impose the
additional control required by Option 2
to provide an ample margin of safety to
protect public health. The agency seeks
comment on whether to base the final
rule on Option 1 or Option 2.
F. What is EPA proposing pursuant to
CAA section 112(d)(6)?
CAA section 112(d)(6) requires EPA to
review and revise, as necessary (taking
into account developments in practices,
processes, and control technologies),
emission standards promulgated under
CAA section 112 no less often than 8
years. We reviewed available
information about the industry and
talked with industry representatives to
investigate available emission control
technologies and the potential for
additional emission reductions. Based
on our review, we believe that it is not
necessary to revise the GACT standards
for cold batch area sources in this
rulemaking. We did not identify any
additional control technologies beyond
those that are already in widespread use
within the source category (e.g.,
freeboard refrigeration devices,
extended freeboards, working mode and
downtime covers). Vacuum-to-vacuum
machines, which were undemonstrated
at the time of the development of the
NESHAP, are now offered by several
equipment vendors. The use of vacuumto-vacuum cleaners has increased as the
costs for them have declined. However,
due to their batch design, relatively high
cost, and typically small cleaning
capacity, vacuum-to-vacuum cleaning
machines are not appropriate for all
applications. Therefore, our
investigation did not identify any
significant developments in practices,
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processes, or control technologies for
halogenated solvent cleaning since
promulgation of the original standards
in 1994. Under both options, we are
proposing that these changes to the
current halogenated solvent cleaning
NESHAP also satisfy the requirements
under our CAA section 112(d)(6)
authority.
G. What is the rationale for the
proposed compliance schedule?
We are also proposing compliance
dates for sources subject to the proposed
revised standards pursuant to section
112(i) of the CAA. When Congress
amended the CAA in 1990, it
established a new, comprehensive set of
provisions regarding compliance
deadlines for sources subject to
emissions standards and work practice
requirements that EPA promulgates
under CAA section 112. However, as
discussed later in this section of this
preamble, Congress also left in place
other provisions in CAA section
112(f))4) that in certain respects are
redundant or conflict with the new
compliance deadline provisions. These
provisions also fail to accommodate the
new State-administered air operating
permit program added in Title V of the
amended CAA.
For new sources, CAA section
112(i)(1) requires that after the effective
date of ‘‘any emission standard,
limitation, or regulation under
subsection (d), (f) or (h), no person may
construct any new major source or
reconstruct any existing major source
subject to such emission standard,
regulation or limitation unless the
Administrator (or State with a permit
program approved under Title V)
determines that such source, if properly
constructed, reconstructed and
operated, will comply with the
standard, regulation or limitation.’’ CAA
section 112(a)(4) defines a ‘‘new source’’
as ‘‘a stationary source the construction
or reconstruction of which is
commenced after the Administrator first
proposes regulations under this section
establishing an emission standard
applicable to such sources.’’ Under CAA
sections 112(e)(10) and 112(f)(3), any
CAA section 112(d)(6) emission
standards and any residual risk
emission standards shall become
effective upon promulgation. This
means generally that a new source that
is constructed or reconstructed after this
proposed rule is published must comply
with the final standard, when
promulgated, immediately upon the
rule’s effective date or upon the source’s
start-up date, whichever is later.
There are some exceptions to this
general rule. First, CAA section 112(i)(7)
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provides that a source for which
construction or reconstruction is
commenced after the date an emission
standard is proposed pursuant to
subsection (d) but before the date a
revised emission standard is proposed
under subsection (f) shall not be
required to comply with the revised
standard until 10 years after the date
construction or reconstruction
commenced. This provision ensures that
new sources that are built in compliance
with MACT will not be forced to
undergo modifications to comply with a
residual risk rule unreasonably early.
In addition, CAA sections 112(i)(2)(A)
and (B) provide that a new source which
commences construction or
reconstruction after a standard is
proposed, and before the standard is
promulgated, shall not be required to
comply with the promulgated standard
until 3 years after the rule’s effective
date, if the promulgated standard is
more stringent than the proposed
standard and the source complies with
the proposed standard during the threeyear period immediately after
promulgation. This provision essentially
treats such new sources as if they are
existing sources in giving them a
consistent amount of time to convert
their operations to comply with the
more stringent final rule after having
already been designed and built
according to the proposed rule.
For existing sources, CAA section
112(i)(3)(A) provides that after the
effective date of ‘‘any emission
standard, limitation or regulation
promulgated under this section and
applicable to a source, no person may
operate such source in violation of such
standard, limitation or regulation
except, in the case of an existing source,
the Administrator shall establish a
compliance date or dates which shall
provide for compliance as expeditiously
as practicable, but in no event later than
3 years after the effective date of such
standard.’’ This potential three year
compliance period for existing sources
under CAA section 112(i)(3) matches
the 3-year compliance period provided
for new sources subject to CAA section
112(d), (f), or (h) standards that are
promulgated to be more stringent than
they were proposed, as provided in
CAA sections 112(i)(1) and (2).
As for new sources, there are
exceptions to the general rule for
existing sources under CAA section
112(i)(3), the most relevant being CAA
section 112(i)(3)(B) allowance that EPA
or a State Title V permitting authority
may issue a permit granting a source an
additional one year to comply with
standards ‘‘under subsection (d)’’ if such
additional period is necessary for the
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installation of controls. As explained
below, EPA now believes that this
reference to only subsection 112(d),
rather than to CAA section 112 in
general, was accidental on Congress’
part and presents a conflict with the rest
of the statutory scheme Congress
enacted in 1990 to govern compliance
deadlines under the amended CAA
section 112.
Even though, in 1990, Congress
amended CAA section 112 to include
the comprehensive provisions in
subsection 112(i) regarding compliance
deadlines, the enacted CAA also
included provisions in CAA section
112(f), leftover from the previous
version of the Act, that apply
compliance deadlines for sources
subject to residual risk rules. These
deadlines differ in some ways from the
provisions of CAA section 112(i). First,
CAA section 112(f)(4) provides that no
air pollutant to which a standard ‘‘under
this subsection applies may be emitted
from any stationary source in violation
of such standard * * *’’ For new
sources, this is a redundant provision,
since the new provisions added by
Congress in CAA sections 112(i)(1), (2),
(3), and (7)—which explicitly reach
standards established under CAA
section 112(f)—already impose this
prohibition with respect to new sources
and provide for the allowable
exceptions to it. In contrast, for new
sources, the prohibition in CAA section
112(f)(4) provides for no exception for a
new source built shortly before a
residual risk standard is proposed,
makes no reference to the new Title V
program as an implementation
mechanism, and, where promulgated
standards are more stringent than their
proposed versions, makes no effort to
align compliance deadlines for new
sources with those that apply for
existing sources. From the plain
language of CAA section 112(i), it is
clear that Congress intended in the 1990
amendments to comprehensively
address the compliance deadlines for
new sources subject to any standard
under either subsections 112(d), (f), or
(h), and to do so in a way that
accommodates both the new Title V
program added in 1990 and the fact that
where circumstances justify treating a
new source as if it were an existing
source, a substantially longer
compliance period than would
otherwise apply is necessary and
appropriate. It is equally clear that the
language in CAA section 112(f)(4) fails
on all these fronts for new sources.
In addition, for existing sources, CAA
section 112(f)(4)(A) provides that a
residual risk standard and the
prohibition against emitting HAP in
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violation thereof ‘‘shall not apply until
90 days after its effective date.’’
However, CAA section 112(f)(4)(B)
states that EPA ‘‘may grant a waiver
permitting such source a period up to 2
years after the effective date of a
standard to comply with the standard if
the Administrator finds that such period
is necessary for the installation of
controls and that steps will be taken
during the period of the waiver to assure
that the health of persons will be
protected from imminent
endangerment.’’ These provisions are at
odds with the rest of the statutory
scheme governing compliance deadlines
for CAA section 112 rules in several
respects. First, the 90-day compliance
deadline for existing sources in CAA
section 112(f)(4)(A) directly conflicts
with the up-to-3-year deadline in CAA
section 112(i)(3)(A) allowed for existing
sources subject to ‘‘any’’ rule under
CAA section 112. Second, the CAA
section 112(f)(4)(A) deadline results in
providing a shorter deadline for
ordinary existing sources to comply
with residual risk standards than would
apply under CAA section 112(i)(2) to
new sources that are built after a
residual risk standard is proposed but a
more stringent version is promulgated.
Third, while both CAA section 112(i)(1),
for new sources subject to any CAA
section 112(d), (f), or (h) standard, and
CAA section 112(i)(3), for existing
sources subject to any CAA section
112(d) standard, refer to and rely upon
the new Title V permit program added
in 1990 and explicitly provide for State
permitting authorities to make relevant
decisions regarding compliance and the
need for any compliance extensions,
CAA section 112(f)(4)(B) still reflects the
pre-1990 statutory scheme in which
only the Administrator is referred to as
a decision-making entity,
notwithstanding the fact that even
residual risk standards under CAA
section 112(f) are likely to be delegated
to States for their implementation, and
will be reflected in sources’ Title V
permits and need to rely upon the Title
V permit process for memorializing any
compliance extensions for those
standards.
While we appreciate the fact that CAA
section 112(i)(3)(B) refers specifically
only to standards under subsection
112(d), which some might argue means
that subsection 112(i)(3), in general,
applies only to existing sources subject
to CAA section 112(d) standards, we
believe that Congress inadvertently
limited its scope and created a statutory
conflict in need of our resolution.
Notwithstanding the language of
subparagraph (B), CAA section
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112(i)(3)(A) by its terms applies to
‘‘any’’ standard promulgated under CAA
section 112, which includes those under
CAA section 112(f), in allowing up to a
three year compliance period for
existing sources. Moreover, Congress
clearly intended that the CAA section
112(i) provisions, applicable to new
sources to govern compliance deadlines
under CAA section 112(f) rules,
notwithstanding the language of CAA
section 112(f)(4). This is because CAA
sections 112(i)(1) and (2) explicitly
reaches the standards under CAA
section 112(f). To read CAA section
112(i)(3)(B) literally as reaching only
CAA section 112(d) standards, with
CAA section 112(f)(4)(B) reaching CAA
section 112(f) standards, leaves the
question as to whether there can be
compliance extensions for CAA section
112(h) standards completely
unaddressed by the statute, even though
it may in fact be necessary in complying
with a CAA section 112(h) work
practice standard to install equipment
or controls. A narrow reading of the
scope of CAA section 112(i)(3) also
ignores the fact that in many cases,
including that of this proposed rule, the
governing statutory authority will be
both CAA section 112(f)(2) and CAA
section 112(d)(6)—the only reasonable
way to avoid a conflict in provisions
controlling compliance deadlines for
existing sources in these situations is to
read the more specific and
comprehensive set of provisions, those
of CAA section 112(i), as governing both
aspects of the regulation.
Nothing in the legislative history
suggests that Congress knowingly
intended to enact separate schemes for
compliance deadlines for residual risk
standards and all other standards
adopted under CAA section 112. Rather,
comparing the competing Senate and
House Bills shows that each bill
contained its own general and/or
specific versions of compliance
deadline provisions, and that when the
bills were reconciled in conference the
two schemes were both accidentally
enacted, without fully modifying the
various compliance deadline provisions
in accord with the modifications
otherwise made to the CAA section 112
amendments in conference.
Nevertheless, we are proposing a
compliance deadline of 2 years for
existing sources of halogenated
emissions from halogenated solvent
cleaning machines. We believe this
proposed compliance deadline is both
reasonable and realistic for any affected
facility that has to plan their control
strategy, purchase and install the
control device(s), and bring the control
device online.
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IV. Solicitation of Public Comments
A. Introduction and General Solicitation
We request comments on all aspects
of the proposed amendments. All
significant comments received during
the public comment period will be
considered in the development and
selection of the final rulemaking.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order (EO) 12866
(58 FR 51735, October 4, 1993), this
action is a ‘‘significant regulatory
action.’’ An economic impact analysis
was performed to estimate changes in
price and output for affected
halogenated solvent cleaning sources
using the annual compliance costs
estimated for proposed Options 1 and 2.
Analysis for options 1 and 2 indicate an
annual cost savings due to the reduction
in solvent demand. Option 2 would
result in higher cost savings of the
options presented. For more
information, refer to the economic
impact analysis report that is in the
public docket for this rule.
Pursuant to the terms of EO 12866,
this proposed rule has been determined
to be a ‘‘significant regulatory action’’
because it raises novel legal and policy
issues. Accordingly, EPA has submitted
this action to OMB for review under EO
12866 and any changes made in
response to OMB recommendations
have been documented in the docket for
this action.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. We are
proposing no additional requirements in
this action to direct owners and
operators to generate, maintain, or
disclose or provide information to or for
a Federal agency. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations 40 CFR Part 63,
Subpart T (1994 national emission
standards for Halogenated Solvent
Cleaning) under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number (2060–0273), EPA ICR
number 1652.05. A copy of the OMB
approved Information Collection
Request (ICR) may be obtained from
Susan Auby, Collection Strategies
Division; U. S. Environmental
Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington,
DC 20460 or by calling (202) 566–1672.
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Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal Agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR part 63 are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of the proposed action on small entities,
small entity is defined as: (1) A small
business as defined by the Small
Business Administration’s (SBA)
regulations at 13 CFR 121.201; (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district, or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
For Option 1, we estimate that 66
percent of the affected parent companies
are small (186 out of 281) according to
the SBA size standards. Of these small
companies none of these is expected to
have annualized compliance costs of
more than 1 percent of sales.
For Option 2, we estimate that 66
percent of the affected parent companies
are small (186 out of 281) according to
the SBA size standards. Of these small
companies, 3 of these are expected to
have annualized compliance costs of
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more than 1 percent of sales. Of these
3, one is expected to have annualized
compliance costs of more than 3 percent
of sales.
After considering the economic
impact of this proposed action on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
Neither of these proposed options
impose a significant impact on a
substantial number of small entities.
This proposed action requests public
comments on the residual risk and
technology review. We continue to be
interested in the potential impact of the
proposed action on small entities and
welcome comments on issues related to
such impact.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effect of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, CAA
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopts the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation of why that
alternative was not adopted. Before EPA
establishes any regulatory requirements
that may significantly or uniquely affect
small governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
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47687
small governments on compliance with
the regulatory requirements.
The proposed rule contains no
Federal mandates (under the regulatory
provisions of Title II of the UMRA) for
State, local, or tribal governments or the
private sector. We have determined that
the proposed rule does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or to the private sector
in any one year. The total capital costs
for this proposed rule are approximately
$49 million for Option 2 and $31
million for Option 1 and the total
annual costs are actually savings of
approximately $3.0 and $3.6 million.
Thus, the proposed rule is not subject to
the requirements of sections 202 and
205 of the UMRA.
The EPA has determined that the
proposed action does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and tribal governments
in the aggregate, or to the private sector
in any 1 year. Thus, this proposed
action is not subject to the requirements
of sections 202 and 205 of the UMRA.
In addition, EPA has determined that
the proposed action contains no
regulatory requirements that might
significantly or uniquely affect small
governments.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have Federalism
implications.’’ ‘‘Policies that have
federalism implications’’ are defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed action does not have
Federalism implications. It will not
have substantial direct effect 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. None of the
affected halogenated solvent cleaning
facilities are owned or operated by State
governments. Thus, Executive Order
13132 does not apply to the proposed
action.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
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promote communications between EPA
and State and local governments, EPA
specifically solicits comment on the
proposed action from State and local
officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ The proposed action
does not have tribal implications as
specified in Executive Order 13175. It
will not have substantial direct effect 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 proposed action.
sroberts on PROD1PC70 with PROPOSALS
G. Executive Order 13045: Protection of
Children From Environmental Health &
Safety Risks
Executive Order 13045 (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866 and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effect of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by EPA.
The proposed action is not subject to
the Executive Order because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. This
conclusion is based on our assessment
of the information on the effects on
human health and exposures associated
with halogenated solvent cleaning
facilities.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
The proposed action is not a
‘‘significant energy action’’ as defined in
Executive Order 13211, ‘‘Actions
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Jkt 208001
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
Further, we have concluded that this
rule is not likely to have any adverse
energy effects.
I. National Technology Transfer
Advancement Act
Under 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)
directs EPA to use voluntary consensus
standards (VCS) in its regulatory
activities, unless to do so would be
inconsistent with applicable law or
otherwise impractical. The VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted VCS bodies.
The NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency does not use available
and applicable VCS.
The proposed action does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards. The EPA
welcomes comments on this aspect of
the proposed rulemaking and,
specifically, invites the public to
identify potentially applicable VCS and
to explain why such standards should
be used in the proposed action.
List of Subjects in 40 CFR Part 63
Environmental protection, Air
pollution control, Hazardous
substances, Reporting and
recordkeeping requirements.
Dated: August 9, 2006.
Stephen L. Johnson,
Administrator.
For the reasons stated in the
preamble, Title 40, chapter I of the Code
of Federal Regulations is proposed to be
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.
§ 63.471
Subpart T—[Amended]
2. Section 63.460 is amended by
revising paragraphs (c), (d), and (g) and
adding paragraph (i) to read as follows:
§ 63.460
[Amended]
*
*
*
*
*
(c) Except as provided in paragraph
(g) and (i) of this section, each solvent
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Sfmt 4702
cleaning machine subject to this subpart
that commenced construction or
reconstruction after November 29, 1993
shall achieve compliance with the
provisions of this subpart, except for
§ 63.471, immediately upon start-up or
by December 2, 1994, whichever is later.
(d) Except as provided in paragraph
(g) and (i) of this section, each solvent
cleaning machine subject to this subpart
that commenced construction or
reconstruction on or before November
29, 1993 shall achieve compliance with
the provisions of this subpart, except for
§ 63.471, no later than December 2,
1997.
*
*
*
*
*
(g) Except as provided in paragraph
(i), each continuous web cleaning
machine subject to this subpart shall
achieve compliance with the provisions
of this subpart, except for § 63.471, no
later than December 2, 1999.
*
*
*
*
*
(i) The compliance date for the
requirements in § 63.471 depends on the
date that construction or reconstruction
commences.
(1) Each facility with solvent cleaning
machines that were constructed or
reconstructed before [Date proposal is
published in the Federal Register], shall
be in compliance with the provisions of
this subpart [2 years after date final rule
is published in the Federal Register] or
immediately upon startup, whichever is
later.
(2) Each facility with solvent cleaning
machines that were constructed or
reconstructed on or after [Date proposed
rule is published in the Federal
Register] and before [Date final rule is
published in the Federal Register], shall
be in compliance with the provisions of
this subpart on [Date final rule is
published in the Federal Register] or
immediately upon startup, whichever is
later.
(3) Each facility with solvent cleaning
machines that were constructed or
reconstructed on or after [Date final rule
is published in the Federal Register],
shall be in compliance with the
provisions of this subpart immediately
upon startup.
*
*
*
*
*
3. Section 63.471 is added to subpart
T to read as follows:
Facility-Wide Standards.
(a) Each owner or operator of a
solvent cleaning machine, except cold
batch area source cleaning machines,
shall comply with the requirements
specified in paragraphs (1) and (2) of
this section.
(1) Maintain a log of solvent additions
and deletions for each solvent cleaning
machine.
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(2) Ensure that the total emissions for
all solvent cleaning machines at the
facility are equal to or less than the
facility-wide 12-month rolling total
emission limit presented in Table 6 of
this preamble as determined using the
procedures in § 63.471(b).
TABLE 6.—FACILITY-WIDE EMISSION LIMITS FOR FACILITIES WITH SOLVENT CLEANING MACHINES
Proposed facilitywide annual emission limits in kg—
option 1
Solvents emitted
PCE only ..................................................................................................................................................
TCE only ..................................................................................................................................................
MC only ....................................................................................................................................................
Multiple solvents—Calculate the MC-weighted emissions using equation 1.
6,250
25,000
25,000
emission limit calculated using CalEPA URE.
emission limit calculated using OPPTS URE.
WE = ( PCE × A ) + ( TCE × B ) + ( MC )
Where:
WE = Weighted 12-month rolling total
emissions in kg (lbs).
PCE = 12-month rolling total PCE
emissions from all solvent cleaning
machines at the facility in kg (lbs).
TCE = 12-month rolling total TCE
emission from all solvent cleaning
machines at the facility in kg (lbs).
MC = 12-month rolling total MC
emissions from all solvent cleaning
machines at the facility in kg (lbs).
(b) Each owner or operator of solvent
cleaning machines shall on the first
operating day of every month,
demonstrate compliance with the
facility-wide emission limit on a 12month rolling total basis using the
procedures in paragraphs (1) through (5)
of this section. (1) Each owner or
operator of a solvent cleaning machine
shall, on the first operating day of every
month, ensure that the solvent cleaning
machine system contains only clean
liquid solvent. This includes, but is not
limited to, fresh unused solvent,
recycled solvent, and used solvent that
has been cleaned of soils. A fill line
must be indicated during the first month
the measurements are made. The
solvent level within the machine must
be returned to the same fill-line each
month, immediately prior to calculating
monthly emissions as specified in
paragraphs (2) and (3) of this section.
The solvent cleaning machine does not
have to be emptied and filled with fresh
unused solvent prior to the calculations.
(2) Each owner or operator of a
solvent cleaning machine shall, on the
first operating day of the month, using
the records of all solvent additions and
deletions for the previous month,
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determine solvent emissions (Eunit) from
each solvent cleaning machine using
equation 10:
E unit = SA i − LSR i − SSR i
(10 )
Where:
Eunit = the total halogenated HAP solvent
emissions from the solvent cleaning
machine during the most recent
month i, (kilograms of solvent per
month).
SAi = the total amount of halogenated
HAP liquid solvent added to the
solvent cleaning machine during
the most recent month i, (kilograms
of solvent per month).
LSRi = the total amount of halogenated
HAP liquid solvent removed from
the solvent cleaning machine
during the most recent month i,
(kilograms of solvent per month).
SSRi = the total amount of halogenated
HAP solvent removed from the
solvent cleaning machine in solid
waste, obtained as described in
paragraph (b)(3) of this section,
during the most recent month i,
(kilograms of solvent per month).
(3) Each owner or operator of a
solvent cleaning machine shall, on the
first operating day of the month,
determine SSRi using the method
specified in paragraph (b)(3)(i) or
(b)(3)(ii) of this section.
(i) From tests conducted using EPA
reference method 25d.
(ii) By engineering calculations
included in the compliance report.
(4) Each owner or operator of a
solvent cleaning machine shall on the
first operating day of the month, after 12
months of emissions data are available,
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Sfmt 4702
URE or the CalEPA URE for PCE. The value
for B is 4.25.
(9)
determine the 12 month rolling total
emissions, ETunit, for the 12-month
period ending with the most recent
month using equation 11:
12
ETunit = ∑ E unit
j=1
(11)
Where:
ETunit = the total halogenated HAP
solvent emissions over the
preceding 12 months, (kilograms of
solvent emissions per 12-month
period).
Eunit = halogenated HAP solvent
emissions for each month (j) for the
most recent 12 months (kilograms
of solvent per month).
(5) Each owner or operator of a
solvent cleaning machine shall on the
first operating day of the month, after 12
months of emissions data are available,
determine the 12-month rolling total
emissions, ETfacility, for the 12-month
period ending with the most recent
month using equation 12:
i
ETfacility = ∑ ETunit
j=1
(12 )
Where:
ETfacility = the total halogenated HAP
solvent emissions over the
preceding 12 months for all
cleaning machines at the facility,
(kilograms of solvent emissions per
12-month period).
ETunit = the total halogenated HAP
solvent emissions over the
preceding 12 months for each unit
j, where i equals the total number
of units at the facility (kilograms of
E:\FR\FM\17AUP4.SGM
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EP17AU06.006
MC. The value of A is either 1.5 or 12.5,
depending on whether we use the OPPTS
EP17AU06.005
Note: In the equation, the facility emissions
of PCE and TCE are weighted according to
their carcinogenic potency relative to that of
sroberts on PROD1PC70 with PROPOSALS
a 2,000 b (16,700)
10,000
40,000
40,000
EP17AU06.004
b PCE
a 3,200 b (26,700)
EP17AU06.003
a PCE
Proposed facilitywide annual emission limits in kg—
option 2
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sroberts on PROD1PC70 with PROPOSALS
solvent emissions per 12-month
period).
(c) If the facility-wide emission limit
is not met, an exceedance has occurred.
All exceedances shall be reported as
required in § 63.468(h).
(d) Each owner or operator of a
solvent cleaning machine shall maintain
records specified in paragraphs (d)(1)
through (3) of this section either in
electronic or written form for a period
of 5 years.
(1) The dates and amounts of solvent
that are added to the solvent cleaning
machine.
(2) The solvent composition of wastes
removed from cleaning machines as
determined using the procedure
described in paragraph (b)(3) of this
section.
(3) Calculation sheets showing how
monthly emissions and the 12-month
rolling total emissions from the solvent
cleaning machine were determined, and
the results of all calculations.
(e) Each owner or operator of a
solvent cleaning machine shall submit
an initial notification report to the
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Jkt 208001
Administrator no later than [DATE].
This report shall include the
information specified in paragraphs
(e)(1) through (5).
(1) The name and address of the
owner or operator.
(2) The address (i.e., physical
location) of the solvent cleaning
machine(s).
(3) A brief description of each solvent
cleaning machine including machine
type (batch vapor, batch cold, vapor inline or cold in-line), solvent/air
interface area, and existing controls.
(4) The date of installation for each
solvent cleaning machine.
(5) An estimate of annual halogenated
HAP solvent consumption for each
solvent cleaning machine.
(f) Each owner or operator of a solvent
cleaning machine shall submit to the
Administrator an initial statement of
compliance on or before [Date]. The
statement shall include the information
specified in paragraphs (f)(1) through
(f)(3) of this section.
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(1) The name and address of the
solvent cleaning machine owner or
operator.
(2) The address of the solvent
cleaning machine(s).
(3) The results of the first 12-month
rolling total emissions calculation.
(g) Each owner or operator of a
solvent cleaning machine shall submit a
solvent emission report every year. This
solvent emission report shall contain
the requirements specified in
paragraphs (g)(1) through (g)(3) of this
section.
(1) The average monthly solvent
consumption for the solvent cleaning
machine in kilograms per month.
(2) The 12-month rolling total solvent
emission estimates calculated each
month using the method as described in
paragraph (b) of this section.
(3) This report can be combined with
the annual report required in § 63.468 (f)
and (g) into a single report for each
facility.
[FR Doc. 06–6927 Filed 8–16–06; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 71, Number 159 (Thursday, August 17, 2006)]
[Proposed Rules]
[Pages 47670-47690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6927]
[[Page 47669]]
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Part V
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Halogenated
Solvent Cleaning; Proposed Rule
Federal Register / Vol. 71, No. 159 / Thursday, August 17, 2006 /
Proposed Rules
[[Page 47670]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0009, FRL-8210-3]
RIN 2060-AK22
National Emission Standards for Hazardous Air Pollutants:
Halogenated Solvent Cleaning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing revised standards to limit emissions of
methylene chloride (MC), perchloroethylene (PCE), and trichloroethylene
(TCE) from existing and new halogenated solvent cleaning machines. In
1994, EPA promulgated technology-based emission standards to control
emissions of methylene chloride (MC), perchloroethylene (PCE),
trichloroethylene (TCE), 1,1,1,-trichloroethane (TCA), carbon
tetrachloride (CT), and chloroform from halogenated solvent cleaning
machines. Pursuant to the Clean Air Act (CAA) section 112(f), EPA has
evaluated the remaining risk to public health and the environment
following implementation of the technology-based rule and is proposing
more stringent standards in order to protect public health with an
ample margin of safety. The proposed standards are expected to provide
further reductions of MC, PCE, and TCE beyond the 1994 national
emission standards for hazardous air pollutants (NESHAP), through
application of a facility-wide total MC, PCE, and TCE emission
standard. In addition, EPA has reviewed the standards as required by
section 112(d)(6) of the CAA and has determined that, taking into
account developments in practices, processes, and control technologies,
no further action is necessary at this time to revise the national
emission standards. The term ``facility-wide'' applies to facilities
with emissions associated with halogenated solvent cleaning activities
only.
DATES: Comments. Comments must be received on or before October 2,
2006.
Public Hearing. If anyone contacts EPA requesting to speak at a
public hearing by August 28, 2006, a public hearing will be held
approximately 15 days following publication of this notice in the
Federal Register.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2002-0009, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, EPA, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a
duplicate copy, if possible. We request that a separate copy of each
public comment also be sent to the contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
Hand Delivery: Air and Radiation Docket, EPA, Room B-102, 1301
Constitution Ave., NW., Washington, DC 20004. Such deliveries are only
accepted during the Docket's normal hours of operation and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2002-0009. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be confidential business information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://
www.regulations.gov, or e-mail. The https://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 https://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.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room B-102, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air and Radiation Docket is (202) 566-1742.
Public Hearing: If a public hearing is held, it will be held at 10
a.m. at EPA's Environmental Research Center Auditorium, Research
Triangle Park, NC, or at an alternate site nearby.
FOR FURTHER INFORMATION CONTACT: Mr. H. Lynn Dail, Natural Resources
and Commerce Group (E143-03), Sector Policies and Programs Division,
EPA, Research Triangle Park, NC 27711; telephone number (919) 541-2363;
fax number (919) 541-3470, e-mail address: dail.lynn@epa.gov. For
questions on the residual risk analysis, contact Mr. Dennis Pagano,
Sector Based Assessment Group (C539-02), Health and Environmental
Impacts Division, EPA, Research Triangle Park, NC 27711; telephone
(919) 541-0502; fax number (919) 541-0840, e-mail address:
pagano.dennis@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. The categories and entities potentially
regulated by the proposed rule include:
[[Page 47671]]
------------------------------------------------------------------------
Examples of
Category NAICS \1\ code potentially
regulated entities
------------------------------------------------------------------------
Industry.................... Any of numerous Operations at
industries using sources that are
halogenated solvent engaged in solvent
cleaning, primary cleaning using MC,
affected industries PCE, or TCE.
include those in
NAICS Codes
beginning with: 331
(primary metal
man.), 332
(fabricated metal
man.), 333
(machinery man.),
334 (computer and
electronic product
man.), 335
(electrical
equipment,
appliance, and
component man.);
336 (transportation
equipment man.);
337 (furniture and
related products
man.); and 339
(misc. man.).
Federal, State, local, and .................... Operations at
tribal government. sources that are
engaged in solvent
cleaning using MC,
PCE, or TCE.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the
proposed rule. This proposal directs an owner or operator of
halogenated solvent cleaning facilities to determine if whether the
applicability criteria in 40 CFR 63.460 of subpart T (1994 national
emission standards for Halogenated Solvent Cleaning) remains or whether
these proposed standards require the facility to operate under the
emission caps set forth. If you have any questions regarding the
applicability of the proposed standards to a particular entity, consult
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section.
Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a public hearing is to be held should contact
Ms. Dorothy Apple, Natural Resources and Commerce Group (E143-03),
Sector Policies and Programs Division, EPA, Research Triangle Park, NC
27711, telephone number: (919) 541-4487, e-mail address:
apple.dorothy@epa.gov , at least 2 days in advance of the potential
date of the public hearing. Persons interested in attending the public
hearing also must call Ms. Apple to verify the time, date, and location
of the hearing. A public hearing will provide interested parties the
opportunity to present data, views, or arguments concerning the
proposed standards.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the proposed rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the proposed rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What is the statutory authority for regulating hazardous air
pollutants (HAP)?
B. What is halogenated solvent cleaning?
C. What are the health effects of halogenated solvents?
D. What does the 1994 halogenated solvent cleaning NESHAP
require?
II. Summary of Proposed Requirements for New and Existing Major and
Area Sources
III. Rationale for the Proposed Rule
A. What is our approach for developing residual risk standards?
B. How did we estimate residual risk?
1. How did we estimate the emission and stack parameters for
these sources?
2. How did we estimate the atmospheric dispersion of the emitted
pollutants?
3. How were cancer and non-cancer risks estimated?
4. What factors are considered in the risk assessment?
C. What are the results of the baseline risk assessment?
D. What is our proposed decision on acceptable risk?
E. What is our proposed decision on ample margin of safety?
1. What risk reduction alternatives did EPA evaluate?
2. What are the costs of the proposed alternatives?
3. What regulatory options is EPA proposing?
4. Rationale for Option 1
5. Rationale for Option 2
6. Comparison of Option 1 and 2
F. What is EPA proposing pursuant to CAA Section 112(d)(6)?
G. What is the rationale for the proposed compliance schedule?
IV. Solicitation of Public Comments
A. Introduction and General Solicitation
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
I. Background
A. What is the statutory authority for regulating hazardous air
pollutants (HAP)?
Section 112 of the CAA establishes a two-stage regulatory process
to address emissions of hazardous air pollutants (HAP) from stationary
sources. In the first stage, CAA section 112(d) calls for us to
promulgate national technology-based emission standards for categories
of sources that emit or have the potential to emit any single HAP at a
rate of 10 tons or more per year or any combination of HAP at a rate of
25 tons or more per year (known as ``major sources''), as well as for
certain ``area sources'' emitting less than those amounts. For major
sources, these technology-based standards must reflect the maximum
reductions of HAP achievable (after considering cost, energy
requirements, and non-air health and environmental impacts) and are
commonly referred to as maximum achievable control technology (MACT)
standards.
For area sources, CAA section 112(d)(5) provides that the standards
[[Page 47672]]
may reflect generally available control technology or management
practices in lieu of MACT, and are commonly referred to as generally
available control technology (GACT) standards.
CAA section 112(d)(6) then requires EPA to review these technology-
based standards and to revise them ``as necessary, taking into account
developments in practices, processes and control technologies,'' no
less frequently than every 8 years.
The second stage in standard-setting is described in section 112(f)
of the CAA. EPA prepared a Report to Congress discussing (among other
things) methods of calculating risk posed (or potentially posed) by
sources after implementation of the MACT standards, the public health
significance of those risks, the means and costs of controlling them,
actual health effects to persons in proximity to emitting sources, and
recommendations as to legislation regarding such remaining risk. The
EPA prepared and submitted this report (``Residual Risk Report to
Congress,'' EPA-453/R-99-001) in March 1999. The Congress did not act
on any of the recommendations in the report; thereby, triggering the
second stage of the standard-setting process, the residual risk phase.
CAA section 112(f)(2) requires us to determine for each CAA section
112(d) source category whether the MACT standards protect public health
with an ample margin of safety. If the MACT standards for HAP
``classified as a known, probable, or possible human carcinogen do not
reduce lifetime excess cancer risks to the individual most exposed to
emissions from a source in the category or subcategory to less than 1-
in-a-million,'' EPA must promulgate residual risk standards for the
source category (or subcategory) as necessary to provide an ample
margin of safety. The EPA must also adopt more stringent standards to
prevent an adverse environmental effect (defined in CAA section
112(a)(7) as ``any significant and widespread adverse effect * * * to
wildlife, aquatic life, or natural resources * * *.''), but must
consider cost, energy, safety, and other relevant factors in doing so.
B. What is halogenated solvent cleaning?
Halogenated solvent cleaning machines use halogenated solvents
(methylene chloride, perchloroethylene, trichloroethylene, 1,1,1,-
trichloroethane, carbon tetrachloride, and chloroform), halogenated
solvent blends, or their vapors to remove soils such as grease, oils,
waxes, carbon deposits, fluxes, and tars from metal, plastic,
fiberglass, printed circuit boards, and other surfaces. Halogenated
solvent cleaning is typically performed prior to processes such as
painting, plating, inspection, repair, assembly, heat treatment, and
machining. Types of solvent cleaning machines include, but are not
limited to, batch vapor, in-line vapor, in-line cold, and batch cold
solvent cleaning machines. Buckets, pails, and beakers with capacities
of 7.6 liters (2 gallons) or less are not considered solvent cleaning
machines.
Halogenated solvent cleaning does not constitute a distinct
industrial category, but is an integral part of many major industries.
The five 3-digit NAICS Code that use the largest quantities of
halogenated solvents for cleaning are NAICS 337 (furniture and related
products manufacturing), NAICS 332 (fabricated metal manufacturing),
NAICS 335 (electrical equipment, appliance, and component
manufacturing), NAICS 336 (transportation equipment manufacturing), and
NAICS 339 (miscellaneous manufacturing). Additional industries that use
halogenated solvents for cleaning include NAICS 331 (primary metals),
NAICS 333 (machinery), and NAICS 334 (electronic equipment
manufacturing). Non-manufacturing industries such as railroad (NAICS
482), bus (NAICS 485), aircraft (NAICS 481), and truck (NAICS 484)
maintenance facilities; automotive and electric tool repair shops
(NAICS 811); and automobile dealers (NAICS 411) also use halogenated
solvent cleaning machines. We estimated that there were approximately
16,400 batch vapor, 8,100 in-line, and perhaps as many as 100,000 batch
cold cleaning machines in the U.S. prior to promulgation of the MACT
standards. More recent information shows that the current number of
cleaning machines is much lower than these pre-MACT estimates. We
currently estimate the number of sources in this source category to be
about 3,800 cleaning machines located at 1,900 facilities in the U.S.
This estimate is based on information we collected in 1998, a year
after compliance with the MACT occurred, and should reflect the
decreases in HAP emissions and demand that were expected due to
implementation of MACT control technologies and work practice
standards. Recent evidence on solvent usage suggests that the number of
sources in the source category may have declined further in the post-
MACT implementation years. An analysis of market data for halogenated
solvents showed that the demand for degreasing solvents declined
substantially in the 5 years following the implementation of MACT. From
1998 to 2003, the demand for PCE, TCE, MC, and TCA for degreasing
decreased by 39 percent, 35 percent, 23 percent, and 15 percent,
respectively. The halogenated solvents carbon tetrachloride and
chloroform are no longer used in this source category. The Montreal
Protocol, a treaty signed on September 16, 1987, phased-out the
production and consumption of these chlorofluorocarbons by January 1,
1996. The Protocol also phased out TCA. TCA has not been manufactured
for domestic use in the United States since January 1, 2002. Facilities
with essential products or activities are allowed to continue their use
of TCA, but for facilities with non-essential activities or products,
they were allowed to use remaining TCA stockpiles until depleted.
There are two basic types of solvent cleaning machines: Batch
cleaners and in-line cleaners. Both cleaner types can be designed to
use either solvent at room temperature (cold cleaners) or solvent vapor
(vapor cleaners). The vast majority of halogenated solvent use is in
vapor cleaning, both batch and in-line. The most common type of batch
cleaner that uses halogenated solvent is the open-top vapor cleaner
(OTVC).
Batch cleaning machines, which are the most common type, are
defined as a solvent cleaning machine in which individual parts or sets
of parts move through the entire cleaning cycle before new parts are
introduced. Batch cleaning machines include cold and vapor machines. In
batch cold cleaning machines, the material being cleaned (i.e., the
workload) is immersed, flushed, or sprayed with liquid solvent at room
temperature. Most batch cold cleaners are small maintenance cleaners
(e.g., carburetor cleaners) or parts washers that often use non-HAP
solvent mixtures for cleaning. Batch cold cleaning equipment sometimes
includes agitation to improve cleaning efficiency.
In batch vapor cleaning machines, parts are lowered into an area of
dense vapor solvent for cleaning. The most common type of batch vapor
cleaner is the open-top vapor cleaner. Heating elements at the bottom
of the cleaner heat the liquid solvent to above its boiling point.
Solvent vapor rises in the machine to the height of chilled condensing
coils on the inside walls of the cleaner. The condensing coils cool the
vapor causing it to condense and return to the bottom of the cleaner.
Cleaning occurs in the vapor zone above the liquid solvent and below
the condensing coils, as the hot vapor solvent condenses on the cooler
[[Page 47673]]
workload surface. The workload or a parts basket is lowered into the
heated vapor zone with a mechanical hoist.
Batch vapor cleaning machines vary greatly in size and design to
suit applications in many industries. Batch vapor cleaner sizes are
defined by the area of the solvent/air interface.
Emissions from batch cold cleaning machines result from evaporation
of solvent from the solvent/air interface ``carry out'' of excess
solvent on cleaned parts, and other evaporative losses such as those
that occur during filling and draining. Evaporative emissions from the
solvent/air interface are continual whether or not the machine is in
use. These evaporative losses can be reduced by limiting air movement
over the solvent/air interface (e.g., with a machine cover or by
reducing external drafts) or by limiting the area of solvent air
interface (e.g., with a floating water layer). Emissions related to
solvent carry out occur only when the cleaning machine is in use. Carry
out emissions may be substantial, especially if excess solvent is not
allowed to drain back into the machine. Carry out includes solvent film
remaining on flat workload surfaces and liquid pooled in cavities.
Factors affecting the amount of carry out loss include the speed of
parts movement, workload shapes and materials, and work practices
(e.g., turning over parts to drain cavities).
The closed-loop cleaning system is a type of batch cleaner with a
closed system capable of reusing solvent. Parts are placed inside a
vacuum chamber. Vapor or liquid solvent is pumped in the chamber to
clean the parts. Once cleaned, the parts are dried under vacuum and
removed; the solvent is removed and recycled. Because these systems are
constructed to maintain a vacuum, they have the potential to reduce
emissions up to 97 percent.
Cold and vapor in-line (i.e., conveyorized) cleaning machines,
which include continuous web cleaners, employ automated parts loading
and are used in applications where there is a constant stream of parts
to be cleaned. In-line cleaners usually are used in large-scale
industrial operations (e.g., auto manufacturing) and are custom-
designed for specific workload and production characteristics (e.g.,
workload size, shape, and production rate). In-line cleaners clean
parts using the same general techniques used in batch cleaners: cold
in-line cleaners spray or immerse parts in solvent, and vapor in-line
cleaners clean parts in a zone of dense vapor solvent.
Emissions from cold and vapor in-line cleaning machines result from
the same mechanisms (e.g., evaporation, diffusion, carryout) that cause
emissions from cold and vapor batch cleaning machines. However, the
emission points for in-line cleaners are different from those for batch
cleaners because of differences in machine configurations. In-line
cleaning machines are semi-enclosed above the solvent/air interface to
control solvent losses. In most cases, the only openings are the parts
entry and exit ports. These openings are the only emissions points for
downtime and idling modes. Carryout emissions add to emissions during
the working mode. Idling and working mode emissions from the in-line
cleaner are significantly less than emissions from an equally-sized
batch vapor cleaner. However, in-line cleaners tend to be much larger
than batch vapor cleaners. Some in-line cleaners have exhaust systems
that pump air from inside the cleaning machine to an outside vent.
Exhaust systems for in-line cleaners reduce indoor emissions from the
cleaning machine but increase solvent consumption.
Continuous cleaners are a subset of in-line cleaners and are used
to clean products such as films, sheet metal, and wire in rolls or
coils. The workload is uncoiled and conveyorized throughout the
cleaning machine at speeds in excess of 11 feet per minute and recoiled
or cut as it exits the machine. Emission points from continuous
cleaners are similar to emission points from other inline cleaners.
Continuous cleaners are semi-enclosed, with emission points where the
workload enters and exits the machine. Squeegee rollers reduce carry
out emissions by removing excess solvent from the exiting workload.
Some continuous machines have exhaust systems similar to those used
with some other in-line cleaners.
C. What are the health effects of halogenated solvents?
Methylene chloride, perchloroethylene, 1,1,1,-trichloroethylene
(TCA), and trichloroethylene are the primary halogenated solvents used
for solvent cleaning. Carbon tetrachloride and chloroform are no longer
used as degreasing solvents. Therefore, their health effects are not
discussed in this section. The four solvents still in use are described
below. All four produce acute and/or chronic non-cancer health effects
at sufficient concentrations; three of the four have been classified as
probable or possible human carcinogens by either EPA or other
governmental or international agencies.
Methylene chloride is predominantly used as a solvent. The acute
effects of methylene chloride inhalation in humans consist mainly of
central nervous system effects including decreased visual, auditory,
and motor functions that may occur at or above 1-hour exposures of 690
mg/m\3\, but these effects are reversible once exposure ceases. The
effects of chronic exposure to methylene chloride suggest that the
central nervous system is a potential target in humans and animals.
ATSDR estimates that no adverse noncancer effects are likely in human
populations chronically exposed at or below 1 mg/m3. Human
studies are inadequate regarding methylene chloride and cancer.
However, animal studies have shown significant increases in liver and
lung cancer and benign mammary gland tumors following the inhalation of
methylene chloride. On this basis, EPA classified methylene chloride as
a Group B2, probable human carcinogen, with a cancer unit risk estimate
(URE) of 4.7 x 10-7 ([mu]g/m\3\)-1, when assessed
under the previous 1986 Cancer Guidelines. EPA is currently reassessing
its potential toxicity and carcinogenicity. All activities related to
this chemical reassessment are expected to be complete in late 2007.
Perchloroethylene (PCE or tetrachloroethylene) is widely used for
dry-cleaning fabrics and metal degreasing operations. The main effects
of PCE in humans are neurological, liver, and kidney damage following
acute (short-term) and chronic (long-term) inhalation exposure. The
results of epidemiological studies evaluating the relative risk of
cancer associated with PCE exposure have been mixed; some studies
reported an increased incidence of a variety of tumors, while other
studies did not report any carcinogenic effects. Animal studies have
reported an increased incidence of liver cancer in mice, via inhalation
and gavage (experimentally placing the chemical in the stomach), and
kidney and mononuclear cell leukemia in rats.
Although PCE has not yet been reassessed under the Agency's
recently revised Guidelines for Cancer Risk assessment, it was
considered in one review by the EPA's Science Advisory Board to be
intermediate between a ``probable'' and ``possible'' human carcinogen
(Group B/C) when assessed under the previous 1986 Guidelines. Since
that time, the U.S. Department of Health and Human Services has
concluded that PCE is ``reasonably anticipated to be a human
carcinogen,'' and the International Agency for Research on Cancer has
concluded that PCE is ``probably carcinogenic to humans.''
[[Page 47674]]
Effects other than cancer associated with long-term inhalation of
PCE in worker or animal studies include neurotoxicity, liver and kidney
damage, and, at higher levels, developmental effects. To characterize
noncancer hazard in lieu of the completed Integrated Risk Information
System (IRIS) assessment, which is being revised, we used the Agency
for Toxic Substances and Disease Registry's (ATSDR) Minimum Risk Level
(MRL). This value is based on a study of neurological effects in
workers in dry cleaning shops, and is derived in a manner similar to
EPA's method for derivation of reference concentrations, including
scientific and public review. Based on these effects, EPA estimates
that no adverse noncancer effects are likely in human populations
chronically exposed at or below 0.27 mg/m\3\.
The Agency's IRIS chemical assessment for PCE is currently being
revised. The current schedule indicates that a final IRIS determination
on PCE is not expected until 2008 at the earliest. Because EPA has not
yet issued a final IRIS document for PCE, to estimate cancer risk, we
used the California EPA (CalEPA) unit risk estimate (URE) of 5.9 x
10-6 (ug/m\3\)-1, as well as a URE value
developed by the EPA's Office of Prevention, Pesticides and Toxic
Substances (OPPTS) of 7.1 x 10-7 (ug/m\3\)-1. The
final IRIS reassessment may result in a URE that is different from
these two values. Among the available Acute Reference Levels (ARL), the
one-hour California Reference Exposure Level (a REL value of 240 mg/
m\3\) was considered the most appropriate to use in the assessment
because it may be used to characterize acute risk for exposure with an
exposure duration of one hour.
Most of the trichloroethylene (TCE) used in the United States is
released into the atmosphere from industrial degreasing operations.
Acute and chronic inhalation exposure to trichloroethylene can affect
the human central nervous system, with symptoms such as dizziness,
headaches, confusion, euphoria, facial numbness, and weakness. Liver,
kidney, immunological, endocrine, and developmental effects have also
been reported in humans. Acute effects may occur at or above 1-hour
exposures of 700 mg/m\3\. CalEPA estimates that no adverse noncancer
effects are likely in human populations chronically exposed at or below
0.6 mg/m\3\. Animal studies have reported statistically significant
increases in kidney, lung, liver, and testicular tumors. EPA classified
trichloroethylene in Group B2/C, an intermediate between a probable and
possible human carcinogen, when assessed under the previous 1986 Cancer
Guidelines, but this classification has been withdrawn. CalEPA has
derived a cancer URE of 2.0 x 10-6 (ug/m\3\)-1
for TCE, which we used for our cancer risk assessment. EPA is currently
reassessing the cancer classification of trichloroethylene.
In 1999, TCA was used as a solvent for degreasing up until it was
phased out in 2002. CalEPA estimates that no adverse noncancer effects
are likely in human populations chronically exposed to TCA at or below
1 mg/m\3\. EPA classified TCA in Group D, not classifiable as to human
carcinogenicity, when assessed under the previous 1986 Cancer
Guidelines. EPA is currently reassessing its potential toxicity
(related to chronic and less-than-lifetime exposures). All activities
related to chemical reassessment are expected to be complete in 2007.
Although production and use of TCA has been phased-out since 1998, a
declining quantity of TCA continued to be used until 2002, when all
production of TCA ceased, and eventually, facilities used TCA stock-
piles until depleted. However, an exemption to the phase-out allows a
few specialized facilities with essential activities or products to
continue its use of TCA. TCA was profiled in the noncancer chronic risk
assessment.
The OPPTS toxicity profile for perchloroethylene (PCE) is published
in an EPA publication entitled, Cleaner technologies substitutes
assessment: professional fabricare processes. U.S. EPA Office of
Pollution Prevention and Toxics, Washington DC. EPA 744-B-98-001; June
1998. Complete toxicity profiles for the four HAPs may be obtained from
the following Web sites: EPA's OPPTS Web site for perchloroethylene at
https://www.epa.gov/dfe/pubs/garment/ctsa/fabricare.pdf; California
EPA's Web site at https://www.oehha.ca.gov/air/hot_spots/;
and the Agency for Toxic Substances and Disease Registry's Web site at
https://www.atsdr.cdc.gov/toxpro2.html. Status reports for IRIS chemical
reassessments are available at https://cfpub.epa.gov/iristrac/index.cfm.
D. What does the 1994 halogenated solvent cleaning NESHAP require?
We promulgated national emission standards for halogenated solvent
cleaning (59 FR 61805, December 2, 1994) and required existing sources
to comply with the national emission standards by December 2, 1996. The
halogenated solvent cleaner NESHAP requires batch vapor solvent
cleaning machines and in-line solvent cleaning machines to meet
emission standards reflecting the application of the maximum achievable
control technology for major and area sources; area source batch cold
cleaning machines are required to achieve generally available control
technology. The rule regulates the emissions of the following
halogenated HAP solvents: MC, PCE, TCE, TCA, CT, and chloroform. In
1999, MC, PCE, TCE and TCA were the primary halogenated solvents used
for solvent cleaning. Although production and use of TCA has been
phased-out since 1998, a declining quantity of TCA continued to be used
until 2002, with either facilities depleting existing stockpiles past
2002 or facilities with essential products or activities continuing use
of TCA. CT and chloroform are no longer used as degreasing solvents.
The promulgated standard includes multiple alternatives to allow
owners or operators maximum compliance flexibility. These alternatives
include:
Control equipment standards--As many as 10 combinations of
emission control equipment, such as freeboard refrigeration devices and
working-mode covers may be installed.
Idling-mode emissions standards--Compliance may be
demonstrated by maintaining monthly emission rates during the idling
mode below specified standards.
Overall emission standards--Solvent use and disposal
records may be used to calculate average monthly emissions, which must
remain below specified numerical limits.
If an owner or operator of a batch vapor or in-line cleaning
machine elects to comply with the equipment standard, they must install
one of the control combinations listed in the regulation, use an
automated parts handling system to process all parts, and follow
multiple work practices. As an alternative to selecting one of the
equipment control combinations listed in the regulation, an owner or
operator may demonstrate that the batch vapor or in-line cleaning
machine can meet the idling mode emission limit specified in the
standards. In addition to maintaining this idling mode emission limit,
the owner or operator of a batch vapor or in-line solvent cleaning
machine must use an automated parts handling system to process all
parts and comply with the work practice standards. A third alternative
for complying with these standards is to comply with the overall
solvent emissions limit. An owner or operator complying with the
overall solvent emissions limit is required to ensure that the
emissions from each
[[Page 47675]]
solvent cleaning machine are less than or equal to the solvent emission
levels specified in the standard. Under this alternative standard, an
owner or operator is not required to use an automated parts handling
system or to comply with the work practice standards.
The batch cold cleaning machine standard is an equipment standard.
However, those owners or operators choosing the equipment options
without the water layer must also comply with work practice
requirements. There is no idling standard or overall solvent emissions
standard for batch cold cleaning machines. Batch cold cleaning machines
located at non-major sources are exempt from Title V permit
requirements.
The halogenated solvent cleaning NESHAP was estimated to reduce
nationwide emissions of hazardous air pollutants (HAP) from halogenated
solvent cleaning machines by 77,400 Mg/yr (85,300 tons per year) or 63
percent by 1997 compared to the emissions that would result in the
absence of the standards.
II. Summary of the Proposed Requirements for New and Existing Major and
Area Sources
Under the proposed standards, the requirements for all new and
existing, major and area sources are the same. In addition to the MACT
standard, the proposed revisions would require each facility to comply
with a facility-wide solvent emission limit. As defined by this
proposed rule, ``facility-wide solvent emissions'' are the combined
emissions of PCE, TCE, and MC from all of a facility's solvent cleaning
machines that are subject to the 1994 MACT standards (40 CFR Part 63,
subpart T). Under CAA section 112(f), EPA has the discretion to impose
residual risk standards on area sources regulated under generally
available control technologies (GACT). The area sources subject to GACT
in the halogenated solvent cleaning source category would not be
subject to today's proposed standards. These sources are cold batch
cleaners.
The proposed rule would require the owner or operator of each
facility to ensure that their facility-wide solvent emissions from all
halogenated solvent cleaning activities are less than or equal to the
solvent emission limits specified in the proposed options and
summarized in Table 1 of this preamble. This approach gives the owner
or operator of the facility the flexibility to choose any means of
reducing the facility-wide emissions of PCE, TCE, and MC to comply with
facility-wide emission limit. The proposed options are in addition to
the existing NESHAP requirements and, therefore, all requirements of
the existing NESHAP remain in place.
Table 1 shows two sets of facility-wide emission limits--option 1
and option 2. We are co-proposing both of these options and are
soliciting comment on which of these two options is most appropriate.
As can be seen in Table 1 of this preamble, each halogenated solvent
has an associated facility-wide emission limit. These limits are for
facilities that emit only a single halogenated solvent. If more than
one halogenated solvent is used, the owner or operator of the facility
must calculate the facility's weighted halogenated solvent cleaning
emissions using equation 1 and comply with the limit in the last row of
Table 1 of this preamble. Note that, depending on whether the CalEPA
URE or the OPPTS URE for PCE is used to derive the PCE limit, that
limit may be lower or higher. We request comment on the use of the
CalEPA URE, the OPPTS URE, or some other value in deriving the PCE
emission limit for the final rule.
Table 1.--Summary of the Proposed Facility-Wide Annual Emission Limits
------------------------------------------------------------------------
Proposed facility- Proposed facility-
wide annual wide annual
Solvents emitted emission limits in emission limits in
kg--option 1 kg--option 2
------------------------------------------------------------------------
PCE only........................ \a\ 3,200 \b\ \a\ 2,000 \b\
(26,700) (16,700)
TCE only........................ 10,000 6,250
MC only......................... 40,000 25,000
Multiple solvents--Calculate the 40,000 25,000
MC-weighted emissions using
equation 1.....................
------------------------------------------------------------------------
\a\ PCE emission limit calculated using CalEPA URE.
\b\ PCE emission limit calculated using OPPTS URE.
Equation 1:
(kgs of PCE emissions x A) + (kgs of TCE emissions x B) + (kgs of
MC emissions) = Weighted Emissions in kgs
We developed a method for facilities using multiple HAP solvents to
determine their emission limit by calculating their MC-equivalent
emissions using the toxicity-weighted equation above. In the equation,
the facility emissions of PCE and TCE are weighted according to their
carcinogenic potency relative to that of MC. Thus, ``A'' in the
equation is the ratio of the URE for PCE to the URE for MC, and the
``B'' in the equation is the ratio of the URE for TCE to the URE for
MC. The value of ``A'' is either 1.5 or 12.5, depending on whether we
use the OPPTS URE or the CalEPA URE for PCE. The value for ``B'' is
4.25. We believe there may be other approaches to arriving at emissions
alternatives for multiple HAP use and we request comment on the use of
the MC-equivalency method, or other possible calculation methods that
we should consider, when establishing emission limits for facilities
using more than one of the listed HAP solvents. We also request comment
on whether the OPPTS URE, the CalEPA URE or some other value should be
used in the implementation of the emission cap chosen for the final
rule.
Compliance with the emission limit is demonstrated by determining
the annual PCE, TCE, and MC emissions for all cleaning machines at the
facility. There is no additional equipment monitoring or work practice
requirements associated with the facility-wide annual emissions limit.
Annual emissions of these HAP are determined based on records of the
amounts and dates of the solvents added to cleaning machines during the
year, the amounts and dates of solvents removed from cleaning machines
during the year, and the amounts and dates of the solvents removed from
cleaning machines in solid waste. Records of the calculation sheets
showing how the annual emissions were determined must be maintained. A
facility will determine compliance with the standards by
[[Page 47676]]
comparing their annual MC-equivalent emissions versus the level in the
final rule.
We believe owners and operators currently have information
available to immediately determine if they would be in compliance with
today's proposed emissions limits. Current recordkeeping requirements
in 40 CFR subpart T section 63.467 require each owner and operator of
solvent cleaning machines to maintain, for 5 years, estimates of
solvent content and annual solvent consumption for each solvent
cleaning machine and any calculations showing how monthly emissions or
3-month rolling average emissions were calculated. Moreover, current
reporting requirements in 40 CFR subpart T Section 63.468 include an
initial notification report, an initial statement of compliance report,
annual compliance reports, and an exceedance report (required only when
an exceedance occurs). In the initial notification report, owners and
operators disclose an estimate of the annual halogenated HAP solvent
consumption for each solvent cleaning machine. Furthermore, owners and
operator submit annual reports that contain estimates of their solvent
consumption for each solvent cleaning machine used during the period.
We believe that there are multiple ways in which facilities could
comply with the proposed rule. Our analysis also shows that some
affected facilities can easily reduce emissions and risks through
solvent switching. Solvent switching, in this case, is switching from a
high risk solvent to one with lower health risks. Facilities can also
reduce emissions by reducing solvent use, and by using careful work
practices and traditionally available control options to further reduce
emissions. Increased diligence in controlling lids, installing
freeboard chillers, increased drying times, installing closed loop
systems, and increasing the freeboard ratio would allow the higher
emitting higher risk facilities to achieve compliance with this
proposed standard. The available information indicates that solvent
switching, vapor capture, maintenance, reduced solvent use and limiting
cleaning runs would be the primary components of any small decrease in
costs.
In summary, we are proposing two options that cap facility-wide
emissions at 40,000 and 25,000 kg/yr calculated as MC-equivalents.
III. Rationale for the Proposed Rule
A. What is our approach for developing residual risk standards?
Section 112(f)(2)(A) of the CAA states that if the MACT standards
for a source emitting a:
``* * * known, probable, or possible human carcinogen do not
reduce lifetime excess cancer risks to the individual most exposed
to emissions from a source in the category * * * to less than 1-in-
a-million, the Administrator shall promulgate [residual risk]
standards * * * for such source category.''
Halogenated solvent cleaning facilities subject to the proposed
amendments emit known, probable, and possible human carcinogens. The
docket for today's proposed rule contains documentation of the EPA's
determination that the risk to the individual most exposed to emissions
from halogenated solvent cleaning is expected to exceed 1-in-a-million.
Even if we were to quantitatively consider the uncertainty and
variability in the exposure and modeling assumptions used to derive our
estimate of the risk to the individual most exposed, such an analysis
is unlikely to change any decisions that would be made based on that
level of risk.
Following our initial determination that the individual most
exposed to emissions from the source category considered exceeds a 1-
in-a-million individual cancer risk, our approach to developing
residual risk standards is based on a two-step determination of
acceptable risk and ample margin of safety. We followed the Benzene
NESHAP approach in making CAA section 112(f) residual risk
determinations.\1\ Our approach for this source category is the same
approach outlined in the National Emission Standards for the Benzene
NESHP Final Rule, (54 FR 38044, September 14, 1989.
---------------------------------------------------------------------------
\1\ This is confirmed by the Legislative History to CAA Section
112(f); see, e.g., ``A Legislative History of the Clean Air Act
Amendments of 1990,'' vol. 1, page 877 (Senate Debate on Conference
Report) ``stating that: * * * the managers intend that the
Administrator shall interpret this requirement [to establish
standards reflecting an ample margin of safety] in a manner no less
protective of the most exposed individual than the policy set forth
in the ``Residual Risk Report to Congress, March 1999. EPA-453/R-99-
001, p. ES-11)''.
---------------------------------------------------------------------------
B. How did we estimate residual risk?
The EPA's ``Residual Risk Report to Congress'' (EPA-453/R-99-011)
provides the general framework for conducting risk assessments to
support decisions made under the residual risk program. The approach
used to assess the risks associated with our halogenated solvent
cleaning facilities is consistent with the technical approach and
policies described in the Residual Risk Report to Congress. Details of
the risk assessment performed in support of this proposal are presented
below and provided in the risk document in the rulemaking docket.
1. How did we estimate the emission and stack parameters for these
sources?
Three sources of data were used to characterize the source category
for the residual risk assessment: EPA's 1999 National Emissions
Inventory (NEI) database; a sample of MACT compliance reports obtained
from states and EPA regions; and information compiled from Clean Air
Act Title V permits. Together, these sources provided data for 2,672
unique cleaning machines at 1,167 unique facilities. The 1,167
facilities represent approximately 61 percent of the 1,900 total
facilities estimated to be in the source category.
The majority of the data, approximately 90 percent, were obtained
from the 1999 NEI database, (i.e., the NEI provided data on 1,093
facilities). The types of data obtained from the NEI database include
machine type (from SCC codes and unit descriptions), HAP emissions
data, and stack characteristics. The compliance reports collected for
the residual risk assessment provided information for 195 cleaning
machines at 96 facilities. The types of data obtained from the
compliance report include machine types, machines sizes, solvent
consumption rates, HAP emissions data, compliance options, and control
equipment choices. We gathered machine-specific data for continuous web
cleaning machines from Title V permits and other sources. These data,
which included 74 cleaning machines at seven facilities, were added to
the cleaning machine data obtained from compliance reports.
Halogenated solvent cleaning machines are co-located with many and
diverse types of industries. An analysis of MACT source category codes
in the 1999 NEI data found that approximately 74 percent of the 1,093
halogenated solvent cleaning sources in our database are co-located
with at least one other source category. Approximately 80 percent of
the halogenated solvent emissions from solvent cleaning machines
occurred at facilities where other source categories appeared to be co-
located. However, because of the diversity of co-located source
categories, this risk assessment evaluated the emissions coming from
the degreasing operations only and did not consider emissions of HAPs
that were identified
[[Page 47677]]
for co-located, non-degreasing operations.
The residual risk assessment used HAP emissions data from the
assessment database described above, (i.e., the 1,167 facilities).
These data were used to estimate the baseline residual risks for the
facilities in the category and to evaluate regulatory options developed
to look at further HAP emission reductions. Nearly all of the data
reflects actual emissions (details of how EPA estimated emissions are
discussed in the Risk Assessment for Halogenated Solvent Cleaning
Source Category {Risk Assessment Support Document{time} located in the
docket for this proposed rulemaking). In the few instances where we had
the data to estimate the MACT allowable emissions and to compare those
estimates with the emissions reported in NEI, the allowable emissions
were, on average, a factor of 2 higher.
Compliance with the 1994 MACT is accomplished using one of three
compliance options. Only two of the compliance options are based on a
numerical limit and would allow estimates of MACT allowable emissions
to be calculated if information on machine size were available. For
these compliance options, allowable emission rates may exceed actual
emissions. For the control equipment compliance option which does not
include a numerical emission limit, allowable emissions cannot be
estimated but could be considered equivalent to actual emissions.
Approximately 58 percent of the facilities in our assessment (i.e.,
those using the control equipment compliance option) would fall into
this category.
Data obtained from MACT compliance reports required processing to
prepare emissions rates for use in the residual risk assessment. The
types of data and level of detail in the compliance reports varied
depending upon which of the three MACT compliance options were chosen,
the specific report type available (e.g., initial notification report,
annual compliance reports) available, and the report format. To use as
much of the available information as possible, emission rate estimation
methods were developed for various combinations of available data (see
Appendix A in the Risk Assessment Support Document for details). These
methods were used to estimate actual emissions rates for each cleaning
machine. If more than one machine existed at a facility, the machine-
level emission estimates were added together to yield facility-level
totals.
NEI provides emission data for each HAP and emission point at a
source and are reported in kilograms per year. For the residual risk
assessment, NEI emission rates were used as obtained from NEI. No
further processing of the data (e.g., to standardized units) was
needed. However, total facility-level emissions were calculated for
each HAP when sources had multiple degreasing emission points (i.e.,
multiple degreasing machines).
To fully represent the national coverage of these sources, we
scaled results from the 1,167 facilities identified in our assessment
database to the 1,900 facilities currently estimated to be in the
source category. When this was done, the total estimated HAP emissions
from the source category were approximately 16,000 tons per year. These
emissions consist of 38 percent TCA, 35 percent TCE, 15 percent PCE,
and 12 percent MC. The total estimated carcinogenic HAP emissions (MC,
TCE and PCE) from the source category are approximately 9,700 tons/
year.
MC emissions in 1999 were just over 1,300 tons from about 218
facilities, while in 2002, about 400 tons were emitted from 194
facilities, representing about a 70 percent decrease in emissions.
About 11 percent of facilities using MC in 1999 ceased using MC or
ceased degreasing operations altogether.
In 1999, TCE emissions were 3,000 tons from about 320 facilities.
In 2002, TCE emissions had decreased 24 percent to 2,300 tons; however,
the number of facilities using TCE increased 10 percent to 357.
In 1999, PCE emissions were estimated at about 1,300 tons from
about 200 facilities, however by 2002, PCE emissions had increased
approximately 73 percent to about 2,200 tons. There was a 10 percent
drop in the number of facilities using PCE in 2002.
In 1999, about 3,700 tons of TCA were emitted from about 565
facilities. In 2002, TCA emissions were about 2,300 tons from 473
facilities, representing a 38 percent decrease in emissions and a 16
percent decrease in facilities using TCA.
In 1991, TCA dominated use with 62 percent of the halogenated
solvent degreasing demand. By 1998, the demand for TCA had decreased by
87 percent. In a critical period between 1991 and 2002, TCA was being
phased out while remaining stock-piles at facilities with non-essential
activities were being used until depleted. In the 2002 NEI, there were
decreases in emissions of TCA, MC and TCE (by about 1,400 tons, 900
tons, and 700 tons, respectively) compared to 1999 NEI). From 1999 to
2002, emissions of PCE increased 73 percent (by about 900 tons).
Overall emissions data for the total of all four HAP from 1999 to 2002
indicated a 23 percent reduction in total emissions and an 8 percent
decrease in the number of facilities.
Therefore, although it appears that between 1999 and 2002,
decreases in use of TCA, MC and TCE were partially offset by increases
in PCE use. This was due to switching HAP solvents, switching to other
non-HAP cleaning technologies, and elimination of solvent cleaning
altogether.
2. How did we estimate the atmospheric dispersion of emitted
pollutants?
A nationwide, multi-facility version of EPA's Human Exposure Model,
HEM-Screen, was used to assess chronic exposure and risk. HEM-Screen
contains an atmospheric dispersion model with meteorological data and
year 2000 population data at the census block level from the U.S.
Bureau of Census. HEM-Screen includes meteorological data for 348
stations across the U.S. The model selects the meteorological data for
the station closest to each facility and uses this to estimate long-
term (i.e., annual average or greater) ambient concentrations of
pollutant air emissions for nodes on a radial grid surrounding each
facility. HEM-Screen then estimates concentrations at individual census
block centroid locations within this grid from the modeled
concentration results for grid nodes.
For assessment of risk and hazard from chronic exposures, it was
assumed that the total annual emissions derived for each facility were
evenly distributed over the course of a year (i.e., a constant emission
rate).
Although the HEM-Screen model can accommodate source-specific
release parameters, the same values were used for stack height, stack
diameter, exit gas velocity, and exit gas temperature for all sources.
The release parameters used for the risk assessment were derived from
data obtained from the 1999 NEI. All emissions in the analysis were
modeled as point source releases emitted from vertical stacks. The 1999
NEI includes release parameters for approximately 611 (out of the
1,093) facilities. The arithmetic mean values for each parameter were
used in this analysis as representative values for stack height, stack
diameter, exit gas velocity, and exit gas temperature. A maximum
modeling radius of 20 km around each facility was used, and flat
terrain was assumed for all facilities (e.g., no complex terrain was
included in the modeling).
[[Page 47678]]
No adjustments were made to the estimated ambient concentrations
for reactivity of the HAPs being assessed. The exposures of most
interest for this chronic assessment (i.e., exposures that occur at the
point of maximum impact and other exposures that result in appreciable
cancer risks) occur in the immediate vicinity of the source and within
a short time period of release (i.e., minutes). Therefore, the impact
of reactivity of the HAPs is relatively insignificant in the context of
this exposure scenario.
3. How were cancer and noncancer risks estimated?
The residual risk analysis addresses halogenated solvent cleaning
machines subject to the 1994 MACT standards (40 CFR Part 63, subpart T)
and estimates potential risks due to HAP emissions from sources that
emit one or more of the regulated HAPs that are still used (i.e., MC,
PCE, TCE and TCA). The risk assessment did not include the HAPs carbon
tetrachloride and chloroform because their use was phased out in 1996.
The assessment only considered the inhalation pathway as the
primary route of exposure for humans because all of the four remaining
HAPs are highly volatile compounds. In addition, multimedia fugacity
modeling results indicate that the majority (over 99 percent) of each
of these four source category HAP partitions preferentially to air
rather than water, soil, or sediment (Risk Assessment Support
Document). Some persistent and bioaccumulative (PB) substances can also
pose human health risks via exposure pathways other than inhalation.
EPA has developed a list of PB HAPs based on information developed
under the Pollution Prevention Program, the Great Waters program, and
the Toxics Release Inventory and additional analysis conducted by
OAQPS. None of the four HAPs found in halogenated solvent cleaning
machine vapors are included on this list. Consequently, exposures to
these four HAPs via non-inhalation pathways were assumed to be minimal
for this source category, and a quantitative risk characterization for
multi-pathway exposures to humans was not carried out as a part of the
residual risk assessment.
We evaluated the potential for these HAPs to pose risks to the
environment by conducting a screening-level ecological risk assessment
for the baseline scenario. This assessment was intended to determine if
HAPs emitted from these facilities pose a risk to ecological receptors
including threatened and endangered species. The scope of the
ecological screen was based on the fact that the HAPs emitted are all
volatile and were shown to preferentially partition to air rather than
soil or water, (i.e., the majority of the HAPs emitted (over 99
percent) will remain in the atmosphere rather than deposit onto soil,
plants, or aqueous environments. A more detailed explanation of this
screening assessment may be found in the Residual Risk support
document.
The analysis estimated the potential for emissions from this source
category to result in increased cancer risk and chronic and acute
(i.e., one-hour) non-cancer hazard. Table 2 of this preamble outlines
the cancer and chronic non-cancer dose-response values we used on the
analysis.
Table 2.--Cancer and Chronic Non-Cancer Dose-Response Values
----------------------------------------------------------------------------------------------------------------
Chronic reference Cancer Unit Risk (URE)
concentration or (RfC) Estimate ([mu]g/m\3\)-1
HAP similar value (mg/m\3\) -------------------------
--------------------------
Value Source Value Source
----------------------------------------------------------------------------------------------------------------
Methylene Chloride.......................................... 1.0 ATSDR 4.7E-07 IRIS
Perchloroethylene........................................... 0.27 ATSDR 5.9E-06 CAL and
7.1E-07 OPPTS
Trichloroethylene........................................... 0.6 CAL 2.0E-06 CAL
1,1,1,-Trichloroethane...................................... 1.0 CAL - -
----------------------------------------------------------------------------------------------------------------
Notes:
Source: EPA's air toxics Web site at https://www.epa.gov/ttn/atw/toxsource/summary.html, table 1 (values for
assessing long-term inhalation risks) dated February 28, 2005. Specific source abbreviations: IRIS = EPA's
Integrated Risk Information System; ATSDR = Agency for Toxic Substances and Disease Registry: CAL = California
Environmental Protec