[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Proposed Rules]
[Pages 24765-24768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11752]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6007-4]


National Emission Standards for Hazardous Air Pollutants: 
Halogenated Solvent Cleaning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; proposed compliance extension.

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SUMMARY: On December 2, 1994, the EPA issued the ``National Emission 
Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning''. 
Elsewhere in today's Federal Register, the EPA is announcing an 
immediate 3-month stay of the effectiveness of that standard for 
continuous web cleaning machines using halogenated hazardous air 
pollutant (HAP) solvents for good cause pursuant to section 
553(b)(3)(B) of the Administrative Procedures Act.
    This action proposes a temporary extension of the applicable 
compliance date beyond the 3 months of the stay for up to 1 year to 
complete analysis of equivalent methods of control for continuous web 
cleaning machines using halogenated HAP solvents.

DATES: Comments. Comments must be received on or before June 4, 1998, 
unless a hearing is requested by May 15, 1998. If a hearing is 
requested, written comments must be received by June 19, 1998.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than May 15, 1998. If a hearing is held, it will take 
place on May 20, 1998, beginning at 10:00 a.m.

ADDRESSES: Comments. Interested parties may submit written comments (in 
duplicate, if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention, Docket No. A-92-39, U.S. Environmental 
Protection Agency, 401 M Street, SW, Washington, DC 20460. Comments on 
the proposed changes to the national emission standards for hazardous 
air pollutants (NESHAP) also may be submitted electronically by sending 
electronic mail (e-mail) to: [email protected].
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Mrs. Kim Teal, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5580.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
standards and the proposed changes, contact
Mr. Paul Almodovar, Coatings and Consumer Products Group, Emission 
Standards Division (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, NC 27711; telephone (919) 541-0283. For 
information regarding the applicability of this action to a particular 
entity, contact Mrs. Tracy Back, Manufacturing Branch, Office of 
Compliance (2223A), U.S. EPA, 401 M Street, SW,

[[Page 24766]]

Washington, DC 20460; telephone (202) 564-7076.

SUPPLEMENTARY INFORMATION:

Electronic Comment Submission

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments also 
will be accepted on diskette in WordPerfect 5.1 or ASCII file format. 
All comments in electronic form must be identified by the docket number 
A-92-39. No confidential business information should be submitted 
through e-mail. Electronic comments may be filed on-line at many 
Federal Depository Libraries.

Regulated Entities

    Entities potentially regulated by this action are owners or 
operators of individual continuous web cleaning machines using any 
solvent containing methylene chloride, perchloroethylene, 
trichloroethylene, 1,1,1 trichloroethane, carbon tetrachloride, or 
chloroform, or any combination of these halogenated HAP solvents in a 
concentration greater than 5 percent by weight, as a cleaning or drying 
agent. Regulated categories include:

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              Category                  Examples of regulated entities  
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Industry............................  Facilities engaging in cleaning   
                                       operations using halogenated     
                                       solvent cleaning machines.       
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities that the EPA is now aware 
potentially could be regulated by this action. Other types of entities 
not listed in the table also could be regulated. To determine whether 
your facility [company, business, organization, etc.] is regulated by 
this action, you should carefully examine the applicability criteria in 
Sec. 63.460 of the NESHAP for halogenated solvent cleaning operations 
that was promulgated in the Federal Register on December 2, 1994 (59 FR 
61801) and codified at 40 CFR part 63, subpart T. If you have questions 
regarding the applicability of this action to a particular entity, 
consult Mrs. Tracy Back at the address listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    The information presented below is organized as follows:

I. Background
II. Summary of and Rationale for Proposed Compliance Extension
III. Proposed Compliance Extension
IV. Solicitation of Comments
V. Administrative Requirements
    a. Docket
    b. Paperwork Reduction Act
    c. Executive Order 12866
    d. Regulatory Flexibility
    e. Regulatory Review
    f. Unfunded Mandates Act

I. Background

    On December 2, 1994 (59 FR 61801), the EPA promulgated the NESHAP 
for halogenated solvent cleaning operations. These standards were 
codified as subpart T in 40 CFR part 63. These standards established 
equipment and work practice standards for individual batch vapor, in-
line vapor, in-line cold, and batch cold solvent cleaning machines 
using any solvent containing methylene chloride, perchloroethylene, 
trichloroethylene, 1,1,1 trichloroethane, carbon tetrachloride, or 
chloroform, or any combination of these halogenated HAP solvents in a 
concentration greater than 5 percent by weight, as a cleaning or drying 
agent.
    Under Sec. 63.469 of the halogenated solvent cleaning NESHAP, the 
Administrator may approve the use of equipment or procedures that have 
been demonstrated to be equivalent in terms of reducing emissions of 
methylene chloride, perchloroethylene, trichloroethylene, 1,1,1 
trichloroethane, carbon tetrachloride, or chloroform to the atmosphere, 
to those prescribed for compliance within a specified paragraph of the 
NESHAP. Since the rule was promulgated, two owners and operators of 
affected halogenated solvent cleaning machines have requested approval 
for equivalent methods of control determinations for their continuous 
web cleaning machines because the rule does not presently address their 
situation. In addition, the EPA has become aware of several other 
continuous web cleaning machines experiencing difficulties in 
determining how to comply with the NESHAP. In each case, the emission 
control requirements specified by the NESHAP would be difficult or 
impossible to implement due to the operating and emission 
characteristics of these machines. Case-by-case equivalency 
determinations would be required to ensure that each machine is 
applying alternative control measures that achieve the same or better 
emission reductions as the NESHAP-required controls. Such a case-by-
case approach would be unduly burdensome for both the affected sources 
and the EPA. Therefore, the EPA is conducting an evaluation of methods 
of control for all continuous web cleaning machines to determine which 
emission control measures would be equivalent to the NESHAP.

II. Summary of and Rationale for Proposed Extension

    As indicated above, since promulgation of the halogenated solvent 
cleaning NESHAP on December 2, 1994, the EPA has become aware of the 
existence of various sources cleaning parts such as film, coils, wire, 
and metal strips at speeds in excess of the 11 feet per minute limit in 
the NESHAP using halogenated cleaning machines. Parts are generally 
uncoiled, cleaned such that the same part is simultaneously entering 
and exiting the solvent cleaning machine, and then recoiled or cut. 
These solvent cleaning machines are typically referred to as continuous 
web cleaning machines. The design and operation, and therefore, the 
emission characteristics of these machines are different from the 
solvent cleaning machines (e.g., batch cold cleaners, in-line cleaners) 
that the EPA analyzed during the NESHAP rule development process.
    In-line cleaning machines have automated parts handling systems, 
such as conveyors, to move parts through the cleaning machine. 
Continuous web cleaning machines do not have a ``true'' automated parts 
handling system; instead the whole part (the coil, wire, film, etc.) is 
pulled through the solvent cleaning machine. The halogenated solvent 
cleaning NESHAP requires that the automated parts handling system on an 
in-line cleaning machine be capable of moving the parts at 11 feet per 
minute or less as a basic design requirement. However, process speeds 
for the continuous web cleaning processes that the EPA has information 
on range between 40 feet per minute and 1,200 feet per minute.
    Air emissions from continuous web cleaning machines are primarily 
due to solvent drag-out or solvent carry-out on the cleaned parts. The 
controls required by the halogenated solvent cleaning NESHAP to reduce 
drag-out emissions require that parts be held inside the solvent 
cleaning machine for a specified period of time, depending on the part 
being cleaned, until solvent dripping stops. This technique is called 
dwell time. Dwelling parts when using a continuous web cleaning machine 
is not technically feasible due to the high rates of speed at which the 
parts are being cleaned. Continuous web cleaning machines generally use 
squeegees, rubber stoppers, or fabric pads to remove pooled solvent 
from the surface of the parts being cleaned before they exit the 
machine.

[[Page 24767]]

    In order for the EPA to evaluate methods of emission control for 
continuous web cleaning machines using halogenated HAP solvents, and 
therefore, better regulate HAP emissions from these machines, the 
Agency is proposing a temporary extension of the applicable compliance 
dates.

III. Proposed Compliance Extension

    Elsewhere in today's Federal Register, the EPA is announcing a 3-
month stay from the requirements of the halogenated solvent cleaning 
machine NESHAP for continuous web cleaning machines using halogenated 
HAP solvents for good cause pursuant to section 553(b)(3)(B) of the 
Administrative Procedures Act. However, the EPA may not be able to 
complete evaluation of equivalent methods of control for continuous web 
cleaning machines and any appropriate curative regulatory action to the 
rule within 3 months. If the EPA does not complete the equivalency 
determination and rulemaking in this timeframe, then it will be 
necessary to temporarily extend the applicable compliance dates until 
the EPA completes final rulemaking action. By this action the EPA 
proposes, pursuant to section 301(a)(1) of the Clean Air Act (CAA), 42 
U.S.C. 7601(a)(1), a temporary extension of the compliance dates for 
continuous web cleaning machines using halogenated HAP solvents. The 
EPA is proposing to extend the compliance dates to August 3, 1999, 1 
year after the 3-month stay.

IV. Solicitation of Comments

    The EPA specifically requests comment on the following issues:
    1. Applications in which continuous web cleaning machines are used. 
Information supplied should include industries that use these machines, 
types of products cleaned (e.g., material out of which parts are made, 
size of parts), types of solvents used for cleaning, and a general 
description of the cleaning process.
    2. Design and operational parameters of continuous web solvent 
cleaning machines. Information supplied should include machine 
dimensions, solvent capacity, rate of speed at which parts are cleaned, 
estimate of solvent usage on a yearly basis, solvent application method 
(e.g., spraying, flooding), and any other information relevant to the 
design and operation of the solvent cleaning machine.
    3. Emission reduction techniques/controls used on continuous web 
cleaning machines. Information supplied should include control 
efficiencies, monitoring parameters and procedures, and costs of the 
controls (e.g., capital costs, operating costs).

V. Administrative Requirements a. Docket

A. Docket

    A-92-39 is an organized and complete file of all of the information 
submitted to, or otherwise considered by, the EPA in the development of 
this rulemaking. The docket is a dynamic file, since material is added 
throughout the rulemaking development. The docketing system is intended 
to allow members of the public to readily identify and locate documents 
to enable them to participate effectively in the rulemaking process. 
The contents of the docket serves as the record in case of judicial 
review (except for interagency review materials) (Sec. 307(d)(7)(A) of 
the CAA, 42 U.S.C. 7607(d)(7)(A)).

B. Paperwork Reduction Act

    There are no additional information collection requirements 
contained in this proposal. Therefore, approval under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is not required.

C. Executive Order 12866

    Under Executive Order 12866, the EPA is required to determine 
whether a regulation is ``significant,'' and therefore, subject to 
Office of Management and Budget review and the requirements of this 
Executive Order to prepare a regulatory impact analysis. The Executive 
Order defines ``significant regulatory action'' as one that is likely 
to result in a rule that may (1) have an annual effect on the economy 
of $100 million or more, or adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this action is not a ``significant regulatory action'' 
within the meaning of the Executive Order because it proposes a 
temporary extension of the applicable compliance dates beyond the 3 
months of the stay for up to 1 year to complete evaluation of 
equivalent methods of control for continuous web cleaning machines 
using halogenated HAP solvents.

D. Regulatory Flexibility

    Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 
U.S.C. 605(b), I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. This notice 
proposes a temporary extension of the applicable compliance dates 
beyond the 3 months of the stay for up to 1 year to complete equivalent 
methods of control determinations for continuous web cleaning machines 
using halogenated HAP solvents. This proposal will not place any 
additional requirements on any entity affected by this rule, including 
small entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities.
    Under the Regulatory Flexibility Act, an agency is not required to 
prepare a regulatory flexibility analysis for a rule that the agency 
head certifies will not have a significant economic impact on a 
substantial number of small entities. Consequently, a regulatory 
flexibility analysis is not required and has not been prepared.

E. Regulatory Review

    In accordance with sections 112(d)(6) and 112(f)(2) of the CAA, 42 
U.S.C. 7412(d)(6) and 7412(f)(2), this regulation will be reviewed 
within 8 years of the date of promulgation. This review may include an 
assessment of such factors as evaluation of the residual health risk, 
any overlap with other programs, the existence of alternative methods 
of control, enforceability, improvements in emission control technology 
and health data, and recordkeeping and reporting requirements.

F. Unfunded Mandates Act

    The economic impact analysis performed for the original rule showed 
that the economic impacts from implementation of the promulgated 
standards would not be ``significant'' as defined in Executive Order 
12866. No changes are being made in these amendments that would 
increase the economic impacts. The EPA prepared the following statement 
of the impact of the original rule in response to the requirements of 
the Unfunded Mandates Reform Act.
    There are no Federal funds available to assist State, local, and 
Tribal governments in meeting these costs. There are important benefits 
from volatile organic compounds and HAP emission reductions because 
these

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compounds have significant adverse impacts on human health and welfare, 
and on the environment. The rule does not have any disproportionate 
budgetary effects on any particular region of the nation, State, local, 
or Tribal government, or urban, rural, or other type of community. 
Moreover, the rule will not have a material effect on the national 
economy.
    Throughout the regulatory development process prior to issuing the 
final rule on December 2, 1994, the EPA provided numerous opportunities 
for consultations with interested parties (e.g., public comment period; 
opportunity for a public hearing [none was requested]; meetings with 
industry, trade associations, State and local air pollution control 
agency representatives, environmental groups, State, local, and Tribal 
governments, and concerned citizens). Although small governments are 
not significantly or uniquely affected by this rule, these procedures, 
as well as additional public conferences and meetings, gave small 
governments an opportunity to give meaningful and timely input and 
obtain information, education, and advice on compliance.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Halogenated 
solvent cleaning machines, Hazardous substances, Reporting and 
recordkeeping requirements.

    Dated: April 27, 1998.
Carol M. Browner,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 63--[AMENDED]

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

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

Subpart T--National Emission Standards for Halogenated Solvent 
Cleaning

    2. Section 63.460 is amended by revising paragraphs (c) and (d), 
and adding paragraph (g) to read as follows:


Sec. 63.460  Applicability and designation of source.

* * * * *
    (c) Except as provided in paragraph (g) of this section, each 
solvent cleaning machine subject to this subpart that commences 
construction or reconstruction after November 29, 1993 shall achieve 
compliance with the provisions of this subpart immediately upon start-
up or by December 2, 1994, whichever is later.
    (d) Except as provided in paragraph (g) of this section, each 
solvent cleaning machine subject to this subpart that commenced 
construction or reconstruction on or before November 29, 1993 shall 
achieve compliance with the provisions of this subpart no later than 
December 2, 1997.
* * * * *
    (g) Each continuous web cleaning machine subject to this subpart 
shall achieve compliance with the provisions of this subpart no later 
than August 3, 1999.

[FR Doc. 98-11752 Filed 5-4-98; 8:45 am]
BILLING CODE 6560-50-P