[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