[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Rules and Regulations]
[Pages 24749-24751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11753]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6007-5]
RIN 2060-A104


National Emission Standards for Hazardous Air Pollutants: 
Halogenated Solvent Cleaning

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Notice of temporary stay.

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SUMMARY: Today's action announces a 3-month stay of certain national 
emission standards for hazardous air pollutants (NESHAP) for certain 
sources. The effectiveness of the provisions for ``National Emission 
Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning,'' 
December 2, 1994) for continuous web cleaning machines using 
halogenated hazardous air pollutant (HAP) solvents is stayed for 3 
months for good cause pursuant to section 553(b)(3)(B) of the 
Administrative Procedure Act. Since the compliance date for existing 
affected sources covered by this NESHAP was December 2, 1997, it is not 
practical to propose and take public comment on this 3-month stay.
    This action also revises the definition of the term ``part'' and 
adds a definition for continuous web cleaning machine to Sec. 63.461. A 
continuous web cleaning machine is one that cleans parts such as film, 
coils, wire, and metal strips at speeds in excess of 11 feet per 
minute. Parts are generally uncoiled, cleaned such that the same part 
is simultaneously entering and exiting the solvent cleaning machine, 
and then recoiled or cut.
    Elsewhere in the Proposed Rules Section of today's Federal 
Register, the EPA proposes to extend the compliance date for sources 
affected by today's stay for 1 year in order to complete the rulemaking 
pertaining to control of emissions from continuous web cleaning 
machines.

    This stay affects only those sources which meet the criteria 
describing a continuous web cleaning machine using halogenated HAP 
solvents.

EFFECTIVE DATE: May 5, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Almodovar at (919) 541-0283, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711. For information 
regarding the applicability of this action to a particular entity, 
contact Mrs. Tracy Back, Manufacturing Branch, Office of Compliance 
(2223A), U.S. Environmental Protection Agency, 401 M Street, SW, 
Washington, DC 20460; telephone (202) 564-7076.

SUPPLEMENTARY INFORMATION:

Regulated Entities

    Entities potentially regulated by this action are owners or 
operators of 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 of that 
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.

I. Background

    On December 2, 1994, the EPA promulgated NESHAP for halogenated 
solvent cleaning operations (59 FR

[[Page 24750]]

61801). 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.
    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 solvents. 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. Therefore, 
in order for the EPA to properly address emission characteristics and 
controls, and to better regulate HAP emissions from continuous web 
cleaning machines, the Agency is staying the effectiveness of the 
provisions of the NESHAP for continuous web cleaning machines using 
halogenated HAP solvents. The EPA will take this time to further 
evaluate these types of operations, their emission characteristics, and 
the effectiveness of various control measures in order to determine 
equivalent methods of control for them.
    In addition, the EPA is also revising the definition of the term 
``part'' and adding a definition for continuous web cleaning machine to 
Sec. 63.461.

II. Issuance of Stay

    The EPA hereby issues a 3-month stay of the effectiveness of the 
NESHAP for halogenated solvent cleaning machines applicable to 
continuous web cleaning machines using halogenated HAP. The EPA will 
also reconsider the compliance dates in the rule and, following the 
notice and comment procedures of section 307(d) of the Clean Air Act, 
will take appropriate action.

III. Authority for Stay

    The stay announced by this notice is being issued pursuant to 
section 553(b)(3)(B) of the Administrative Procedure Act.
    The grounds for staying the requirements of this rule for 
continuous web cleaning machines arose after the public comment period 
and close to the compliance date for this rule. The impracticality of 
requiring compliance by continuous web cleaning machines with the 
provisions of the NESHAP became apparent after the final rule had been 
promulgated. Therefore, the EPA is staying the effectiveness of the 
rule for 3 months in order to allow time to evaluate equivalent methods 
of control for continuous web cleaning machines using halogenated HAP 
solvents.
    Because the need for a stay was only realized recently, and the 
compliance date for the rule was December 2, 1997, it is both 
impracticable and contrary to the public interest to provide an 
opportunity for comment before issuing the stay. The EPA, therefore, 
finds that there is good cause in accordance with section 553(b)(3)(B) 
of the Administrative Procedures Act to publish this temporary stay 
without prior opportunity for public comment.

IV. Proposed Compliance Extension

    The EPA may not be able to complete the equivalent methods of 
control determination for continuous web cleaning machines within the 
3-month period expressly provided for in this action. Therefore, EPA is 
proposing to temporarily extend the applicable compliance dates. In the 
Proposed Rule Section of today's Federal Register, the EPA proposes a 
temporary extension of the compliance dates beyond 3 months in order to 
complete the equivalent methods of control determinations and revisions 
of the rules in question.

V. Administrative Requirements

A. Paperwork Reduction Act

    There are no additional information collection requirements 
associated with this temporary stay. Therefore, approval under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is 
not required. b. Executive Order 12866

B. 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 this action provides 
a temporary stay of the effectiveness of the rule to allow time to 
evaluate equivalent methods of control for continuous web cleaning 
machines using halogenated HAP solvents.

C. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. However, section 808 provides that any 
rule for which the issuing agency for good cause finds (and 
incorporates the finding and a brief statement of reasons therefore in 
the rule) that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest, shall take effect at 
such time as the agency promulgating the rule determines. 5 U.S.C. 
808(2). As stated previously, the EPA has made such a good cause 
finding, including the reasons therefore, and established an effective 
date of May 5, 1998. The EPA will submit a report containing this rule 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

D. Regulatory Flexibility

    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this action

[[Page 24751]]

will not have a significant economic impact on a substantial number of 
small business entities because the requirements of the rule are being 
stayed for continuous web cleaning machines.

E. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year. Before promulgating an EPA rule for which a 
written statement is needed, section 205 of the UMRA generally requires 
the EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective, or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows the EPA to adopt an 
alternative other than the least costly, most cost-effective, or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before the 
EPA establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, the EPA 
has determined that this rule contains no regulatory requirements that 
might significantly or uniquely affect small governments because it 
contains no requirements that apply to such governments or impose 
obligations upon them. Therefore, today's rule is not subject to the 
requirements of section 203 of the UMRA.

List of Subjects in 40 CFR Part 63

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

    Dated: April 27, 1998.
Carol M. Browner,
Administrator.

    Title 40 chapter I of the Code of Federal Regulations is amended as 
follows:

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 T--[Amended]

    2. Section 63.461 is amended by adding in alphabetical order the 
definition for ``continuous web cleaning machine'' and by revising the 
definition for ``part'' to read as follows:


Sec. 63.461  Definitions.

* * * * *
    Continuous web cleaning machine means a solvent cleaning machine in 
which parts such as film, coils, wire, and metal strips are cleaned at 
speeds in excess of 11 feet per minute. Parts are generally uncoiled, 
cleaned such that the same part is simultaneously entering and exiting 
the solvent cleaning machine, and then recoiled or cut.
* * * * *
    Part means any object that is cleaned in a solvent cleaning 
machine. Parts include, but are not limited to, discrete parts, 
assemblies, sets of parts, and parts cleaned in a continuous web 
cleaning machine (i.e., continuous sheets of metal, film).
* * * * *
    3. Section 63.470 is added to Subpart T to read as follows:


Sec. 63.470  Stay of effective date.

    Notwithstanding any other provision of this subpart, the 
effectiveness of Secs. 63.460 thru 63.469 of subpart T is stayed until 
August 3, 1998 as applied to continuous web cleaning machines using 
halogenated HAP solvents.

[FR Doc. 98-11753 Filed 5-4-98; 8:45 am]
BILLING CODE 6560-50-P