The Independent Regulatory Review Commission ("IRRC") reviews all the proposed regulations in Pennsylvania, including those proposed by the Environmental Quality Board. IRRC has now published its comments on the proposed regulation of solvent cleaning operations which are designed to reduce volatile organic compounds ("VOC") emitted into the ambient air. IRRC published the following comments about the proposed regulations in the Pennsylvania Bulletin:
(1) EQB has not estimated the level of VOC reduction that will be achieved through the implementation of the regulations, nor has it quantified the extent to which it will help Pennsylvania attain the VOC reductions required by the Clean Air Act.
(2) EQB is applying the control technology required by the Clean Air Act called maximum achievable control technology ("MACT"), but it is requiring it for solvents that produce hazardous air pollutants and for those which produce non-hazardous air pollutants. The federal law requires them only for hazardous air pollutant solvents. IRRC wants EQB to explain the compelling public interest for and environmental benefit from making its regulations more restrictive than the federal requirement.
(3) Other states that have addressed a VOC emissions from the solvent cleaning operations have imposed requirements for using lower volatility solvents, but have higher volatility standards, exemptions or limited applicability. IRRC wants EQB to justify what may be the most stringent operating requirements in the United States for solvent cleaning machines. It also wants IRRC to consider exempting the electronics industry and limiting the applicability of the regulation to cleaning metal parts
(4) IRRC wants EQB to explain why it eliminated the ten square foot deminimis threshold. It also questions whether this requirement will mean that holders of TitleV permits will have to amend their permits to include small, cold cleaning machines which were previously exempt.
(5) IRRC questions the assertion by EQB that industry will realize significant savings by using lower volatility solvents. It wants EQB to estimate the costs of manufacturing and equipment modification associated with compliance.
(6) The regulations require low vapor pressure solvents and prohibit air agitated solvent baths. Both provisions are stricter than the federal requirements.
(7) The regulations apply the definition of "hand wipe cleaning operation" to all solvent cleaning sources, although the federal regulations apply it only to aerospace original equipment manufacturing and re-work operations.