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On Friday, Dec. 17, the 6th Circuit Court of Appeals lifted the stay of the OSHA Test-or-Vaccinate Emergency Temporary Standard (ETS). This means the ETS, which applies to employers with 100 or more workers, is now effective.

However, a Labor Department spokesperson says OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard's testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard.

More Legal Battles?

Several groups have already filed a petition with the U. S. Supreme Court for an emergency stay of the rule. We expect a quick ruling, but we don't know a specific date, or what the end result will be. So for now, the ETS is in effect ... with a grace period for employers to come into compliance.

Covered employers are advised to start preparing for the rule, and to track the Supreme Court litigation closely.

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Most Recent Highlights In Environmental

Our Nation’s air ─ A recap of 2023
2024-09-30T05:00:00Z

Our Nation’s air ─ A recap of 2023

Implementation of the Clean Air Act in 1970 has fueled impressive long-term emissions reductions, improving the air we breathe. Still, approximately 140 million Americans live in counties where air quality concentrations are above set levels. While long-term trends continue to improve, the EPA states that there’s still work to be done.

Continued emissions reduction

The Clean Air Act requires the EPA to set National Ambient Air Quality Standards (NAAQS) for six principal pollutants called criteria air pollutants, which can be harmful to public health and the environment.

Between 1970 and 2023, the combined emissions of these criteria pollutants have dropped by 78%. This is of particular significance due to the continued growth of the US economy by 320% over that same period of time. Since 1990, air pollutant concentrations of these six key pollutants have declined as follows:

  • Carbon Monoxide (CO) 8-Hour is down 79 percent.
  • Lead (Pb) 3-Month Average is down 87 percent (since 2010).
  • Nitrogen Dioxide (NO2) Annual is down 62 percent.
  • Nitrogen Dioxide (NO2) 1-Hour is down 55 percent.
  • Ozone (O3) 8-Hour is down 18 percent.
  • Particulate Matter 10 microns (PM10) 24-Hour is down 29 percent.
  • Particulate Matter 2.5 microns (PM2.5) Annual is down 37 percent (since 2000).
  • Particulate Matter 2.5 microns (PM2.5) 24-Hour is down 29 percent (since 2000).
  • Sulfur Dioxide (SO2) 1-Hour is down 92 percent.

Effects on health and the environment

The link between air pollution and these criteria air pollutants contributes to a variety of health problems and impacts on the environment. Breathing elevated levels of CO can decrease the amount of oxygen reaching a person's organs and tissues. Lead exposure can harm the development of children, leading to lower IQs, learning deficits and behavioral problems. Short-term exposure to NO2 can aggravate asthma and other respiratory diseases. The environmental effects of ozone include damage to vegetation by injuring leaves, which reduces photosynthesis, therefore impairing growth and decreasing crop yields. Particulate matter in the air is the main cause of reduced visibility in parts of the U.S. It can settle on soils and surface waters, which can change the pH, deplete nutrients, and negatively affect ecosystems.

Actions being taken

The EPA and states continue to track emissions data from industry, state, tribal, and local agencies from sources in their jurisdictions, including:

  • Highway vehicles;
  • Industrial and other processes (e.g., smelters, refineries, and dry cleaners);
  • Non-road mobile sources (e.g., recreational and construction equipment, marine vessels, aircraft and locomotives); and
  • Stationary fuel combustion sources (e.g., electric utilities and industrial boilers).

The government continues to invest in climate pollution action efforts to improve the economic and public health of those living in the country, including:

  • Creating rules to reduce methane emissions from oil and natural gas operations,
  • Updating pollution standards for the transportation industry,
  • Establishing greenhouse gas standards for heavy-duty vehicles,
  • Implementing standards for existing coal-fired and natural gas-fired power plants,
  • Investing in infrastructure, and
  • Working to embed environmental justice in all of EPA’s work.

Key to remember: While long-term trends continue to show an improvement in the air we breathe, the EPA states that there’s still work to be done.

EPA extends 2024 Chemical Data Reporting deadline
2024-09-25T05:00:00Z

EPA extends 2024 Chemical Data Reporting deadline

The Environmental Protection Agency (EPA) has extended the submission period for the Chemical Data Reporting (CDR) report. The submission period opened on June 1, and EPA has pushed the submission deadline from September 30 to November 22, 2024.

Who’s impacted?

Under the Toxic Substances Control Act (TSCA), EPA’s CDR rule requires manufacturers (including importers) of chemicals on TSCA’s Chemical Substance Inventory to report information on the production and use of the chemicals in commerce if they meet certain production volume thresholds at any one site.

Why the delay?

The deadline extension is due to technical errors with e-CDRweb, the electronic reporting tool on EPA’s Central Data Exchange system that reporters use to submit the CDR report (Form U). The specific issue only impacts submissions with multiple confidential business information (CBI) claims for chemical identity.

The tool’s copy function fails to properly capture the substantiations submitted by facilities making multiple CBI claims, leaving out some of the questions and answers. Additionally, it doesn’t let submitters who used the copy function add the missing information.

EPA expects to fix the reporting tool by the end of September.

About the 2024 CDR report

The CDR report is submitted to EPA every four years. The 2024 CDR report covers activities that occurred between the calendar years 2020 and 2023. Note that this extension applies only to the 2024 CDR submission period.

Key to remember: Due to technical difficulties with the electronic reporting tool, EPA has extended the 2024 Chemical Data Reporting submission deadline to November 22, 2024.

3 compliance agencies dubbed hardest nuts to crack, per healthcare poll
2024-09-24T05:00:00Z

3 compliance agencies dubbed hardest nuts to crack, per healthcare poll

It’s no secret that the healthcare industry is swamped by government requirements from a host of federal, state, and local agencies. New survey results put three agencies in a near tie for the “greatest compliance challenge” category for leaders, managers, and others in healthcare.

Two of the agencies may be no surprise — the Centers for Medicare & Medicaid Services (CMS), and the Centers for Disease Control and Prevention (CDC). However, some might be taken aback to learn that the Occupational Safety and Health Administration (OSHA) ranked just as challenging to comply with for the healthcare industry.

The lion’s share of the attention in healthcare has long been on patient care and safety. Therefore, to discover that OSHA — a worker safety and health agency — weighed in as a huge pain point with the other two agencies should raise eyebrows.

Survey data

An August 2024 survey report from the J. J. Keller Center for Market Insights recently tapped 220 professionals from healthcare. This included respondents from clinics/offices; hospitals; ambulatory, nursing, and home care services; outpatient facilities; behavioral health services; medical/dental labs; and other healthcare service types.

As stated, the CMS, CDC, and OSHA each took over 20 percent of the findings in answer to the question, “What government entity’s standards pose the greatest compliance challenge(s) to your organization?” Together, these three stand out from any others for that survey question. In total, they racked up 75 percent of the results!

Other agencies and organizations made up another 10 percent in aggregate, while “none of the above” garnered 14 percent.

Healthcare is dogged by OSHA

OSHA’s mission is “to assure America’s workers have safe and healthful working conditions.” While patient safety is not part of that mission, worker safety and health efforts can spill over into that space. For example, ensuring that workers have proper means of egress and fire protections relates to patient safety. In fact, patient safety efforts may not succeed without safe healthcare workers.

OSHA requires private-sector healthcare employers to provide workers with a safe and healthful work setting free of known serious hazards. The agency has over 1,600 pages of regulations covering general industry, and that includes healthcare. These regulations are complex, but healthcare employers must comply with all applicable requirements.

Healthcare organizations have well over 100 applicable OSHA regulations. The top-cited OSHA regulations for hospitals in fiscal year 2023 include:

  1. 29 CFR 1910.134, Respiratory Protection;
  2. 29 CFR 1910.1030, Bloodborne Pathogens; and
  3. 29 CFR 1910.147, Lockout/tagout.

OSHA’s Healthcare topic page also showcases regulations for personal protective equipment, formaldehyde, ethylene oxide, ionizing radiation, chemical hazard communication, and laboratories.

Yet, the agency’s reach can go beyond regulations. Hazards related to ergonomics, workplace violence, and infectious diseases may be cited. The citations point to section 5(a)(1) of the Occupational Safety and Health Act, which calls for worker protections from serious, recognized hazards. Also, OSHA officers follow the agency’s “Inspection Guidance for Inpatient Healthcare Settings,” which targets lifting-related musculoskeletal disorders, workplace violence, tuberculosis, and other hazards.

OSHA and state-plan state inspections are unannounced — they can happen at any time! In addition, an OSHA penalty can reach over $161,000 per violation.

Industry hit by worker injuries/illnesses

Statistics show that healthcare settings are hazardous places to work! The injury/illness incidence rates for hospitals and nursing and residential care facilities are higher than in the construction industry!

Note that the Bureau of Labor Statistics reveals that the leading injury/illness events with days away from work in hospitals in 2021 and 2022 were:

Because of the severity of some injuries/illnesses and the potential for a worker to suffer one, it’s critical to meet OSHA regulations and beyond. Worker injuries/illnesses come at a high cost that most healthcare facilities likely cannot afford.

The good news is OSHA compliance can lead to a marked decline in worker injuries/illnesses. Even accreditation organizations like The Joint Commission expect to see compliance with applicable OSHA regulations. That’s because meeting OSHA worker safety and health regulations has been discovered to have a positive effect on patient safety. A stable workforce with few worker injuries/illnesses creates a setting conducive to patient confidence and satisfaction.

Where to start

OSHA has resources such as a small business handbook, quick start page, and Hospitals eTool. However, given the importance of OSHA compliance and the challenges it poses to healthcare, it may be wise to have a third party do a comprehensive OSHA compliance audit of each healthcare facility. This is particularly true if leadership is new to workplace safety or does not have the in-house expertise. This baseline may help the facility spot the major hazards and flag OSHA requirements for the site.

The agency recommends that employers conduct compliance inspections at least quarterly. This would be more often if conditions change frequently.

Key to remember

OSHA, along with the CMS and CDC, top the list of compliance challenges for healthcare. A third-party audit or inspection may help these facilities get a handle on the requirements.

How to conduct 3 types of solid waste assessments
2024-09-24T05:00:00Z

How to conduct 3 types of solid waste assessments

No organization wants to throw away the chance to improve operational efficiency. Yet, many businesses unknowingly discard such opportunities by overlooking a process that happens every day: nonhazardous (solid) waste management. That’s where a waste assessment comes in; it’s a tool that can help your facility avoid wasted opportunities.

Why conduct a solid waste assessment?

The ultimate goal of a solid waste assessment is to achieve operational efficiency by cutting the amount of waste a facility generates and improving management practices for waste that can’t be eliminated. As a result, facilities send less waste to landfills (minimizing environmental impact) and require fewer resources for waste management (cutting costs).

Through a waste assessment, your facility can:

  • Evaluate waste streams (i.e., the flow of waste from creation to disposal),
  • Analyze current waste management processes (including sorting, storing, and disposing methods), and
  • Identify ways to improve waste management (such as modifying products or recycling).

Types of solid waste assessments

The Environmental Protection Agency (EPA) identifies three leading methods for conducting waste assessments: records examinations, walkthroughs, and sorts.

Records examinations

A records examination answers two questions: How does your facility remove solid waste (landfill vs. recycling), and how much does it cost your facility to remove it?

First, calculate the total amount of waste removed (typically in pounds) and total costs for:

  • Collection (conducted via a contractor or internally),
  • Container and dumpster rentals,
  • Removal (e.g., flat, per-weight/volume, or per-pull fees), and
  • Disposal, including landfill tipping fees (if applicable).

Next, using the same measurement units, sum up the number of recyclables collected and recycling costs for:

  • Collection (conducted via a contractor or internally),
  • Container and dumpster rentals,
  • Removal (e.g., flat, per-weight/volume, or per-pull fees), and
  • Revenues for each product or material (if applicable).

Finally:

  • Subtract the total weight of recyclables collected from the total weight of all waste removed to determine the total weight of waste sent to landfills, and
  • Subtract the total recyclables costs from the total waste costs to determine the various costs for landfill wastes (e.g., total waste collection costs – total recyclables collection cost = total landfill collection costs).

Facility walkthroughs

A facility walkthrough requires physical observation of the processes that generate waste and the types of waste they create.

Each facility can tailor the walkthrough process to its unique objectives. However, effective walkthroughs generally incorporate these elements:

  • Alert the department leaders of upcoming walkthroughs.
  • Interview workers in each walkthrough area. Employees can ask questions about waste management processes, and you can ask for valuable input from those directly involved.
  • Ask whether variations occur in the waste generated (e.g., increased waste during delivery days) and if any new equipment or procedures will affect the waste created.
  • Identify current waste-reduction efforts.
  • Look for processes that generate unnecessary waste.
  • Include waste generated by maintenance operations.

Waste sorts

Sometimes, the most effective assessment requires a hands-on approach, and that’s what a waste sort delivers. It enables you to estimate how much each type of waste contributes to the total amount of generated waste.

  1. Gather a representative sample of waste, such as daily waste generated.
  2. Sort the waste into major categories, like paper, plastics, etc.
  3. If applicable, sort the major categories into subcategories, such as glass by color.
  4. Weigh each container of waste.

Remember to weigh the containers when they’re empty. Subtract the weight of the empty containers from the weight of waste to obtain each subcategory’s net component weight. Add these measurements to obtain the total weight of waste generated.

Which waste assessment method is best for your facility?

The “right” waste assessment is unique to each facility. You can use one method or a combination. When selecting the waste assessment(s) to use, consider these factors:

  • What type of data do you need? Should the assessment provide quantitative data (e.g., the weight of waste produced), qualitative data (e.g., how the waste is produced), or both?
  • What types of waste do you want to assess? Do you want to look at just one or multiple kinds?
  • What’s the scope of your assessment? Do you want to target a specific process, one or more departments, or the entire facility?
  • What resources are available? How much time and manpower can you allocate toward conducting an assessment?

Key to remember: Waste assessments help facilities improve operational efficiency by identifying ways to reduce waste and enhance waste management practices.

Reclassification of major sources to area sources rule paves the way for cleaner air and streamlined compliance
2024-09-23T05:00:00Z

Reclassification of major sources to area sources rule paves the way for cleaner air and streamlined compliance

The "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act” rule allows certain major sources to reclassify as area sources under specific conditions. The reclassification process typically involves a review of the source's emissions profile, its location within a specific air quality nonattainment area, and other relevant factors. If it’s determined that a major source isn’t making a substantial contribution to air quality problems, it may be eligible for reclassification as an area source. Under this rule (finalized on August 30, 2024), the Environmental Protection Agency (EPA) allows a major source of hazardous air pollutants (HAPs) to reclassify as an area source after acting to limit emissions under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. However, sources of persistent and bioaccumulative HAPs listed in Clean Air Act (CAA) Section 112(c)(6) must continue to comply with certain major source emission standards under Sections 112(d)(2) or 112(d)(4) even if these sources reclassify as area sources.

The seven persistent and bioaccumulative HAPs include:

  • Alkylated lead compounds,
  • Polycyclic organic matter (POM),
  • Mercury,
  • Hexachlorobenzene,
  • Polychlorinated biphenyls (PCBs),
  • 2,3,7,8-tetrachlorodibenzofurans (TCDF), and
  • 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD).

The following subparts are included in the list of NESHAPs (see 40 CFR 63.1(c)(6)(iii)) that cannot be avoided through reclassification:

  • Subpart FFFF (miscellaneous organic chemical manufacturing),
  • Subpart JJJJ (paper and other web coating),
  • Subpart MMMM (surface coating of miscellaneous metal parts and products),
  • Subpart PPPP (surface coating of plastic parts and products),
  • Subpart ZZZZ (stationary reciprocating internal combustion engines),
  • Subpart CCCCC (coke oven pushing, quenching, and battery stacks),
  • Subpart DDDDD (boilers and process heaters),
  • Subpart FFFFF (iron and steel manufacturing facilities),
  • Subpart IIIII (mercury cell chlor-alkali plants),
  • Subpart LLLLL (asphalt processing and roofing manufacturing),
  • Subpart YYYYY (area source electric arc furnace steelmaking facilities),
  • Subpart JJJJJJ (area source boilers), and
  • Subpart EEEEEEE (area source gold mine ore processing and production ).

Implications for reclassified facilities

• Continued compliance: Facilities that have already reclassified from major to area source status and fall under one of the listed subparts will need to continue to comply with the associated maximum achievable control technology (MACT) requirements, including monitoring, recordkeeping, testing, and reporting. MACT standards are performance criteria that apply to major sources.

• Potential challenges: Reclassification may have been a strategy to reduce regulatory burden. However, the new limitations could increase the compliance costs and operational challenges for affected facilities.

Exemptions and uncertainties

• Stationary combustion turbines: The NESHAP for stationary combustion turbines isn’t included in the list of affected subparts, providing some relief for facilities using this technology.

• Retroactive applicability: The final rule doesn’t specifically address whether the effective date of reclassification is the revised permit, notification to EPA or date of change in potential emissions. This uncertainty could impact facilities that have recently reclassified.

Overall, the new reclassification limitations will have significant implications for facilities operating under the affected NESHAP subparts. It’s essential for affected facilities to carefully review the specific requirements and consider the potential impacts on their operations.

Key to remember: EPA finalized requirements for sources that reclassify from major source status to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program. Sources subject to certain major source NESHAPs for seven specific pollutants must remain subject to those NESHAPs even if the sources reclassify to area source status.

See More

Most Recent Highlights In Transportation

Reclassifying facilities must keep stricter emission standards for 7 HAPs
2024-09-16T05:00:00Z

Reclassifying facilities must keep stricter emission standards for 7 HAPs

A final rule issued by the Environmental Protection Agency (EPA) in September 2024 requires facilities that reclassify from major to area source status under the National Emission Standards for Hazardous Air Pollutants (NESHAP) program to continue to meet the major source emission standards for seven persistent and bioaccumulative hazardous air pollutants (HAPs).

Who does this impact?

The final rule applies to facilities subject to any of the seven major source NESHAPs that reclassify from major to area source status. The major and area source categories differ based on the emissions and/or potential to emit (PTE) certain hazardous air pollutants. Major sources emit or have the PTE:

  • 10+ tons per year of one HAP, or
  • 25+ tons per year of a combination of HAPs.

Area sources are facilities with actual and/or potential emissions below these thresholds.

Which HAPs are affected?

The final rule targets seven HAPs:

  • Alkylated lead compounds,
  • Hexachlorobenzene,
  • Mercury,
  • Polychlorinated biphenyls (or PCBs),
  • Polycyclic organic matter (or POM),
  • 2,3,7,8-tetrachlorodibenzofurans (or TCDR), and
  • 2,3,7,8-tetrachlorodibenzo-p-dioxin (or TCDD).

What are the notification changes?

The final rule also made minor adjustments to the reclassification notification requirements. Specifically, the agency clarifies that facilities must:

  • Submit reclassification applications electronically through the Compliance and Emissions Data Reporting Interface on EPA’s Central Data Exchange, and
  • Include the required information listed at 40 CFR 63.9(j)(1)–(4).

EPA also added electronic submission procedures for confidential business information.

Key to remember: Facilities that reclassify from major to area source status under EPA’s NESHAP program must continue complying with the major source emission standards for seven hazardous air pollutants.

Guide to underground storage tank financial requirements
2024-09-13T05:00:00Z

Guide to underground storage tank financial requirements

With great hazards comes great financial responsibility. This certainly applies to owners and operators of underground storage tanks (USTs). The Environmental Protection Agency (EPA) requires most UST owners or operators to show that they have the financial resources to take corrective actions should an accidental leak happen.

When a UST leaks, the substance can leach into the soil and contaminate groundwater, which supplies drinking water for nearly half of Americans. Leaks also pose risks of fire and explosions. With funds prepared in advance, owners and operators can start cleanups sooner and, therefore, reduce the risk of harm to human health and the environment.

Who’s covered, and what’s covered?

The financial responsibility regulations (40 CFR Part 280 Subpart H) apply to owners or operators of USTs that store petroleum. Owners or operators must show that they have the financial ability to pay for:

  • Cleanup costs,
  • Corrective actions to address environmental damage, and
  • Third-party injuries and property damage.

If the owner and operator are different individuals, it’s up to the organization to decide whether the owner or operator demonstrates financial responsibility. However, it’s important to note that both parties are liable for noncompliance.

What’s the amount of coverage required?

The amount of financial coverage required depends on your type of business, the throughput (i.e., the volume of petroleum loaded into or dispensed from the tank), and the number of USTs.

Type of business

EPA categorizes the types of businesses into two groups:

  • Petroleum producers, refiners, and marketers (i.e., those who sell gasoline to the public, like service stations); and
  • Nonmarketers (i.e., those who use petroleum only for internal operations, such as fleet operators).

Owners or operators must have both per-occurrence coverage (the total cost of one leak) and annual aggregate coverage (the total cost of all leaks that might occur in a year).

Throughput

A UST’s throughput determines the per-occurrence coverage:

  • Regardless of throughput, petroleum producers, refiners, and marketers must have $1 million of per-occurrence coverage.
  • Nonmarketers must have $500,000 of per-occurrence coverage if monthly throughput is 10,000 gallons or less. If monthly throughput exceeds 10,000 gallons, nonmarketers must have $1 million of per-occurrence coverage.

Number of USTs

The same thresholds for aggregate coverage apply to both types of businesses:

  • Owners or operators must have $1 million in aggregate coverage if they have no more than 100 USTs.
  • Owners or operators must have $2 million in aggregate coverage if they have more than 100 USTs.

What are the methods for demonstrating financial responsibility?

Owners or operators may show their financial responsibility through one or a combination of the methods detailed at 280.95–280.103. The method(s) you choose must cover all costs (cleanup, corrective actions, and third-party liability) and meet the required coverage amount.

The table lists the top advantages and disadvantages to consider for each method.

UST financial responsibility methods
MethodProCon
Financial testsLeverage existing assets without incurring extra costsRequires tangible net worth of at least $10 million
GuaranteesLeverage existing business relationship with another firmProvider must pass a financial test
Insurance and risk retention group coverage Expand existing insurance policyRequires additional costs (premiums, deductibles, etc.)
Surety bondsTypically, more cost-effective (requires minimum premium payment)May have to pay back the full bond amount as well as interest and fees
Letters of creditCustomizable terms and conditionsRequires additional costs (namely, service fees)
State fund or other state assurancesFinancial help for cleanup and third-party liability costsMay pay only part of the costs or require a deductible
Trust fundsCustomizable terms and conditionsGenerally, must pay the full aggregate amount upfront and additional costs (fees, taxes, etc.)
Standby trust fundsTypically, don’t have to pay upfront to establish the fundRequires additional costs to run the trust
*State-required methods*You may use any state-required methods approved by the regional administrator.

What happens if a financial assurer cancels my coverage?

Financial assurance providers may cancel or not renew your assurance. EPA requires assurers to notify the UST owner or operator before terminating coverage:

  • Insurance or risk retention coverage (except for nonpayment or misrepresentation) and state-funded assurance may not stop until at least 60 days after notification.
  • Guarantees, surety bonds, and letters of credit may not stop until at least 120 days after notification.

Generally, you must establish alternate coverage within 60 days of learning that your financial assurer will stop coverage.

Check your state’s regulations!

The regulations for tanks in a state with EPA approval to implement a state UST program may differ from federal rules. USTs in a state without EPA state program approval are subject to federal and state requirements.

Key to remember: EPA regulations require underground storage tank owners or operators to prove they can cover the financial costs of an accidental leak.

EHS Monthly Round-Up - August 2024

EHS Monthly Round-Up - August 2024

In this August 2024 roundup, we'll review the most impactful environmental, health, and safety news.

Hi everyone! Welcome to the monthly news roundup video, where we’ll review the most impactful environmental, health, and safety news. Please view the content links in the transcript for more information about the topics I’ll be covering today. Let’s get started!

Two State Plan agencies allegedly provided advance notice of workplace inspections to employers, a practice that’s prohibited under the Occupational Safety and Health Act. Now, lawmakers have requested that the Department of Labor’s acting secretary address the allegations and explain what challenges OSHA faces when monitoring and enforcing State Plan compliance.

A recent study shows jobs in agriculture, forestry, fishing, and hunting are among California’s most dangerous, accounting for the highest number of fatalities among full-time workers. Transportation and utilities jobs ranked second and construction was third.

Remote isolation of process equipment can quickly stop the release of hazardous materials, which can help prevent fatalities and injuries, limit facility damage, and better protect communities and the environment. A U.S. Chemical Safety Board study explores their use and makes recommendations for their utilization in chemical facilities.

A National Safety Council report explores the role of diversity, equity, and inclusion on work-related musculoskeletal disorders, or MSDs. MSDs are the most common workplace injury and often lead to worker disability, early retirement, and employment limitations.

And finally, turning to environmental news, EPA published a final rule that revises its hazardous waste export manifest regulations. All hazardous waste shipments and manifest-related reports will be managed electronically through the agency’s e-Manifest program.

Thanks for tuning in to the monthly news roundup. We’ll see you next month!

Expert Insights: What's an environmental incident?
2024-09-06T05:00:00Z

Expert Insights: What's an environmental incident?

Yes, this includes traditional spills and releases. But have you considered looking beyond that? It can be beneficial to evaluate all types of environmental situations in your compliance programs that warrant tracking, corrective action, and, sometimes, reporting.

First, identify how your organization defines environmental incidents. You may decide it includes a wide range of environmental events or is very narrow in focus. For example, determine if it makes sense to include only releases that trigger regulatory reporting or if there’s a lower reporting threshold that’s more appropriate. If you track and investigate small spills, determine to what level they’re addressed.

If your organization has multiple locations, does it make sense to establish one set of rules for environmental incidents? Or does it create a stronger program to set different criteria and thresholds for each site or group of locations? I recently worked with a customer who operates three beverage manufacturing facilities and a dozen distribution centers. Because the risks and materials were different enough, it made sense for the customer to create distinct internal reporting criteria for each type of facility.

Also, consider the potential value of tracking and recording spills or leaks that occur inside buildings. These typically aren’t reportable, so you may be wondering why you should bother. There are many benefits to recording inside spills and leaks. I’ve worked with some environmental incident programs that effectively used this tracking as a leading indicator. Plus, you can see trends in equipment maintenance, operation, and housekeeping that, if adjusted, can help prevent similar incidents from occurring outside that would be reportable and could have a negative environmental impact. Identifying and investigating indoor spills can be an important component of employee safety as well.

Administrative program pieces are less commonly associated with an “incident,” but they should be considered. These incidents can fall under the radar, but most environmental enforcement actions are related to administrative incidents. Missed recordkeeping, missed reporting deadlines, and incomplete reports are all areas that trigger violations.

Clearly defining when something is and isn’t officially considered an incident helps you maintain a strong and compliant environmental program.

Characteristic hazardous wastes: When actions speak louder than lists
2024-08-20T05:00:00Z

Characteristic hazardous wastes: When actions speak louder than lists

“Actions speak louder than words.” You can apply this expression to hazardous waste with a minor revision: “Actions speak louder than lists.” Even if a solid waste isn’t on any of the Environmental Protection Agency’s (EPA’s) hazardous waste lists, it may still be considered hazardous based on how it acts.

The Resource Conservation and Recovery Act (RCRA) requires all businesses to determine whether the waste generated is hazardous. If it’s a hazardous waste, it’s subject to the RCRA Subtitle C hazardous waste management regulations.

A waste is hazardous if:

  • It appears on any of the four lists at 40 CFR Part 261 Subpart D (called a listed waste),
  • It exhibits one or more of four hazardous characteristics (called a characteristic waste), or
  • Both.

Whether or not it’s a listed waste, you must determine if each waste you produce is a characteristic waste.

Characteristic hazardous wastes

Let’s take a closer look at each of the four hazardous waste characteristics.

1. Ignitability

Ignitable wastes are easily combustible or flammable. They include:

  • Liquids with flash points below 60 degrees Celsius;
  • Non-liquids that can cause fire under standard temperature and pressure through friction, absorption of moisture, or spontaneous chemical changes;
  • Ignitable compressed gases; and
  • Oxidizers.

Common ignitable wastes are paints and degreasers.

2. Corrosivity

Corrosive wastes dissolve metals and other materials. Such wastes include:

  • Aqueous wastes with a pH of:
    • Less than or equal to 2, or
    • Equal to or greater than 12.5.
  • Liquid wastes that corrode steel under certain conditions.

Examples are rust removers, certain cleaning fluids, and battery acid.

3. Reactivity

Reactive wastes are unstable wastes that can react rapidly and/or violently when mixed with other materials. These include:

  • Wastes that are normally unstable and can easily undergo violent changes without detonating;
  • Wastes that react violently with water;
  • Wastes that form potentially explosive mixtures with water;
  • Wastes that give off dangerous amounts of toxic gases, vapors, or fumes when:
    • They’re mixed with water, or
    • They contain cyanide or sulfide and are exposed to pH conditions between 2 and 12.5.
  • Wastes that can detonate or have an explosive decomposition or reaction at standard temperature and pressure;
  • Wastes that can detonate or have an explosive reaction when subject to a strong initiating source or heated under confinement; and
  • Wastes considered forbidden explosives or Division 1.1, 1.2, or 1.3 explosives (per Part 173).

Bleach, peroxide, and lithium-sulfur batteries are considered reactive.

4. Toxicity

Toxic wastes have contaminants that are harmful or fatal through ingestion or skin contact. Improper disposal of toxic wastes can pollute groundwater.

Wastes with any of the contaminants in concentrations at or above the regulatory level specified in the regulations (261.24) are designated as toxic.

Cadmium, lead, and mercury are examples.

Is it a characteristic waste?

The RCRA hazardous waste identification process requires you to determine whether a waste is listed and if it has any hazardous characteristics. That means that regardless of whether the waste is listed, you must determine if the waste has one or more hazardous characteristics.

You may determine if a waste has any hazardous characteristics by:

  • Applying acceptable knowledge defined at 262.11(d)(1), and/or
  • Testing the waste via approved methods (required when you can’t make a determination based on the available information).

Characteristic hazardous wastes comparison table

Use the RCRA Characteristic Hazardous Wastes table as a helpful reference when determining whether a waste has hazardous characteristics.

RCRA Characteristic Hazardous Wastes
Ignitable wasteCorrosive wasteReactive wasteToxic waste
DescriptionEasily catches fire and sustains combustionReadily dissolves metal and other materialsQuickly reacts violently or explodesExcessively leaches dangerous contaminants
EPA Hazardous Waste Number(s)D001D002D003D004–D043*
Approved SW-846 Test Methods
  • 1010B
  • 1020C
  • 1030
  • 9040C
  • 1110A
  • None
  • 1311
Regulation (40 CFR Part 261)261.21261.22261.23261.24
* “Table 1 — Maximum Concentration of Contaminants for the Toxicity Characteristic” at 261.24 lists the EPA Hazardous Waste Number for each contaminant.

Consider these RCRA reminders when designating waste:

  • Designate solid waste (defined at 261.2) at the point it’s generated before diluting, mixing, or otherwise altering it.
  • Use all relevant EPA Hazardous Waste Numbers for compliance with applicable RCRA notification, recordkeeping, and reporting requirements.
  • Evaluate every waste for hazardous characteristics, even for listed wastes.

All nonexempt characteristic hazardous waste that your facility generates is subject to RCRA’s Subtitle C hazardous waste management requirements.

Key to remember: Wastes that exhibit any of the four hazardous characteristics (ignitability, corrosivity, reactivity, and toxicity) are subject to RCRA Subtitle C regulations.

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Most Recent Highlights In Safety & Health

Industrial wastewater discharges: NPDES permits get to the point (source)
2024-08-05T05:00:00Z

Industrial wastewater discharges: NPDES permits get to the point (source)

The Environmental Protection Agency (EPA) limits the pollutants in industrial wastewater that facilities can release through the National Pollutant Discharge Elimination System (NPDES) Program. Any facility that discharges pollutants directly into the waters of the United States must obtain an NPDES permit.

Each permit lists the quantity, discharge rate, and concentration discharge limits for each pollutant (known as effluent limitations). The permit also covers monitoring and reporting requirements, applicable special conditions (like compliance schedules), and standard conditions that apply to all permits. States typically issue NPDES permits. EPA issues the federal permit, called the Multi-Sector General Permit (or MSGP), for just a handful of states and territories.

Does my facility require an NPDES permit?

The federal regulation at 40 CFR 122.1(b)(1) states that the NPDES program requires permits for the discharge of “pollutants” from any “point source” into “waters of the United States."

To determine whether your facility requires a permit, answer the following three questions.

Does the facility discharge covered pollutants?

The NPDES permit covers any kind of industrial, municipal, and agricultural waste that’s discharged into waters of the United States. It encompasses:

  • Conventional pollutants, such as oil and grease;
  • Nonconventional pollutants, like phosphorus; and
  • Toxic pollutants, including solvents and metals.

EPA’s regulatory definition of “pollutants” (122.2) includes solid waste, sewage, chemical wastes, heat, rock, and more. However, it excludes sewage from vessels as well as certain materials injected into wells for oil or gas production and water derived from oil or gas production that’s disposed of in a well.

If your facility releases pollutants through its wastewater, the next factor to consider is how it discharges the pollutants.

Is the facility a point source?

A “point source” is defined at 122.2 as “any discernible, confined, and discrete conveyance … from which pollutants are or may be discharged.” It doesn’t include return flows from irrigated agriculture or agricultural stormwater runoff.

In clearer terms, a point source is a specific, identifiable source that discharges pollutants directly into a waterbody, like an industrial facility. Examples of points of discharge are pipes, ditches, tunnels, wells, and containers.

What if your facility discharges wastewater pollutants to a publicly owned treatment works facility? In this case, your facility is considered a non-point source (or indirect discharger) and must meet the requirements of the NPDES National Pretreatment Program.

Does the facility discharge into waters of the United States?

EPA’s current regulations define “waters of the United States” at 120.2. However, ongoing litigation has muddied the implementation of the current definition.

Here’s a general timeline of the definition’s changes:

  • January 2023 — EPA and the Department of the Army updated the definition (Revised Definition of “Waters of the United States” rule).
  • May 2023 — The U.S. Supreme Court’s decision in Sackett v. EPA (Case No. 21—454) made parts of the Revised Definition of “Waters of the United States” rule invalid.
  • August 2023 — The agencies amended the Revised Definition of “Waters of the United States” rule to conform it to the Supreme Court’s decision. The final rule (Revised Definition of “Waters of the United States, Conforming” rule) took effect in September 2023.

Currently, EPA implements the definition according to the Revised Definition of “Waters of the United States, Conforming” rule in 23 states, the District of Columbia, and the U.S. territories. In the remaining 27 states, EPA implements the pre-2015 definition and interprets it consistently with the Sackett v. EPA decision.

Make sure to confirm with your state’s wastewater permitting agency which definition of waters of the United States applies to your facility.

If you answer “yes” to all three questions, your facility must obtain an NPDES permit.

What’s next?

Now that you’ve determined your facility needs an NPDES permit, it’s time to apply for one:

  • Connect with the state water permitting agency (or EPA if the state isn’t authorized to issue permits) to confirm that your facility requires a permit and determine what type of NPDES permit the state requires you to have (general or individual).
  • Apply for the relevant NPDES permit through the permitting agency.
    • Facilities under general permits typically submit a Notice of Intent to the permitting authority.
    • Facilities not covered by general permits must apply for NPDES individual permits. Because these are developed for specific sites, the permitting process takes longer (possibly more than six months).

Key to remember: Facilities must obtain a general or individual NPDES permit before directly discharging industrial wastewater into waters of the United States.

Hazardous waste export manifests join e-Manifest system
2024-08-02T05:00:00Z

Hazardous waste export manifests join e-Manifest system

The Environmental Protection Agency (EPA) published the final Third Rule on July 26, 2024, revising hazard waste export manifest regulations under the Resource Conservation and Recovery Act (RCRA). All hazardous waste shipments (regardless of destination) and manifest-related reports will be managed electronically through the e-Manifest program, EPA’s national system that tracks hazardous waste shipments.

What are the changes?

Hazardous waste export manifests

Export manifests track hazardous waste that’s shipped out of the country for treatment, storage, and disposal. The final rule integrates hazardous waste export manifests into the e-Manifest system and designates the exporter as the entity responsible for submitting the manifest and paying the requisite user fee.

EPA’s Third Rule also:

  • Expands the international shipment data elements on the manifest form,
  • Updates the requirements for the document that tracks hazardous waste movement to better connect the manifest information with the movement document information (assisting with the integration of EPA’s Waste Import Export Tracking System with RCRAInfo), and
  • Requires the last transporter (which transports hazardous waste export shipments out of the U.S.) to send a signed copy of the manifest and continuation sheet to the exporter instead of the generator.

Manifest-related reports

The final rule integrates other reports into the e-Manifest system, including:

  • Discrepancy Reports for mismatches in the amount of waste,
  • Exception Reports for shipment problems, and
  • Unmanifested Waste Reports for waste found without proper tracking documents.

Further, small and large quantity generators must register for e-Manifest access to obtain their final signed manifest copies from the system.

Other changes

The final rule aligns the manifest requirements for polychlorinated biphenyls (or PCBs) under the Toxic Substances Control Act with the RCRA manifest regulations. It also removes outdated requirements, fixes typographical errors, provides clear definitions, and ensures better alignment with the e-Manifest program.

What are the compliance deadlines?

The final Third Rule takes effect on January 22, 2025. However, these requirements don’t take effect until December 1, 2025:

  • Exporters must submit hazardous waste export manifests to the e-Manifest system and pay the user fee.
  • Entities must submit Discrepancy, Exception, and Unmanifested Waste Reports to the e-Manifest system.
  • The last transporters must provide the export manifests and continuation sheets to the exporters.

Meanwhile, organizations must comply with existing hazardous waste manifest requirements through November 30, 2025.

Key to remember: EPA’s final Third Rule combines hazardous waste export manifests and related reports into the e-Manifest system. All hazardous waste shipments (regardless of destination) and manifest-related reports will be managed electronically.

wholesale distributionmanufacturing (31/food/textiles)waste managementpersonal servicesentertainmentconstructionminingwarehousingmanufacturing (32/non-durable)manufacturing (33/durable)real estatepublic administrationretailtransportationprofessional servicesutilitiesrepair serviceshealthcareoily ragshhcehsstagscontinuous releasespackagesvery small quantity generatorstsdfscorrosivityemergency coordinatorsnational response centercerclahazardous waste generatorsncpe-manifestsdouble walled tanksdischargeswaste storageconditionally excluded wasteleakagesvsqgswaste codeshazardous secondary materialsbulk packagingsgarbagerecyclingtrashintegrated contingency planslarge quantity generatorsform 8700-12extinguisherone planemergency releasesbiennial reportingreceiving facilitiescontainment systemsfiresindustrial furnaceswaste burningsumpsmunicipal solid wasteelectronic manifestsblasting agentstoxic chemicalsreportable quantitiesepa id numbersaerosol canssection 304 reportingresiduesground watersolvent wasteplacardsground-waterhighly hazardous chemicallandfillingemergency equipmentexception reportingliabilitysolvent contaminated wipesportable fire extinguisherschemicalscesqgsspill reportingcharacteristic wasteshop ragswaste burnerslqgshmtlisted wastewaste disposalrcraprecious metalswaste transportationhazardous materialsaccumulationnon-acute wasteeriwaste treatmenthmrp codescercla hazardous substanceschemical spillsreactivitywaste shippersextremely hazardous substancestoxicityhazardous chemicalshazwastechemical releasesacute wasteignitabilitychemical accidentsfinancial coverageconditionally exemptnon-bulk packagingsu codeslabelsused batteriesspill kitstscaicpspharmaceutical wastetreatment storage and disposaloverfillsfinancial assurancepost-closuresmall quantity generatorsemergency response informationsection 103 reportingnational contingency plannational response systemcrtstoxic substancesinterim statusrqsmunitionsepcrawaste shippingboilerscathode ray tubeschemical listsepisodic generationsqgsresource conservation and recoverysms essentialsms advancedsms trial enterprisesms premiumsms trialr40cfr265r40cfr261r40cfr262r40cfr761r40cfr271r40cfr264r40cfr267r40cfr260r40cfr263r40cfr27040 cfr 26540 cfr 26140 cfr 26240 cfr 76140 cfr 27140 cfr 26440 cfr 26740 cfr 26040 cfr 26340 cfr 27040 cfr 265 interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities40 cfr 261 identification and listing of hazardous waste40 cfr 262 standards applicable to generators of hazardous waste40 cfr 761 polychlorinated biphenyls (pcbs) manufacturing, processing, distribution in commerce, and use prohibitions40 cfr 271 requirements for authorization of state hazardous waste programs40 cfr 264 standards for owners and operators of hazardous waste treatment, storage, and disposal facilities40 cfr 267 standards for owners and operators of hazardous waste facilities operating under a standardized permit40 cfr 260 hazardous waste management system: general40 cfr 263 standards applicable to transporters of hazardous waste40 cfr 270 epa administered permit programs: the hazardous waste permit program
2021-12-27T06:00:00Z

86 FR 73207 National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0155; FRL-8391-02-OAR]

RIN 2060-AV44

National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for dry cleaning facilities using perchloroethylene (PCE) as the cleaning solvent (PCE Dry Cleaning NESHAP). The proposed amendments address the results of the technology review for the PCE Dry Cleaning NESHAP, in accordance with section 112 of the Clean Air Act (CAA). Based on the findings of the technology review, the EPA proposes to add provisions to the rule which will require all dry-to-dry machines at existing major and area sources to have both refrigerated condensers and carbon adsorbers as secondary controls.

DATES: Comments must be received on or before February 10, 2022.

Public hearing: If anyone contacts us requesting a public hearing on or before January 11, 2022, we will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-OAR-2005-0155, by any of the following methods:

  • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments.
  • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA-HQ-OAR-2005-0155 in the subject line of the message.
  • Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-2005-0155.
  • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2005-0155, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
  • Hand/Courier Delivery: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center's hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday (except Federal holidays).

Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are open to the public by appointment only to reduce the risk of transmitting COVID-19. Our Docket Center staff also continues to provide remote customer service via email, phone, and webform. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:

For questions about this proposed action, contact Brian Storey, Sector Policies and Programs Division (Mail Code D243-04), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-1103; fax number: (919) 541-4991; and email address: brian.storey@epa.gov.

SUPPLEMENTARY INFORMATION:

Participation in virtual public hearing. Please note that because of current Centers for Disease Control and Prevention (CDC) recommendations, as well as state and local orders for social distancing to limit the spread of COVID-19, the EPA cannot hold in-person public meetings at this time.

To request a virtual public hearing, contact the public hearing team at (888) 372-8699 or by email at SPPDpublichearing@epa.gov. If requested, the virtual hearing will be held on January 11, 2022. The hearing will convene at 9:00 a.m. Eastern Time (ET) and will conclude at 3:00 p.m. ET. The EPA may close a session 15 minutes after the last pre-registered speaker has testified if there are no additional speakers. The EPA will announce further details at https://www.epa.gov/stationary-sources-air-pollution/dry-cleaning-facilities-national-perchloroethylene-air-emission.

If a public hearing is requested, the EPA will begin pre-registering speakers for the hearing upon publication of this document in the Federal Register . To register to speak at the virtual hearing, please use the online registration form available at https://www.epa.gov/stationary-sources-air-pollution/dry-cleaning-facilities-national-perchloroethylene-air-emission or contact the public hearing team at (888) 372-8699 or by email at SPPDpublichearing@epa.gov. The last day to pre-register to speak at the hearing will be January 10, 2022. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers in approximate order at: https://www.epa.gov/stationary-sources-air-pollution/dry-cleaning-facilities-national-perchloroethylene-air-emission.

The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to run either ahead of schedule or behind schedule.

Each commenter will have 5 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) by emailing it to brian.storey@epa.gov. The EPA also recommends submitting the text of your oral testimony as written comments to the rulemaking docket.

The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral testimony and supporting information presented at the public hearing.

Please note that any updates made to any aspect of the hearing will be posted online at https://www.epa.gov/stationary-sources-air-pollution/dry-cleaning-facilities-national-perchloroethylene-air-emission. While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact the public hearing team at (888) 372-8699 or by email at SPPDpublichearing@epa.gov to determine if there are any updates. The EPA does not intend to publish a document in the Federal Register announcing updates.

If you require the services of a translator or special accommodation such as audio description, please pre-register for the hearing with the public hearing team and describe your needs by January 3, 2022. The EPA may not be able to arrange accommodations without advanced notice.

Docket. The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2005-0155. All documents in the docket are listed in https://www.regulations.gov/. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. With the exception of such material, publicly available docket materials are available electronically in Regulations.gov .

Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-2005-0155. 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 CBI or other information whose disclosure is restricted by statute. Do not submit electronically any information that you consider to be CBI or other information whose disclosure is restricted by statute. This type of information should be submitted by mail as discussed below.

The EPA may publish any comment received to its public docket. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

The https://www.regulations.gov/ website allows you to submit your comment anonymously, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https://www.regulations.gov/, your email 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, the EPA recommends that you include your name and other contact information in the body of your comment and with any digital storage media you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should not include special characters or any form of encryption and be free of any defects or viruses. For additional information about the EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/dockets.

Due to public health concerns related to COVID-19, the Docket Center and Reading Room are open to the public by appointment only. Our Docket Center staff also continues to provide remote customer service via email, phone, and webform. Hand deliveries or couriers will be received by scheduled appointment only. For further information and updates on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets.

The EPA continues to carefully and continuously monitor information from the CDC, local area health departments, and our federal partners so that we can respond rapidly as conditions change regarding COVID-19.

Submitting CBI. Do not submit information containing CBI to the EPA through https://www.regulations.gov/ or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information on any digital storage media that you mail to the EPA, mark the outside of the digital storage media as CBI and then identify electronically within the digital storage media the specific information that is claimed as CBI. In addition to one complete version of the comments that includes information claimed as CBI, you must submit a copy of the comments that does not contain the information claimed as CBI directly to the public docket through the procedures outlined in Instructions above. If you submit any digital storage media that does not contain CBI, mark the outside of the digital storage media clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and the EPA's electronic public docket without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver information identified as CBI only to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2005-0155. Note that written comments containing CBI and submitted by mail may be delayed and no hand deliveries will be accepted.

Preamble acronyms and abbreviations. Throughout this document wherever “we,” “us,” or “our” is used, it is intended to refer to the EPA. We use multiple acronyms and terms in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes, the EPA defines the following terms and acronyms here:

CAA Clean Air Act

CBI Confidential Business Information

CDC Center for Disease Control

CFR Code of Federal Regulations

ECHO Enforcement and Compliance History Online

EPA Environmental Protection Agency

EJ environmental justice

FR Federal Register

GACT generally available control technology

HAP hazardous air pollutant(s)

LDAR leak detection and repair

MACT maximum achievable control technology

NAICS North American Industry Classification System

NESHAP national emission standards for hazardous air pollutants

NTTAA National Technology Transfer and Advancement Act

OAQPS Office of Air Quality Planning and Standards

OECA Office of Enforcement and Compliance Assurance

OMB Office of Management and Budget

ORCR Office of Resource Conservation and Recovery

PCE perchloroethylene

ppm parts per million

PRA Paperwork Reduction Act

RBLC RACT/BACT/LAER Clearinghouse

RCRA Resource Conservation and Recovery Act

RFA Regulatory Flexibility Act

SBA Small Business Administration

SBEAP Small Business Environmental Assistance Program

tpy tons per year

TTN Technology Transfer Network

UMRA Unfunded Mandate Reform Act

Organization of this document. The information in this preamble is organized as follows:

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document and other related information?

II. Background

A. What is the statutory authority for this action?

B. What are these source categories and how does the current NESHAP regulate their HAP emissions?

C. What data collection activities were conducted to support this action?

D. What other relevant background information and data are available?

E. How does the EPA perform the technology review?

III. Proposed Rule Summary and Rationale

A. What are the results and proposed decisions based on our technology review, and what is the rationale for those decisions?

B. What compliance dates are we proposing, and what is the rationale for the proposed compliance dates?

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

B. What are the air quality impacts?

C. What are the cost impacts?

D. What are the economic impacts?

E What are the benefits?

F. What analysis of environmental justice did we conduct?

V. Request for Comments

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act (UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act (NTTAA)

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

I. General Information

A. Does this action apply to me?

The standards in 40 CFR part 63, subpart M, apply to industrial and commercial dry cleaning facilities that use PCE. The North American Industry Classification System (NAICS) codes applicable to 40 CFR part 63, subpart M, are 812310 (coin-operated laundries and dry cleaners), 812320 (dry cleaning and laundry services other than coin-operated services), and 812332 (industrial launderers). This list of categories and NAICS codes is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this proposed action are likely to affect.

As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992) and Documentation for Developing the Initial Source Category List, Final Report ( see EPA-450/3-91-030, July 1992), the PCE dry cleaning source categories include any facility engaged in cleaning soiled apparel, leather, and other fine goods. These are usually small independently operated neighborhood shops, franchise shops, and small specialty shops. The source categories only include facilities that use PCE as a cleaning agent.

Federal, state, local, and tribal government entities would not be affected by this proposed action.

B. Where can I get a copy of this document and other related information?

In addition to being available in the docket, an electronic copy of this action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https://www.epa.gov/dry-cleaning-facilities-national-perchloroethylene-air-emission. Following publication in the Federal Register , the EPA will post the Federal Register version of the proposal and key technical documents at this same website.

A redline version of the regulatory language that incorporates the proposed changes is available in the docket for this action (Docket ID No. EPA-HQ-OAR-2005-0155).

II. Background

A. What is the statutory authority for this action?

The statutory authority for this action is provided by sections 112 and 301 of the Clean Air Act (CAA), as amended (42 U.S.C. 7401 et seq. ). Section 112 of the CAA establishes a two-stage regulatory process to develop standards for emissions of hazardous air pollutants (HAP) from stationary sources. Generally, the first stage involves establishing technology-based standards and the second stage involves evaluating those standards that are based on maximum achievable control technology (MACT) to determine whether additional standards are needed to address any remaining risk associated with HAP emissions. This second stage is commonly referred to as the “residual risk review.” In addition to the residual risk review, the CAA also requires the EPA to review MACT and generally available control technology (GACT) standards set under CAA section 112 every 8 years and revise the standards as necessary taking into account developments in practices, processes, or control technologies. This review is commonly referred to as the “technology review,” and is the subject of this proposal. The discussion that follows identifies the most relevant statutory sections and briefly explains the contours of the methodology used to implement these statutory requirements. A more comprehensive discussion appears in the document titled CAA Section 112 Risk and Technology Reviews: Statutory Authority and Methodology, in the docket for this rulemaking.

In the first stage of the CAA section 112 standard setting process, the EPA promulgates technology-based standards under CAA section 112(d) for categories of sources identified as emitting one or more of the HAP listed in CAA section 112(b). Sources of HAP emissions are either major sources or area sources, and CAA section 112 establishes different requirements for major source standards and area source standards. “Major sources” are those that emit or have the potential to emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more of any combination of HAP. All other sources are “area sources.” For major sources, CAA section 112(d)(2) provides that the technology-based NESHAP must reflect the maximum degree of emission reductions of HAP achievable (after considering cost, energy requirements, and non-air quality health and environmental impacts). These standards are commonly referred to as MACT standards. CAA section 112(d)(3) also establishes a minimum control level for MACT standards, known as the MACT “floor.” In certain instances, as provided in CAA section 112(h), the EPA may set work practice standards in lieu of numerical emission standards. The EPA must also consider control options that are more stringent than the floor. Standards more stringent than the floor are commonly referred to as “beyond-the-floor” standards. For area sources, CAA section 112(d)(5) allows the EPA to set standards based on GACT standards in lieu of MACT standards. For categories of major sources and any area source categories subject to MACT standards, the second stage in standard-setting focuses on identifying and addressing any remaining ( i.e., “residual”) risk pursuant to CAA section 112(f) and concurrently conducting a technology review pursuant to CAA section 112(d)(6). For categories of area sources subject to GACT standards, there is no requirement to address residual risk, but, similar to the major source categories, the technology review is required.

CAA section 112(d)(6) requires the EPA to review standards promulgated under CAA section 112 and revise them “as necessary (taking into account developments in practices, processes, and control technologies)” no less often than every 8 years. In conducting this review, which we call the “technology review,” the EPA is not required to recalculate the MACT floors that were established in earlier rulemakings. Natural Resources Defense Council (NRDC) v. EPA, 529 F.3d 1077, 1084 (D.C. Cir. 2008). Association of Battery Recyclers, Inc. v. EPA, 716 F.3d 667 (D.C. Cir. 2013). The EPA may consider cost in deciding whether to revise the standards pursuant to CAA section 112(d)(6). The EPA is required to address regulatory gaps, such as missing standards for listed air toxics known to be emitted from the source category, and any new MACT standards must be established under CAA sections 112(d)(2) and (3), or, in specific circumstances, CAA sections 112(d)(4) or (h). Louisiana Environmental Action Network (LEAN) v. EPA, 955 F.3d 1088 (D.C. Cir. 2020).

B. What are these source categories and how does the current NESHAP regulate their HAP emissions?

The PCE Dry Cleaning NESHAP was originally promulgated September 22, 1993 (58 FR 49376) as 40 CFR part 63, subpart M. Significant amendments were promulgated on June 3, 1996 (61 FR 27788), December 14, 1999 (64 FR 69643), July 27, 2006 (71 FR 42743), and July 11, 2008 (73 FR 39871). The PCE Dry Cleaning NESHAP includes MACT standards which apply to major sources, and GACT standards which apply to area sources of dry cleaning that use the chemical PCE. The PCE Dry Cleaning NESHAP regulates PCE emitted from the dry cleaning process.

Dry cleaning is any cleaning process for clothing and other garments using a solvent other than water. PCE, also known as perc, tetrachloroethene, or tetrachloroethylene has been, historically, the most widely used liquid solvent in dry cleaning. Dry cleaning facilities may provide dry cleaning and laundering services at the location, or the facility may be a drop-off only location that transports the garments to a separate location where the cleaning is performed. Establishments may also offer specialty cleaning services for garments and textiles such as fur, leather, suede, wedding gowns, draperies, and pillows.

PCE dry cleaning machines are classified into two types: Transfer and dry-to-dry. Similar to residential washing machines and dryers, transfer machines include a unit for washing and another unit for drying. Following the wash cycle, PCE-containing articles are manually transferred from the washer to the dryer. The transfer of wet fabrics is the predominant source of PCE emissions in these systems. Transfer machines are prohibited at all existing and new major and area sources due to the NESHAP's requirement that dry cleaning systems eliminate any emissions of PCE while transferring articles between the washer and the dryer or reclaimer. Therefore, transfer machines are no longer sold, and none are known to still be in operation as these machines have reached the end of their useful lives and should have been replaced by dry-to-dry machines. Dry-to-dry machines wash, extract, and dry the articles in a single machine. The articles enter and exit the machine dry. Because the transfer step is eliminated, dry-to-dry machines have much lower emissions than transfer machines.

“Fourth generation” dry-to-dry machines were introduced in the early 1990s. A fourth generation dry-to-dry machine is a closed-loop system that uses a refrigerated condenser(s) to recycle PCE from the wash cycle, and a carbon adsorption unit(s) to filter PCE from the drum at the end of the dry cycle. The refrigerated condenser is a vapor recovery system into which an air-PCE gas-vapor stream is routed and the PCE is condensed by cooling the gas-vapor stream. The air remaining in the machine at the end of the dry cleaning cycle then passes through a carbon adsorber prior to opening the machine door. The carbon adsorber is a bed of activated carbon into which the air-PCE gas-vapor stream is routed and PCE is adsorbed on the carbon. The use of the carbon adsorber in combination with the refrigerated condenser offers greater emissions reductions over a dry-to-dry machine equipped with only a refrigerated condenser because it reduces the PCE concentration in the air remaining in the machine once the dry cleaning cycle is complete instead of allowing those vapors to be vented or released at the end of the dry cleaning cycle.

The latest generation machines, or “fifth generation” machines were introduced in the late 1990s. They have the same control technology as fourth generation machines, but they are also equipped with an inductive fan, internal solvent vapor monitoring devices (sensor), and interlock (lockout) devices that will not allow access to the machine until solvent vapor concentrations are below 300 ppm. The lockout feature ensures that the PCE set-point has been attained before the machine door can be opened, but it does not remove additional PCE.

Per 40 CFR 63.320, a dry cleaning facility is a major source if the facility emits or has the potential to emit more than 10 tons per year of PCE to the atmosphere. A dry cleaning facility is considered an area source if it does not meet the criteria for major sources, as specified in 40 CFR 63.320. However, in lieu of measuring or determining a facility's potential to emit PCE emissions, a dry cleaning facility is a major source if: (1) It includes only dry-to-dry machine(s) and has a total yearly PCE consumption greater than 2,100 gallons as determined according to 40 CFR 63.323(d); or (2) it includes only transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has a total yearly PCE consumption greater than 1,800 gallons as determined according to 40 CFR 63.323(d).

As defined by the initial list of source categories publish on July 16, 1992 (57 FR 31576), the PCE Dry Cleaning NESHAP applies to the following major and area sources of HAP emissions:

Major Source Categories

  • Commercial Dry Cleaning [Perchloroethylene]—Transfer Machines
  • Industrial Dry Cleaning [Perchloroethylene]—Transfer Machines
  • Industrial Dry Cleaning [Perchloroethylene]—Dry-to-Dry Machines

Area Source Categories

  • Commercial Dry Cleaning [Perchloroethylene]—Transfer Machines
  • Commercial Dry Cleaning [Perchloroethylene]—Dry-to-Dry Machines

In general, the PCE Dry Cleaning NESHAP affects three types of dry cleaners that use PCE: Commercial, industrial, and co-residential. Commercial facilities clean household items such as suits, dresses, coats, pants, comforters, curtains, leather clothing, and formal wear. Industrial dry cleaners clean heavily stained articles such as work gloves, uniforms, mechanics' overalls, mops, and shop rags. Co-residential facilities are usually a subset of commercial operations and include dry cleaning operations located in buildings in which people reside. Co-residential facilities are generally found in urban areas where commercial and residential occupancy occur in a single building.

The PCE Dry Cleaning NESHAP identifies all major sources as “large” industrial and commercial dry cleaners. These dry cleaners are subject to MACT standards under this NESHAP. It is estimated that there are five or fewer of these major source dry cleaners remaining in the United States. 1 The PCE Dry Cleaning NESHAP requires new major source PCE dry cleaners operating dry-to-dry machines to:

1  Estimated quantity of major source PCE dry cleaners is based on details provided to EPA by state regulators, state small business environmental assistance providers' programs (SBEAP) personnel, and industry trade association representatives. Refer to the docket for this proposed rule (Docket ID No. EPA-HQ-OAR-2005-0155).

  • Operate with a refrigerated condenser and carbon adsorber process controls.
  • Use an enhanced leak detection and repair (LDAR) program to detect PCE leaks from the machines ( i.e., PCE gas analyzer operated according to EPA Method 21), repair the leaks, and maintain records.

The PCE Dry Cleaning NESHAP requires existing major source PCE dry cleaners operating dry-to-dry machines to:

  • Operate with a refrigerated condenser or a carbon adsorber as process control.
  • Use an enhanced LDAR program to detect PCE leaks from the machines ( i.e., PCE gas analyzer operated according to EPA Method 21), repair the leaks, and maintain records.

Dry cleaners that are commonly found in community settings ( e.g., shopping centers and strip malls) are typically “area sources,” meaning they emit less than 10 tons of PCE each year, and are smaller in size in comparison to major source industrial and commercial PCE dry cleaners. The PCE Dry Cleaning NESHAP standards for these area sources are GACT standards. The PCE Dry Cleaning NESHAP requires existing area source PCE dry cleaners operating dry-to-dry machines to:

  • Use a halogenated hydrocarbon detector or PCE gas analyzer monthly to detect PCE leaks, repair the leaks, and maintain records.

New area source PCE dry cleaners operating dry-to-dry machines must:

  • Operate with a refrigerated condenser and carbon adsorber process controls.
  • Use a halogenated hydrocarbon detector or PCE gas analyzer to detect PCE leaks, repair the leaks, and maintain records.

The 2006 amendments to the PCE Dry Cleaning NESHAP eliminated the use of PCE by dry cleaners in co-residential buildings ( e.g., a dry cleaner found on the ground floor of an apartment building). EPA recognized that because co-residential dry cleaners are located very close to residences, residents' exposures and their cancer risks could be much higher than for typical area source dry cleaners. As such, the PCE Dry Cleaning NESHAP includes requirements to eliminate risks associated with PCE emissions from co-residential dry cleaners. Under 40 CFR 63.322(o)(5)(i), owners/operators were required to eliminate any PCE emissions from systems located in residential buildings by December 21, 2020. These dry cleaner owner/operators were allowed to replace PCE machines with newer available non-PCE technology. This sunset date allowed owners of existing co-residential sources to operate their machines for their maximum estimated useful life, 15 years, assuming they were first installed no later than December 21, 2005. Additionally, under 40 CFR 63.320(b)(2)(ii) and 63.322(o)(5)(ii), any PCE dry cleaning machines in co-residential buildings that began operating between December 21, 2005 and July 13, 2006, were required to install equipment to aggressively control PCE emissions ( i.e., refrigerated condensers, carbon adsorbers, and vapor barriers), and to conduct weekly inspections to detect PCE leaks, repair the leaks, and maintain records, before eliminating PCE emissions by July 27, 2009.

Petitions for judicial review of the 2006 amendments to the NESHAP were filed by the Sierra Club, Halogenated Solvents Industry, Neighborhood Cleaners Association, International Fabricare Institute, and Textile Care Allied Trades Association. Sierra Club et al. v. USEPA, No. 06-1330 (and consolidated cases) (D.C. Cir.). Petitioners questioned: Whether the EPA reasonably interpreted CAA section 112(d)(6) to allow consideration of risk and costs as factors in determining the extent to which it was necessary to revise standards regulating PCE; whether EPA reasonably determined under section 112(d)(6) that it was necessary to revise standards regulating PCE, and to require elimination of PCE emissions at co-residential systems but not at other systems; whether the EPA had complied with the Regulatory Flexibility Act (RFA); and whether EPA had reasonably denied a petition for reconsideration of the rule submitted by the Sierra Club. Although the case was fully briefed, in 2009 before it could be argued at the D.C. Circuit, the parties agreed to EPA taking a voluntary remand of the rule in order for the then-new administration to consider whether further administrative action was warranted regarding the challenged issues, while leaving the rule in force. As discussed in section III.A of this preamble, we are proposing our response to the voluntary remand as part of this proposal.

C. What data collection activities were conducted to support this action?

For this technology review, the EPA investigated developments in practices, processes, and control technologies through communications and direct discussions with state agencies (including regional, state, and local regulators), Small Business Environmental Assistance Program (SBEAP) personnel, industry stakeholders, and trade association representatives. Details of these conversations are included in the memorandum titled Technology Review for the PCE Dry Cleaning NESHAP, December 2021, available in the docket for this action (Docket ID No. EPA-HQ-OAR-2005-0155).

We performed a search of the EPA's Technology Transfer Network (TTN) Clean Air Technology Center—RACT/BACT/LAER Clearinghouse (RBLC) database. The RBLC provides several options for searching the permit database on-line to locate applicable control technologies. We searched the RBLC database for specific dry cleaning process types (“49.002—Dry Cleaning, PERC/Chlorinated Solvents” and “49.003—Dry Cleaning, Petroleum Solvents”). In querying results dating back to January 1, 2000, no results were returned when searching for Process Type 49.002 and three results were returned for Process Type 49.003, however none of the information returned was more recent than 2005 or included any new or improved control technologies. In addition to searches conducted using the process type codes above, the RBLC was queried for any sources with “cleaning”, “cleaners”, or “dry cleaning” in their name. The NAICS and SIC codes for dry cleaners, 812320 and 7216, respectively, were also used to search the RBLC. None of these searches returned relevant information on new or improved control technologies used in dry cleaning facilities. Full details of the RBLC database search in support of this technology review are included in the memorandum titled Technology Review for the PCE Dry Cleaning NESHAP, December 2021, available in the docket for this action (Docket ID No. EPA-HQ-OAR-2005-0155).

The EPA also reviewed information and details for facilities that are subject to the PCE Dry Cleaning NESHAP using the Agency's Enforcement and Compliance History Online (ECHO) database. The ECHO database provides integrated compliance and enforcement information for approximately 800,000 regulated facilities nationwide. Using the features in the ECHO database, we searched for dry cleaning facilities by NAICS. The database identified approximately 7,900 facilities. However, these data are not likely to be comprehensive for the dry cleaning source category because not all states submit data on smaller sources to ECHO. Details of the ECHO database search in support of this technology review are included in the memorandum titled Technology Review for the PCE Dry Cleaning NESHAP, December 2021, available in the docket for this action (Docket ID No. EPA-HQ-OAR-2005-0155).

D. What other relevant background information and data are available?

To supplement the information collected from the ECHO search, the EPA collected information from the EPA's Office of Resource Conservation and Recovery (ORCR) hazardous waste generator databases. ORCR is responsible for implementation and oversight of the hazardous waste program required by subtitle C of the Resource Conservation and Recovery Act (RCRA). As part of the hazardous waste program, hazardous waste generators must report hazardous waste quantities about a specified threshold, as required by RCRA, subtitle C. Active PCE dry cleaning facilities were identified in the ORCR hazardous waste generator databases, based on a search of reported PCE waste generation, and the NAICS for dry cleaning. Approximately 9,000 active hazardous waste generators were identified in the database. This list does not represent the full list of dry cleaning facilities or indicate the number of facilities subject to the PCE Dry Cleaning NESHAP. For many area sources in this source category the amount of PCE waste generated is below the threshold to notify or report under the RCRA regulations, therefore, there are potentially area source dry cleaning facilities that do not generate enough PCE waste to be included in the hazardous waste generator database. In this technology review, the EPA assumes that the total number of dry cleaning facilities is higher than the approximate 9,000 facilities we were able to identify by the RCRA hazardous waste generator database. A copy of the facility list developed for this technology review can be found in the docket (Docket ID No. EPA-HQ-OAR-2005-0155).

E. How does the EPA perform the technology review?

Our technology review primarily focuses on the identification and evaluation of developments in practices, processes, and control technologies that have occurred since the MACT and GACT standards were promulgated. Where we identify such developments, we analyze their technical feasibility, estimated costs, energy implications, and non-air environmental impacts. We also consider the emission reductions associated with applying each development. This analysis informs our decision of whether it is “necessary” to revise the emissions standards. In addition, we consider the appropriateness of applying controls to new sources versus retrofitting existing sources. For this exercise, we consider any of the following to be a “development”:

  • Any add-on control technology or other equipment that was not identified and considered during development of the original MACT and GACT standards;
  • Any improvements in add-on control technology or other equipment (that were identified and considered during development of the original MACT and GACT standards) that could result in additional emissions reduction;
  • Any work practice or operational procedure that was not identified or considered during development of the original MACT and GACT standards;
  • Any process change or pollution prevention alternative that could be broadly applied to the industry and that was not identified or considered during development of the original MACT and GACT standards; and
  • Any significant changes in the cost (including cost effectiveness) of applying controls (including controls the EPA considered during the development of the original MACT and GACT standards).

In addition to reviewing the practices, processes, and control technologies that were considered at the time we originally developed (or last updated) the NESHAP, we review a variety of data sources in our investigation of potential practices, processes, or controls to consider. We also review the NESHAP and the available data to determine if there are any unregulated emissions of HAP within the source category, and evaluate this data for use in developing new emission standards. See sections II.C and II.D of this preamble for information on the specific data sources that were reviewed as part of the technology review.

III. Proposed Rule Summary and Rationale

A. What are the results and proposed decisions based on our technology review, and what is the rationale for those decisions?

This section provides a brief discussion of our review of the various information sources listed sections II.C and II.D of this preamble, and our proposed decision pursuant to the CAA section 112(d)(6) technology review to require that all PCE dry-to-dry machines at existing major and area sources have both refrigerated condensers and carbon adsorbers as secondary controls. None of the searches of the RBLC database returned relevant information on new or improved control technologies related to reducing HAP emissions from dry cleaning machines used by facilities in the PCE Dry Cleaning source category. To further identify any developments in practices, processes, and emission control technologies and strategies, the EPA held several meetings with state agencies (including state agency representatives and SBEAP personnel), industry stakeholders and trade association representatives. The EPA asked several questions pertaining to developments since the last technology review on July 26, 2006 (71 FR 42724). The responses to this inquiry did not identify any developments in new or improved control technologies that had not previously been identified and considered that would warrant revision to the existing emission standards for the PCE dry cleaning source category.

Additionally, web search queries for technical literature pertaining to dry cleaning emissions controls, process controls, and work practices did not identify any new or improved practices, processes, or control technologies that were not previously addressed since the technology review performed in 2006.

However, there have been developments in practices, processes, and control technologies that had been identified and considered at the time of adoption of the original NESHAP and/or of the last technology review in 2006. These developments reflect a widespread transition away from some practices that had been allowed to continue for existing sources but were not permitted for new or reconstructed sources. In this technology review, for example, the EPA confirmed with industry representatives that the useful life of a dry-to-dry machine is 15 years. In accordance with the PCE Dry Cleaning NESHAP, PCE dry cleaning machines installed after 1993 for major sources and 2005 for area sources would be equipped with refrigerated condensers and carbon adsorbers. Therefore, the EPA is proposing to require all sources subject to the PCE Dry Cleaning NESHAP, whether new or existing, to be equipped with refrigerated condensers and carbon adsorbers in order to reflect this development.

Refrigerated condensers and carbon adsorbers have been standard secondary controls on all new machines for the last 15 years. The information gathered during the technology review, including details obtained from PCE dry cleaning industry and trade association representatives, revealed that dry-to-dry non-vented dry cleaning machines with refrigerated condensers and carbon adsorbers are the machines that are overwhelmingly used in PCE dry cleaning operations. These fourth generation and newer machines reuse PCE within the machine, which reduces the PCE emissions from the dry cleaning process. These machines are much more effective at recovering solvent vapors than machines equipped with a carbon adsorber or refrigerated condenser alone. 2

2  Further details on the evolution of dry cleaning machines and detailed descriptions of the generations of these machines can be found in the refer to the Technology Review for the Perchloroethylene Dry Cleaning Source Category memorandum in the docket as well as at the following websites: https://www.cdc.gov/niosh/docs/hazardcontrol/hc18.html ; https://www.enviroforensics.com/blog/the-history-of-dry-cleaning-solvents-and-the-evolution-of-the-dry-cleaning-machine/ .

It has been over 25 years since the initial NESHAP was promulgated in 1993 (58 FR 66287) and 15 years since the last major revisions (71 FR 42724), which required certain machines to be equipped with refrigerated condensers and carbon adsorbers. Even though we expect that almost all currently operating dry cleaning machines have both of these controls, the EPA has determined that we should preclude any possible future use of any machines that do not have both controls. This revision to the standards is necessary to ensure that current improved PCE emissions control achieved by the widespread use of fourth generation (or better) machines is maintained and not compromised by permissible continued operation of earlier generation machines that have exceeded their useful lives. As such, the EPA is proposing to require that all PCE dry-to-dry machines at existing major and area sources have both refrigerated condensers and carbon adsorbers as secondary controls. This revision to the standards will ensure that all dry cleaning systems, both new and existing, will be similarly controlled.

Additionally, the EPA re-examined the use of alternative solvents in use by the dry cleaning industry. This includes the use of non-PCE containing products such as silica-based solvents and high flash point hydrocarbon solvents. As part of this assessment, the EPA reviewed the list of alternative solvents identified in the 2006 PCE Dry Cleaning NESHAP risk and technology review (RTR) (71 FR 42743), and found that, for the purposes of the PCE Dry Cleaning NESHAP MACT or GACT standards, the list of alternative solvents available to the dry cleaning industry remains essentially the same. Since our 2006 assessment, there have been some products that are no longer marketed, and a few products added to the list. In the 2006 PCE Dry Cleaning NESHAP RTR, we looked at the use of alternative solvents as it relates to a potential ban of PCE use. In the 2006 RTR, we identified limitations with the alternative solvents available, when compared to PCE use. These limitations included a comparison of costs, cleaning ability, ease of use, applicability to certain fabrics, safety, and others. After reviewing our assessment made for the 2006 final rule, and the limitations of the alternative solvents available in 2021, we find no new information that would change our 2006 assessment for purposes of the MACT or GACT standards for this industry.

In response to the voluntary remand of the 2006 rule, we are not proposing any amendments addressing the objections raised by the litigants in Sierra Club et al. v. USEPA, No. 06-1330 and consolidated cases (D.C. Cir.). Since the voluntary remand, EPA has conducted numerous subsequent RTRs for other NESHAPs and source categories and has consistently implemented section 112(d)(6) to take into consideration costs of revising standards and the environmental value of requiring additional HAP reductions when determining whether it is necessary to revise standards taking into consideration developments in practices, processes, and control technologies. We also maintain that we have the discretion to qualitatively consider as a relevant factor the benefits of requiring additional HAP emission reductions and their consequential effect on public health risk under 112(d)(6), as we considered them in the 2006 RTR. Although we are not further considering such reductions and their impacts in this current proposed action because we have not received additional information indicating such are necessary for CAA purposes related to dry cleaning sources beyond the review that we conducted in 2006, we stand by the analyses we conducted and conclusions we reached in the 2006 RTR. Moreover, subsequent reviewing courts have affirmed EPA's now well-established approach of considering costs and cost effectiveness in CAA section 112(d)(6) reviews and making judgments about whether to it is necessary to require additional HAP emissions reductions under CAA section 112(d)(6). See, e.g., National Association for Surface Finishing v. EPA, 795 F.3d 11-12 (D.C. Cir. 2015) (finding that EPA permissibly considered costs in revising standards under section 112(d)(6)); see also, Association of Battery Recyclers, et al. v. EPA, 716 F.3d 667, 673-74 (D.C. Cir. 2013) (approving EPA's consideration of cost as a factor in its section 112(d)(6) decision-making and EPA's reliance on cost effectiveness as a factor in its standard-setting). In addressing industry petitioners' challenge to EPA's CAA section 112(d)(6) determinations, the National Association for Surface Finishing court explained that “[r]eductions in emissions are, of course, relevant to the cost effectiveness of emissions-control technologies in controlling emissions.” See 795 F.3d at 12. The court then affirmed that EPA's conclusions “that more stringent technology-based standards were cost effective and otherwise appropriate” was not arbitrary and capricious. Id (emphasis added). The EPA thus maintains that our approach in the 2006 RTR to base our decisions to revise the standards as necessary for dry cleaners located in residential settings, based in part on the unique public health impacts that the additionally mandated HAP reductions would mitigate in that particular context, was warranted under CAA section 112(d)(6).

Consequently, what may have appeared novel in 2006 to the litigants in the earliest stages of the EPA's development of the RTR program (the EPA's consideration of costs and HAP reduction along with the enumerated factors in CAA section 112(d)(6)) has become settled and judicially endorsed practice, and it is not necessary for the EPA to fundamentally re-evaluate that well-established process in this follow-up technology review or in response to the voluntary remand. Moreover, since the 2006 RTR, the EPA has not received any information calling into question the risk-based information that supported our action requiring elimination of PCE emissions from systems located in buildings with a residence. Nor has the EPA received additional information addressing the specific risks presented by PCE emissions to ambient air from co-commercial PCE dry cleaning systems ( e.g., those located in strip malls with adjacently located other commercial entities) that suggest that our decision in 2006 to limit the required elimination of PCE emissions to co-residential settings was unwarranted. The EPA requests public comments on our response to the remand, particularly on our proposed determination that no specific revisions to the standards are necessary in light of the remand.

B. What compliance dates are we proposing, and what is the rationale for the proposed compliance dates?

The EPA is proposing that existing affected sources would comply with the proposed amendments in this rulemaking no later than 180 days after the effective date of the final rule. The affected existing facilities would have to continue to meet the current requirements of 40 CFR part 63, subpart M, until the applicable compliance date of the amended rule. As discussed in section III.B of this preamble, the EPA is proposing to require all dry-to-dry machines at both major and area sources to have both refrigerated condensers and carbon adsorbers as secondary controls. The final action is not expected to be a “major rule” as defined by 5 U.S.C. 804(2). Therefore, the effective date of the final rule would be the promulgation date as specified in CAA section 112(d)(10). From our assessment of the timeframe needed for compliance with the entirety of the revised requirements, the EPA considers a period of 180 days to be the most expeditious compliance period practicable. We base this proposed compliance period on several factors. First, from our discussions with state and local agencies, trade association representatives, and other stakeholders, the EPA found that fourth and fifth generation dry-to-dry machines are standard throughout the industry. Additionally, the EPA confirmed that the useful life of a dry-to-dry machine is 15 years, and that new dry cleaning machines sold in the last 20 years are only fourth and fifth generation machines. Based on these findings, we believe that almost all of the industry is already in compliance with the proposed amendments. The 180 days is provided as a courtesy to allow familiarity with the proposed changes. We solicit comment on this proposed compliance period, and we specifically request submission of information from the sources in the major and area source categories regarding specific actions that would need to be undertaken to comply with the proposed amended requirements and the time needed to make the adjustments for compliance with any of the revised requirements. We note that information provided may result in changes to the proposed compliance date.

IV. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected sources?

The PCE Dry Cleaning NESHAP prescribes a combination of equipment, work practices, and operational requirements. The NESHAP allows regulated sources to determine their major or area source status based on the annual PCE purchases for all machines at a facility. The consumption criterion (which affects the amount of PCE purchased) varies depending on multiple variables, including number of machines, size of business, etc. The affected source is each individual dry cleaning system that uses PCE. Consequently, a single dry cleaning facility could comprise multiple affected sources, if it has multiple dry cleaning systems onsite. As a result, some of a facility's systems could be subject to “new” source requirements under the NESHAP, and some could be “existing” sources, depending upon when they were placed into service.

The July 27, 2006, final rule amendments (71 FR 42743) indicate that at that time, there were approximately 34,000 dry cleaning facilities in the United States, approximately 28,000 of which used PCE. Those estimated counts of the number of overall dry cleaners and PCE dry cleaners are prior to business impacts from the 2008 financial crisis, the coronavirus (COVID-19) pandemic of 2020-2021, recent shifts in consumer demands, changes in garment technologies, fashion trends, dry cleaning machine conversions to alternative solvents, and other factors that have resulted in reductions in the number of PCE dry cleaning operations. Based on information provided by dry cleaning industry stakeholders, including trade organizations, the EPA estimates that the number of PCE dry cleaners decreased by 20 to 30 percent due to the 2008 financial crisis, the aforementioned demand trends in the industry, and increasing replacements of PCE operations with alternative solvent technologies. Additionally, the EPA estimates that another 10 to 15 percent of PCE dry cleaners have ceased operation due to financial impacts from the COVID-19 pandemic. As such, the EPA estimates that there are approximately 10,000 to 15,000 PCE dry cleaning facilities in the U.S.

B. What are the air quality impacts?

The EPA is proposing that all PCE dry-to-dry machines operate with both refrigerated condensers and carbon adsorbers as secondary controls ( i.e., be fourth or fifth generation machines). The PCE dry cleaning facilities that are in operation have most likely realized the reduction in emissions associated with operating both refrigerated condensers and carbon adsorbers. Additionally, any new machines have been required to have both refrigerated condensers and carbon adsorbers since the original promulgation of part 63, subpart M, in 1993 (for major sources) and the 2006 RTR (for area sources); any existing third generation or older machines at the time of those rules are now beyond their 15-year expected lifespan. For those facilities who may still be operating older machines, the proposed amendments of this rulemaking would reduce emissions by mandating the use of newer machines with the required controls.

Indirect or secondary air emissions impacts are impacts that would result from the increased electricity usage associated with the operation of control devices ( i.e., increased secondary emissions of criteria pollutants from power plants). Energy impacts consist of the electricity and steam needed to operate control devices and other equipment that would be required under this proposed rule. The EPA expects minimal secondary air emissions impacts or energy impacts from this rulemaking.

C. What are the cost impacts?

Any new PCE dry-to-dry machines purchased in the last 20 years for this source category are closed-loop dry-to-dry machines with a refrigerated condenser and a carbon adsorber  3 and thus would not be impacted by these proposed amendments. The PCE dry cleaning operations that would be impacted by the proposed amendments would most likely already have incurred the costs of installing and operating these fourth-generation machines. Specifically, any older machines ( i.e., third generation or prior transfer machines or dry-to-dry machines without refrigerated condenser and a carbon adsorber) would now be beyond their projected useful life, and we expect that operators would have already replaced these machines with fourth- and fifth-generation machines, as part of continued PCE dry cleaning operations. However, we also recognize that there may be some facilities that are still operating older PCE machines. We expect that if there are any facilities operating older machines, they would be area sources. For reasons previously discussed in section II.C and II.D of this preamble, the number of older machines in use is unknown. The EPA is soliciting comment on the number of sources operating older machines and will reassess the cost and economic impacts if we receive additional data.

3  U.S. EPA, Office of Air Quality Planning and Standards. Phone Conference Communication with Dry Cleaning & Laundry Institute (DLI) and National Cleaners Association (NCA) representatives. March 2021.

Based on available information, the EPA concludes that most or all existing PCE dry cleaning facilities that are subject to the NESHAP would be able to comply with the proposed requirements without incurring additional capital or operational costs because they have purchased newer machines as part of normal business operations. There may be small number of facilities operating older machines, but we do not have information on these facilities to determine the full cost impacts to these entities. We have assessed the costs associated with reading and understanding the proposed amendments as a total one-time cost of $108 per facility, using a labor rate for 4 hours of review time, as described in section IV. D of this preamble. Based on an estimate of 10,000 to 15,000 facilities that are subject to the PCE Dry Cleaning NESHAP, the total cost is estimated to be in a range of $1,080,000 to $1,620,000 nationwide.

D. What are the economic impacts?

Economic impact analyses focus on changes in market prices and output levels. If changes in market prices and output, such as clothes to be cleaned in the primary markets served by dry cleaners, are significant enough, impacts on other markets may also be examined. Both the magnitude of costs needed to comply with a proposed rule and the distribution of these costs among affected facilities can have a role in determining how the market would change in response to a proposed rule. To estimate the economic impacts of this proposal, the EPA reviewed the mean hourly wage of $12.29 per hour indicated by the Bureau of Labor Statistics for laundry and dry cleaning workers in 2021. We then applied a benefits and overhead factor of 1.1 to calculate a total compensation rate of $26.86 per hour. Additionally, we estimated 4 hours for a dry cleaning worker to familiarize themselves with the proposed amendments to the rule, and calculated a cost of $108 per facility ($23.86/hr × 4 hr/facility = $107.44, or $108/facility). This is a conservative estimate. We anticipate that some facilities may not require 4 hours to review the proposed amendments to the rule. These costs are not expected to result in a significant impact to primary markets served by dry cleaners.

We do not anticipate any significant economic impacts from these proposed amendments to require all dry-to-dry machines to have both refrigerated condensers and carbon adsorbers as secondary controls. This is consistent with our assumptions made in the original rule development that the useful life of a machine is 15 years. Machines installed after 1993 for major sources and 2005 for area sources are to be equipped with refrigerated condensers and carbon adsorbers, in accordance with the NESHAP. Thus, given the useful life of a typical dry-cleaning machine, the EPA expects that most or all sources in the regulated source categories would have discontinued use of third generation or older machines by 2021.

E. What are the benefits?

Although the EPA does not anticipate reductions in HAP emissions as a result of the proposed amendments, the Agency believes that the action, if finalized as proposed, would result in improved clarity to the rule. Specifically, the proposed amendments would revise the standards such that it is clear that only fourth (or newer) generation machines can be used in PCE solvent dry cleaning operations. This requirement is implied in the useful life determination at the inception of the original NESHAP; however, this proposed amendment would make this assumption clear and would work to eliminate any older machines (third generation and prior) that could still be operating. This action would further protect public health and the environment and would ultimately result in less potential confusion or misinterpretation by the regulated community.

F. What analysis of environmental justice did we conduct?

Executive Order 12898 directs the EPA, to the greatest extent practicable and permitted by law, to make environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies and activities on minority populations and low-income populations in the United States. (59 FR 7629, February 16, 1994.) Additionally, Executive Order 13985 was signed to advance racial equity and support underserved communities through Federal Government actions (86 FR 7009, January 20, 2021). The EPA defines environmental justice (EJ) as the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. The EPA further defines the term fair treatment to mean that “no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies” ( https://www.epa.gov/environmentaljustice ). In recognizing that minority and low-income populations often bear an unequal burden of environmental harms and risks, the EPA continues to consider ways of protecting them from adverse public health and environmental effects of air pollution. To examine the potential for any EJ issues that might be associated with the source categories, we performed a demographic analysis, which is an assessment of individual demographic groups of the populations living within 5 kilometers (km) and within 50 km of the facilities. The EPA then compared the data from this analysis to the national average for the demographic indicators.

In the analysis, we evaluated the percentage of minority and low-income groups within the populations that live near identified PCE dry cleaning facilities. The PCE Dry Cleaning NESHAP applies to sources often operating as small facilities, and limited location data for these small subject facilities were available, adding considerable uncertainty to the analysis. As described in the technology review memorandum, available in the docket for this action, and section II.C of this preamble, we did conduct searches for available information. The demographic results do not account for emission or risk impacts from sources and may not be fully representative of the full distribution of facilities across all locations and populations. This analysis provides an indication of the potential for disparities in human health or environmental effects.

Our analysis includes the general population of dry cleaners across the country and does not differentiate which facilities are PCE major and area source dry cleaners. As stated above, our analysis indicates that sources are likely to operate compliant technologies to meet the proposed standard. Based upon the number of facilities in this analysis (9,080 facilities), we find that approximately 48 percent of the U.S. population lives within 5 km of a facility, and approximately 87 percent live within 50 km of a facility. We find that dry cleaner facilities are generally located in areas where within the 5 km distance the category of minority demographics are higher than the national average, but demographics generally match the national average within 50 km. We also note that demographics analyses for individual urban facilities often show that the percentages of various minority and disadvantaged populations tend to exceed the national averages due to the urban locations. The results of the demographic analysis for populations within 5 km of the facilities within the source category indicate that the percentage of the minority population (the total population minus the white population) is higher when compared to the national percentage of people who are minority (an average of 48 percent versus 40 percent). These comparisons also hold true for other demographic groups (African American, Other and Multiracial Groups, and Hispanics), whose populations near dry cleaning facilities are approximately an average of 3 percent greater the national average. The demographic group composed of people living in linguistic isolation was an average of approximately 1 percent greater than the national average. The percentages of people in all the remaining demographic groups were below the national average for their respective demographic. The methodology and the results of the demographic analysis are presented in a technical report, Technology Review— Analysis of Demographic Factors for Populations Living Near the Dry-cleaners for Major and Area Sources, available in this docket for this action (Docket ID EPA-HQ-OAR-2005-0155).

Table 1—Proximity Demographic Assessment Results
Notes:
• The population numbers and demographic percentages are based on the Census' 2015-2019 American Community Survey five-year averages and include Puerto Rico. Demographic percentages based on different averages may differ.
• Minority population is the total population minus the white population.
• To avoid double counting, the “Hispanic or Latino” category is treated as a distinct demographic category for these analyses. A person is identified as one of five racial/ethnic categories above: White, African American, Native American, Other and Multiracial, or Hispanic/Latino. A person who identifies as Hispanic or Latino is counted as Hispanic/Latino for this analysis, regardless of what race this person may have also identified as in the Census.
NationwideSource category
Population within 50 km of 9,080 facilities Population within 5 km of 9,080 facilities
Total Population328,016,242285,838,206156,313,800
White and Minority by Percent
White606052
Minority404048
Minority by Percent
African American121315
Native American0.70.50.4
Hispanic or Latino (includes white and nonwhite)191822
Other and Multiracial8811
Income by Percent
Below Poverty Level131314
Above Poverty Level878786
Education by Percent
Over 25 and without a High School Diploma121212
Over 25 and with a High School Diploma888888
Linguistically Isolated by Percent
Linguistically Isolated557

This action is not likely to change levels of emissions near facilities. Based on our technology review, we did not identify, and are not requiring, any new add-on control technologies, process equipment, work practices or procedures that were not already in place when the NESHAP was promulgated in 1993 or considered when the NESHAP was last reviewed in 2006; and we did not identify other developments in practices, processes, or control technologies that would result in additional emission reductions for purposes of these MACT and GACT standards, beyond the transition to greater use of fourth and fifth generation machines. Given the useful life of a dry cleaning machine, and the fact that industry should already be operating the newer machines with both refrigerated condensers and carbon adsorbers as secondary controls, we do not anticipate reductions in HAP emissions as a result of the proposed amendments.

V. Request for Comments

We solicit comments on this proposed action. In addition to general comments on this proposed action, we are also interested in additional data that may improve the analyses. We are specifically interested in receiving any information regarding the number of third generation and earlier model dry cleaning machines that potentially could still be operating, and on other developments in practices, processes, and control technologies that reduce HAP emissions beyond the widespread shift to fourth generation (or better) machines.

VI. Statutory and Executive Order Reviews

Additional information about these statutes and Executive orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and was, therefore, not submitted to OMB for review.

B. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under the PRA. The action does not contain any information collection activities.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. The small entities subject to the requirements of this action are industrial and commercial dry cleaning facilities that use PCE. The North American Industry Classification System (NAICS) codes applicable to 40 CFR part 63, subpart M, are 812310 (coin-operated laundries and dry cleaners), 812320 (dry cleaning and laundry services other than coin-operated services), and 812332 (industrial launderers). The small business size definitions for those industries are $8.0 million, $6.0 million, and $41.5 million respectively. The costs associated with reading and understanding the proposed amendments are a one-time cost of $108 per facility and are not significant. In addition, the useful life of a PCE dry-to-dry machine is assumed to be 15 years, and the industry has already purchased fourth or fifth generation dry-to-dry machines that are in compliance with these amendments as part of normal operational costs. We have therefore concluded that this action will not have a significant economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. While this action creates an enforceable duty on the private sector, the cost does not exceed $100 million or more.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. The action affects private industry and does not impose economic costs on state or local governments.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action has tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. The EPA consulted with tribal officials under the EPA Policy on Consultation and Coordination with Indian tribes early in the process of developing this regulation to permit them to have meaningful and timely input into its development. A summary of that consultation is provided in the docket for this action (Docket ID No. EPA-HQ-OAR-2005-0155).

G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994).

The documentation for this decision is contained in section IV.B of this preamble and the technical report, Risk and Technology Review Analysis of Demographic Factors for Populations Living Perchloroethylene Dry Cleaning Facility Source Category Operations.

List of Subjects in 40 CFR Part 63

Environmental protection, Air pollution control, Hazardous substances, Reporting and recordkeeping requirements.

Michael S. Regan,

Administrator.

For the reasons stated in the preamble, EPA proposes to amend 40 CFR part 63 as set forth below:

PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES

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

Authority:

42 U.S.C. 7401 et seq.

Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities

2. Section 63.322 is amended by:

a. Revising paragraph (a) introductory text;

b. Adding paragraph (a)(4); and

c. Revising paragraph (o)(2).

The revisions and addition read as follows:

§63.322 Standards.

(a) Before [date 180 days after date of publication of the final rule in the Federal Register ], the owner or operator of each existing dry cleaning system and of each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, shall comply with either paragraph (a)(1) or (2) of this section and shall comply with paragraph (a)(3) of this section if applicable. On and after [date 180 days after date of publication of the final rule in the Federal Register ], the owner or operator of any existing dry cleaning system shall comply with paragraph (a)(4) of this section.

* * * * *

(4) The owner or operator of each existing dry cleaning system shall route the air-perchloroethylene (PCE) gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-PCE gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions.

* * * * *

(o) * * *

(2) The owner or operator of each dry cleaning system at an area source shall route the air-PCE gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-PCE gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions.

* * * * *

3. Section 63.324 is amended by revising paragraphs (d)(5) and (6) to read as follows:

§63.324 Reporting and recordkeeping requirements.

* * * * *

(d) * * *

(5) The date and monitoring results (temperature sensor or pressure gauge), as specified in §63.323, when a refrigerated condenser is used to comply with §63.322(a), (b), or (o); and

(6) The date and monitoring results, as specified in §63.323, when a carbon adsorber is used to comply with §63.322(a)(2) or (b)(3).

* * * * *

4. Section 63.325 is amended by revising paragraph (a)(7) to read as follows:

§63.325 Determination of equivalent emission control technology.

(a) * * *

(7) Information on the cross-media impacts (to water and solid waste) of the candidate emission control technology and demonstration that the cross-media impacts are less than or equal to the cross-media impacts of a refrigerated condenser and carbon adsorber.

* * * * *

[FR Doc. 2021-26469 Filed 12-23-21; 8:45 am]

BILLING CODE 6560-50-P

What’s new in hazardous waste management?
2024-07-31T05:00:00Z

What’s new in hazardous waste management?

Does your facility need a hazardous waste manifest? If so, you’ll want to learn more about the recent rule from the Environmental Protection Agency (EPA). On June 28, 2024, the agency introduced a final rule to combine export and other manifest-related reports into the e-Manifest system, EPA’s national system that tracks hazardous waste shipments electronically. This rule changes parts of the regulations under the Resource Conservation and Recovery Act (RCRA) for the paperwork that goes with hazardous waste shipments.

EPA's latest updates focus on the following three areas:

Exporting hazardous waste

Previously, there was a separate process for tracking hazardous waste shipped out of the country for treatment, storage, and disposal. The new rule integrates this process into the e-Manifest system and designates the exporter as the entity responsible for submitting the manifest and paying the requisite user fee. This means that all hazardous waste shipments, whether they're going across town or across the ocean , will be tracked in the same way. The rule also expands the required international shipment data elements on the manifest form. Further, it updates the requirements for the document that tracks the movement of hazardous waste, aiming to better connect the information on the manifest with the information on the movement document. This will help track the manifest and integrate EPA’s Waste Import Export Tracking System with RCRAInfo.

Other important reports

EPA has also streamlined the process for submitting other reports related to hazardous waste. Discrepancy Reports for a mismatch in the amount of waste, Exception Reports for a problem with the shipment, and Unmanifested Waste Reports for waste found without a proper tracking document will now be handled electronically through the e-Manifest system. The rule also requires small and large quantity generators to register for access to e-Manifest to obtain their final signed manifest copies from the system.

Technical improvements

The agency has made some behind-the-scenes changes to improve the e-Manifest system's overall performance and user-friendliness. Some of the changes relate to aligning the polychlorinated biphenyl manifest regulations under the Toxic Substances Control Act (TSCA) with the RCRA manifest regulations. Other technical corrections remove outdated requirements, fix typographical errors, provide clear definitions, and ensure better alignment with the e-Manifest program.

Why these changes matter

The changes save time and money for organizations that handle hazardous waste. All hazardous waste shipments, regardless of destination, will be managed on a single platform, simplifying the process for generators and transporters. This integration will provide better visibility and tracking of hazardous waste throughout its journey, including international shipments.

Using a unified system improves data consistency, making it easier for regulators to monitor and analyze waste management practices and to prepare for future potential integration with biennial reporting requirements.

What does this mean for you?

If you handle hazardous waste and need a hazardous waste manifest, familiarize yourself with the new rules and make any necessary adjustments to your processes. For example, organizations may need to update their software or systems to comply with the new e-Manifest requirements. Also, employees involved in hazardous waste management may require training on the new procedures and system functionalities.

Compliance dates

This rule is effective on January 22, 2025.

However, the following requirements don’t go into effect until December 1, 2025:

  • Collection of hazardous waste export manifests in the e-Manifest system,
  • Use of electronic manifests for hazardous waste export shipments, and
  • Use of electronic Exception, Discrepancy, and Unmanifested Waste Reports.

Key to remember: EPA introduced a final rule to combine export and other manifest-related reports into the e-Manifest system and make technical corrections to improve efficiency.

EPA reconsidering application exclusion zone with key amendments
2024-07-26T05:00:00Z

EPA reconsidering application exclusion zone with key amendments

The recently announced Spring 2024 regulatory agenda showcases an EPA proposed final rule that would reinstate certain requirements of the Agricultural Worker Protection Standard (WPS), particularly the reconsideration of the 2015 application exclusion zone (AEZ) amendments. If finalized, affected entities need to be aware of the proposed changes.

Proposed change #1: The area where the AEZ applies

Pesticide handlers must suspend applications if any worker or person, other than appropriately trained and equipped handlers involved in the application enters an AEZ, regardless of whether they are on or off the establishment.

Proposed change #2: The exception to application suspension requirements for property easements

Pesticide handlers must suspend applications if any worker or person, other than appropriately trained and equipped handlers involved in the application enters an AEZ, regardless of whether they are in an area subject to an easement.

Proposed change #3: The distances from the application equipment in which entry restrictions associated with ongoing pesticide applications apply

During pesticide application, the AEZ distance would be 100 feet for ground-based fine spray applications and a 25-foot AEZ for ground-based applications using medium or larger droplet sizes sprayed above 12 inches.

Potentially affected entities

If you work in or employ persons working in crop production agriculture where pesticides are applied, you may be potentially affected by this action. While not an exhaustive list, the applicability of this action may include the following North American Industrial Classification System (NAICS) codes:

  • 111000 – Agricultural establishments
  • 111421 – Nursery and tree production
  • 113110 – Timber tract operations
  • 113210 – Forest nurseries and gathering of forest products
  • 11511, 115112, and 115114 – Farmworkers
  • 115112 – Pesticide handling on farms
  • 115115 – Farm labor contractors and crew leaders
  • 115310 – Pesticide handling in forestry
  • 325320 – Pesticide manufacturers
  • 813311, 813312, and 813319 – Farmworker support organizations
  • 813930 – Farmworker labor organizations
  • 115112, 541690, and 541712 – Crop advisors

Regulatory history in brief

The original WPS regulation was enacted in 1992 under EPA’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect farm workers from pesticide exposures in production agriculture.

In 2015, EPA finalized various significant revisions to the 1992 WPS. Among those revisions was a new provision requiring agricultural employers to keep workers and all other individuals out of the AEZ during outdoor pesticide applications.

Five years later, in October 2020, EPA finalized improvements to the enforceability and workability of the AEZ requirements, which were to decrease regulatory burdens for farmers while maintaining critical worker protections. Two months later, petitions were filed challenging the rule, and a preliminary injunction was filed, which stayed the effective date of the 2020 rule.

Fast-forward to March 2023, when the EPA published a notice of proposed rulemaking that would reconsider the 2020 requirements. If finalized, it would reinstate some 2015 WPS AEZ requirements and retain certain 2020 AEZ rule provisions.

Key to remember: The EPA proposed rule will, if amended, reinstate previous AEZ requirements that are protective of public health and limit exposure to those who may be near ongoing pesticide applications.

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Most Recent Highlights In Human Resources

Nonattainment NSR permits: Preventing bad air days
2024-07-18T05:00:00Z

Nonattainment NSR permits: Preventing bad air days

The Environmental Protection Agency (EPA) has several regulations in place to protect and improve the nation’s air quality. The nonattainment New Source Review (NSR) permit program ensures that the construction of new facilities and major modifications to existing facilities don’t cause more “bad air days."

You must obtain a preconstruction permit to build a new facility or make a major modification to one that will significantly increase emissions of criteria air pollutants (known as a major source). The type of permit required is based on whether the proposed construction will occur in an area that meets EPA’s national air quality standards.

If you plan to build or modify a facility in an area that doesn’t meet national standards for any criteria air pollutant, a nonattainment NSR permit is required.

What are attainment and nonattainment areas?

Under the Clean Air Act (CAA), EPA regulates the emissions of six criteria air pollutants through the National Ambient Air Quality Standards (NAAQS). The agency determines whether each geographic area in the U.S. meets the national emission standard for each criteria pollutant. The agency designates areas that meet or outperform the NAAQS as attainment areas. Conversely, it designates areas that don’t meet the NAAQS as nonattainment areas.

The CAA requires states to develop and adopt general State Implementation Plans (SIPs) for achieving and maintaining the NAAQS. States must also develop specific plans for each nonattainment area to reduce emissions of criteria pollutants and maintain the NAAQS. One of the required components of an SIP is an outline of NSR permitting requirements.

What’s the NSR program?

Typically issued at the state level, NSR permits require major sources to install and maintain pollution control equipment. They also establish:

  • What construction is allowed,
  • Emissions limits, and
  • Applicable operating requirements.

Don’t forget to check state regulations! States may have more stringent emissions limits, monitoring requirements, and application processes than federal standards.

The three types of NSR permitting requirements include:

  • Prevention of Significant Deterioration permits (issued in attainment areas),
  • Nonattainment NSR permits, and
  • Minor source permits.

Let’s zoom in on the nonattainment NSR permit.

What does the nonattainment NSR permit require?

To construct a new major source or modify an existing one in a nonattainment area, you must obtain a nonattainment NSR permit. Facilities with nonattainment NSR permits are subject to more restrictive requirements.

Lowest achievable emission rate

Facilities must install the most stringent level of emissions control technology, known as the lowest achievable emission rate (LAER). You must apply LAER to any criteria air pollutant that will meet or exceed its emission limit.

LAER is based on whichever rate is most stringent, either:

  • The most stringent emission limitation in the SIP for your facility’s class or source category, or
  • The most stringent emission limitation achieved by facilities in the same class or source category.

To meet the LAER, your facility may need to implement various measures, such as modifying existing processes and implementing add-on controls.

Emission offsets

For each criteria pollutant a facility proposes to emit, it must obtain offsets to compensate for the increased emissions and provide a net air quality benefit. Emission offsets are primarily acquired from existing sources within the same nonattainment area.

Public involvement

Facilities must provide public input opportunities throughout the permitting process. Examples include publishing a notice of a draft nonattainment NSR permit for public review and comment as well as holding requested public hearings on the proposed permit.

Where do I start?

If you’re considering building or modifying a major source, the first thing to do is establish whether the construction will occur in an attainment or nonattainment area.

  • Check the EPA Green Book, which provides nonattainment statuses across the U.S. by criteria pollutant. Make sure to check the statuses for all criteria pollutants!
  • Confirm any nonattainment areas with the state or local environmental agency for each criteria pollutant.
  • Evaluate the nonattainment NSR permitting requirements in the SIP.

A nonattainment NSR permit allows you to build or modify your facility while ensuring it doesn’t contribute to bad air days.

Key to remember: A nonattainment NSR permit is required to build or modify a facility in an area that doesn’t meet National Ambient Air Quality Standards.

Good Neighbor Plan on ice as legal battle heats up
2024-07-12T05:00:00Z

Good Neighbor Plan on ice as legal battle heats up

Factories may breathe easier (for now) with the outcome of the recent U.S. Supreme Court case of Ohio v. Environmental Protection Agency (EPA). The court granted emergency applications from several states seeking a stay of the Good Neighbor Plan (GNP ) pending judicial review. The plan addresses ozone-forming emissions of nitrogen oxides from power plants and industrial facilities. Here’s a breakdown of the case and what it means for facilities in these states.

The Good Neighbor Plan and the fuss about it

EPA, tasked with protecting air quality, introduced the GNP in 2015. This plan aimed to reduce air emissions drifting from upwind states to downwind states, impacting air quality for millions.

Think of it like smoke blowing from your neighbor's bonfire into your backyard. The GNP would require the upwind neighbor (state) to take steps to reduce the smoke (smog emissions) affecting the downwind neighbor (state ).

The Good Neighbor rule gives states the choice to create a plan that follows EPA's guidelines for reducing ozone under the National Ambient Air Quality Standards (NAAQS). If a state doesn’t submit an adequate plan, EPA steps in and creates a compliance plan for that state. In February 2023, the agency found that some states didn’t submit sufficient plans. The Clean Air Act requires EPA to implement a federal implementation plan (the GNP) to control emissions in those states.

Why Ohio (and others) said no

Several states, led by Ohio, challenged the plan in court. They argued that EPA overstepped its authority by setting overly strict emission-reduction requirements. They felt the agency hadn’t adequately explained how it arrived at these numbers and ignored alternative, less expensive ways to achieve similar results.

The court's decision: A stay of execution

In June 2024, the U.S. Supreme Court sided with Ohio in a 5-4 decision (Case No. 23A349). The court didn’t rule on the merits of the plan itself but rather put a temporary block on its enforcement. This means the GNP is on hold while lower courts review the case further.

The road ahead: Cleaner air or regulatory hurdles?

So, what does this mean for factories, power plants, and other facilities that release air emissions?

  • Temporary relief: Facilities located in the states targeted by the GNP will see a temporary reprieve from the stricter emission regulations of EPA’s plan.
  • Uncertainty reigns: The legal battle isn’t over. Lower courts will decide the fate of the plan, and it could still be implemented, potentially with modifications.
  • The Clean Air Act remains: Don’t forget, the Clean Air Act, the main federal law regulating air pollution, remains in effect. Facilities must still comply with existing regulations set by EPA and their state governments.

The outcome of this case has significant implications for air quality. Proponents of the GNP argue it’s crucial for protecting public health, especially in downwind states. Opponents argue it places an undue burden on businesses and hinders economic growth.

The lower courts will now weigh these arguments. The final decision could significantly affect how air emissions are regulated and how much stationary sources can emit.

Key to remember: The U.S. Supreme Court placed a temporary ban on EPA’s Good Neighbor Plan in Ohio and several other states as the legal battle continues in the lower courts.

EPA’s Spring 2024 regulatory agenda now available
2024-07-09T05:00:00Z

EPA’s Spring 2024 regulatory agenda now available

The Environmental Protection Agency (EPA) published the Spring 2024 Semiannual Agenda of Regulatory and Deregulatory Actions on July 5, 2024. The agenda shows the agency’s upcoming regulatory actions and where they are in the rulemaking process.

The agenda includes major EPA updates, such as:

  • Establishing a management program for hydrofluorocarbons (HFCs) that implements emissions-reduction requirements for certain pieces of equipment using refrigerants containing HFCs and their substitutes, with an expected publishing date for the final rule in August 2024;
  • Finalizing a rule in October 2024 to have nearly all water systems replace lead service lines within 10 years, reduce the lead action level, and improve tap sampling;
  • Implementing a Waste Emissions Charge program that requires oil and natural gas facilities to pay an annual charge for exceeding methane and intensity thresholds, with an expected publishing date for the final rule in December 2024;
  • Proposing a rule in March 2025 that establishes the Renewable Fuel Standards beginning in 2026 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel; and
  • Publishing a proposed rule in April 2025 that, if finalized, reinstates reporting requirements for animal waste air emissions at farms under the Emergency Planning and Community Right-to-Know Act (EPCRA).

While you’ll want to review the entire agenda to learn about all the rulemakings on EPA’s docket, this article highlights some of the major rules we’re watching closely. Also, please note that the agenda dates are tentative, the times by which the agency hopes to publish the rulemakings in the Federal Register.

Final Rule Stage
Projected publication dateTitle
August 2024National Volatile Organic Compound Emission Standards for Aerosol Coatings Amendments
September 2024Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act
October 2024Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Federal CCR Permit Program
November 2024Clean Water Act Section 404 Tribal and State Program Regulation
November 2024Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units
December 2024Oil and Gas NESHAP; Part 63 Subparts HH and HHH; Removal of Affirmative Defense
Proposed Rule Stage
Projected publication date of Notice of Proposed RulemakingTitle
September 2024Phasedown of Hydrofluorocarbons: Review and Renewal of Eligibility for Application-Specific Allowances
September 2024Clean Water Act Effluent Limitations Guidelines and Standards for PFAS Manufacturers Under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category
December 2024Emission Guidelines for GHG Emissions from Existing Fossil Fuel-Fired Combustion Turbine EGUs
June 2025Improving Recycling and Management of Renewable Energy Wates: Universal Waste Regulations for Solar Panels and Lithium Batteries
June 2025PFAS Requirements in NPDES Permit Applications
Pre-Rule Stage
Projected publication date or other actionTitle
November 2024 (End Review)610 Review of Standards of Performance for New Residential Wood Heathers, New Residential Hydronic Heaters and Forced-Air Furnaces
December 2024 (Advanced Notice of Proposed Rulemaking)N-(1,3-Dimethylbutyl)-N'-phenyl-p-phenylenediamine ("6PPD") and its Transformation Product, 6PPD-Quinone ("6PPD-q"); Rulemaking Under the Toxic Substances Control Act (TSCA)
Long-Term Rule Stage
Projected publication date or other actionTitle
July 2025 (Notice of Proposed Rulemaking)Updates to the RCRA Hazardous Waste Regulations and Related Technical Corrections - Permitting Updates Rule
Expert Insights: Sharpen your skills for effective environmental investigations
2024-07-05T05:00:00Z

Expert Insights: Sharpen your skills for effective environmental investigations

I had a recent conversation with colleagues in the industry about the importance of investigating environmental incidents. We had a great exchange of tips and best practices that I couldn’t wait to share.

Preparing to respond

Let's talk about preparedness first. Before an incident occurs, make sure you're ready to respond. This means having a solid response plan and training your employees on what to do in different situations. On top of that, gather the supplies you might need. Ensure you have the supplies you may need in response to all the potential environmental incidents that could occur, including items like spill kits, overpack containers, and portable containments for releases and spills. You should also include all the tools you need for investigation and documentation.

Conducting the investigation

Now, when it comes to the actual investigation, following a set process is key. An established method ensures the process is consistent from incident to incident. Need a handy tip? Create standardized forms and a list of common questions that always require answers.

Many of our customers have the responsibility of conducting both safety and environmental incident investigations. In the world of safety, incident notification and investigation often happen after an event occurs. For example, it can be after someone is injured or has a near miss. Environmental incidents can be similar, but there's a twist: the incidents, such as spills or leaks, are often still occurring when reported. This can have implications on what your early actions look like and how quickly you need to take action.

Recordkeeping

Finally, the records you keep of what happened are crucial. It’s recommended that the investigation and recordkeeping efforts match the severity of the incident. If you have a serious incident, such as a major release, you'll probably have a bigger team investigating, including people from different departments. There should be a high level of detail with respect to documentation, pictures, and data collected. For minor incidents, perhaps something that’s fully contained or doesn’t trigger regulatory reporting, the investigation can be a smaller effort with less comprehensive records.

When it comes to environmental incidents, hoping for the best just won’t do — you must also prepare for the worst.

Have a question for our Compliance Experts?

If you have safety or compliance questions, we encourage you to use Compliance Network’s Expert Help tool. Mishka Binns and our team of Compliance Experts will respond to your question within 24 business hours.

Ready, set, adapt! EPA unveils new climate adaptation plan
2024-06-28T05:00:00Z

Ready, set, adapt! EPA unveils new climate adaptation plan

Heat waves disrupting factory production? Rising sea levels threatening coastal businesses? The Environmental Protection Agency (EPA) is taking concrete steps to combat climate change with the release of its 2024-2027 Climate Adaptation Plan. The plan outlines a series of actions the agency will take over the next four years to make sure it's prepared for the challenges of a changing climate.

What does the plan do?

The plan focuses on several key areas.

Building a climate-smart workforce

EPA is investing in ongoing education and training for its staff to equip them with knowledge about the future impacts of climate change, how EPA programs might be affected, and different strategies for adapting. One example is the agency-wide "Climate Conversations" webinar series, which fosters collaboration and knowledge sharing among staff.

Strengthening facility resilience

EPA is continuing to conduct facility resiliency assessments to identify areas vulnerable to climate change impacts. Based on these assessments, the agency will make recommendations for improvements to make facilities more resilient.

Building stronger supply chains

EPA is now considering climate hazards as part of its overall supply chain risk management plan. It will conduct assessments this year to identify potential disruptions and develop strategies to mitigate them.

Funding climate-ready communities

EPA is modernizing its financial assistance programs to encourage investments in communities and Tribal lands that are more resilient to climate change. The agency also launched the internal Climate-Resilient Investments Clearinghouse website to help staff integrate climate considerations into funding decisions.

Empowering informed decisions

EPA is providing communities and recipients of their financial resources with the tools, data, and technical support they need to assess their own climate risks. This empowers them to develop targeted solutions that work best for their specific situations.

Climate-proofing regulations

EPA is integrating climate change considerations into the rulemaking processes where appropriate to ensure its regulations remain effective even with a changing climate.

How does this affect industrial facilities?

Industrial facilities aren’t immune to the effects of climate change. Extreme weather events can damage infrastructure, disrupt operations, and lead to costly shutdowns. By taking steps to adapt to climate change, industrial facilities can protect their businesses, their employees, and the communities where they operate.

Facilities should be on the lookout for potential new requirements as EPA plans to integrate climate adaptation into future rulemakings. New rules could require businesses to consider future weather extremes, like stronger storms or floods. This could lead to fortifying buildings or raising critical equipment, which upfront might be costly but could prevent far more expensive damage down the line.

An example of the agency’s new commitment to include climate adaptation requirements is reflected in the final amendments of the Risk Management Plan rule. Facilities that manage hazardous materials must now develop response plans to prepare for the largest foreseeable discharges in adverse weather conditions, including more extreme weather conditions expected as the climate changes.

Key to remember: EPA released the 2024-2027 Climate Adaptation Plan, which describes agency actions to address the impacts of climate change. It incorporates climate adaptation into the agency’s programs, policies, rules, enforcement activities, and operations.

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