98-32991. National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning  

  • [Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
    [Rules and Regulations]
    [Pages 68397-68400]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32991]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 63
    
    [AD-FRL-6201-2]
    RIN 2060-A104
    
    
    National Emission Standards for Hazardous Air Pollutants: 
    Halogenated Solvent Cleaning
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule; 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'' 
    (59 FR 61801). On May 5, 1998, the EPA announced 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 (63 FR 24768). In that same document, the EPA proposed 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.
        This document promulgates that compliance extension, and for 
    reasons discussed in this notice, extends the compliance extension 
    until December 2, 1999. This document also discusses the three comment 
    letters received on the May 5, 1998 proposal notice.
    
    DATES: The regulation is effective on December 11, 1998.
    
    ADDRESSES: Docket. Interested parties may review items used to support 
    this notice at: 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.
    
    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 Ms. 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 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
    ------------------------------------------------------------------------
    Industry...............................  Facilities engaging in cleaning
                                              operations using halogenated
                                              solvent cleaning machines.
    ------------------------------------------------------------------------
    
        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 national emission standards for hazardous air 
    pollutants (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. Comments Received on Proposed Compliance Changes and EPA 
    Response to Comments
    III. Administrative Requirements
        A. Docket
        B. Paperwork Reduction Act
        C. Executive Order 12866 Review
        D. Regulatory Flexibility/Small Business Regulatory Enforcement 
    Fairness Act of 1996
        E. Submission to Congress and the General Accounting Office
        F. Unfunded Mandates Reform Act
        G. National Technology Transfer and Advancement Act
        H. Executive Order 12875: Enhancing the Intergovernmental 
    Partnership
        I. Executive Order 13045: Protection of Children from 
    Environmental Health Risks and Safety Risks
        J. Executive Order 13084: Consultation and Coordination with 
    Indian Tribal Governments
    
    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
    
    [[Page 68398]]
    
    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.
        After the rule was promulgated, two owners and operators of 
    affected halogenated solvent cleaning machines requested approval for 
    equivalent methods of control determinations for their continuous web 
    cleaning machines because the final rule did not 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. Without any action by the EPA to the 
    contrary, individual 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.
        As discussed below, the compliance extension promulgated today will 
    allow sufficient time for the EPA to complete the evaluation of 
    equivalent control technologies for continuous web cleaning machines, 
    as well as time for industry to implement any required changes.
    
    II. Comments Received on Proposed Compliance Changes and EPA 
    Response to Comments
    
        Three comment letters were received on the proposed extension of 
    the compliance date for continuous web cleaning machines. All of these 
    comments were from industrial facilities who believed that their 
    operations fit the definition of ``continuous web cleaning.'' These 
    comments have been included in the docket to the Halogenated Solvent 
    Cleaning NESHAP (Docket No. A-92-39) as Items VI-D-01 through VI-D-03.
        Each of these facilities commented on the proposed compliance 
    extension, as well as provided additional information for consideration 
    by the EPA during the review and analysis of continuous web cleaning 
    machines. Because there were only three comment letters, no separate 
    response to comment document has been prepared. This preamble serves as 
    the only summary of the comments received on the proposed compliance 
    extension.
        The data provided by the commenters supported the EPA's conclusion 
    that the continuous web cleaning machines warrant further evaluation. 
    The design and operation, and, therefore, the emissions characteristics 
    of these machines are different from the solvent cleaning machines 
    (e.g., batch cold cleaning machines, in-line cleaning machines) that 
    the EPA evaluated during the NESHAP development process. The types of 
    units discussed in the comment letters as potentially fitting the 
    definition of continuous web cleaners include web crawlers, wire 
    drawers, thin strip cleaning machines, and photographic film cleaning 
    equipment. According to the commenters, none of these units can 
    unambiguously be classified as either a ``batch cold cleaning machine'' 
    or as an ``in-line cold cleaning machine.''
        All of the commenters supported the EPA's proposal to extend the 
    comment period by 1 year. One commenter stated that a 1 year extension 
    would not be sufficient to achieve compliance. As an alternative, the 
    commenter recommended a minimum of 18 months after the promulgation of 
    final standards applicable to continuous web cleaning machines. The 
    commenter stated that the additional time would allow for the retrofit 
    of existing equipment or the installation of new equipment if required 
    by the revised rule.
        The EPA shares the concern of the commenter that a 1 year extension 
    to August 3, 1999 may not be sufficient time to allow both the EPA's 
    analysis and a facility's compliance with the new requirements for 
    these type of solvent cleaning machines. However, the EPA does not 
    believe at this time that 18 months after the promulgated equivalency 
    determination will be required. The time required for compliance with 
    the new requirements will largely depend on the types of modification 
    or enhancements required by the affected sources. Since the EPA agrees 
    that some additional time will be necessary, the EPA is promulgating a 
    small extension to the proposed August 3, 1999 date. The EPA will 
    review this date during development of requirements for continuous web 
    cleaning machines and may revise the date, if warranted. In today's 
    action, the EPA is extending the compliance extension until December 2, 
    1999. The EPA currently believes that this will allow sufficient time 
    for the EPA to conduct the technical analysis, propose and promulgate 
    the equivalency determination for continuous web cleaners, and for 
    industry to comply with such requirements. This date is also linked to 
    the original compliance date of December 2, 1997, which should help to 
    provide consistent dates for ongoing reports to the regulating 
    agencies.
    
    III. Administrative Requirements
    
    A. Docket
    
        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) 
    (section 307(d)(7)(A) of the Clean Air Act, 42 U.S.C. 7607(d)(7)(A)).
    
    B. Paperwork Reduction Act
    
        There are no additional information collection requirements 
    contained in this final action. Therefore, approval under the 
    provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is 
    not required.
    
    C. Executive Order 12866 Review
    
        Under Executive Order 12866, the EPA must determine whether a 
    regulatory action is ``significant'' and, therefore, subject to Office 
    of Management and Budget (OMB) review and the requirements of the 
    Executive Order. The Executive Order defines ``significant'' regulatory 
    action as one that is likely to lead to 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 in 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.
    
    [[Page 68399]]
    
        Pursuant to the terms of the Executive Order, the EPA has 
    determined that this final rule is not a ``significant regulatory 
    action'' within the meaning of the Executive Order. The amendments 
    issued today extend the compliance date for continuous web cleaning 
    machines. These amendments do not add any new control requirements. 
    Therefore, this regulatory action is considered ``not significant'' and 
    OMB review is not required.
    
    D. Regulatory Flexibility/Small Business Regulatory Enforcement 
    Fairness Act of 1996
    
        The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.), as 
    amended by the Small Business Regulatory Enforcement Fairness Act 
    (SBREFA) of 1996, requires the EPA to give special consideration to the 
    effect of Federal regulations on small entities and to consider 
    regulatory options that might mitigate any such impacts. The EPA is 
    required to prepare a regulatory flexibility analysis and coordinate 
    with small entity stakeholders if the Agency determines that a rule 
    will have a significant economic impact on a substantial number of 
    small entities.
        The EPA has determined that it is not necessary to prepare a 
    regulatory flexibility analysis in connection with this final amendment 
    to the rule because the compliance extension for continuous web 
    cleaning machines will not have a significant economic impact on a 
    substantial number of small entities. Small entities include small 
    businesses, small not-for-profit enterprises, and small government 
    jurisdictions. See the April 22, 1994 Federal Register (59 FR 19449) 
    for the basis for this determination. The changes to the rule merely 
    extend the compliance date for continuous web cleaning machines and, 
    therefore, do not create any additional burden for any of the regulated 
    entities.
    
    E. Submission to Congress and the General Accounting Office
    
        The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
    the SBREFA 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. The EPA will submit a 
    report containing this rule and other required information to the 
    United States Senate, the United States House of Representatives, and 
    the Comptroller General of the United States prior to publication of 
    the rule in the Federal Register. A major rule cannot take effect until 
    60 days after it is published in the Federal Register. This action is 
    not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 
    effective December 11, 1998.
    
    F. Unfunded Mandates Reform Act
    
        Under section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
    must prepare a budgetary impact statement to accompany any proposed or 
    final rule that includes a Federal mandate that may result in estimated 
    costs to State, local, or tribal governments in the aggregate, or to 
    the private sector, of $100 million or more in any one year. Under 
    section 205, the EPA must select the least costly, most cost-effective, 
    or least burdensome alternative that achieves the objectives of the 
    rule and is consistent with statutory requirements. Section 203 
    requires the EPA to establish a plan for informing and advising any 
    small governments that may be significantly or uniquely impacted by the 
    rule.
        The EPA has determined that the action promulgated today does not 
    include a Federal mandate that may result in estimated costs of $100 
    million or more to either State, local, or tribal governments in the 
    aggregate or to the private sector in any one year. Therefore, the 
    requirements of sections 202 and 205 of the Unfunded Mandates Act do 
    not apply to this action. The EPA has likewise determined that the 
    action promulgated today does not include any regulatory requirements 
    that might significantly or uniquely affect small governments. Thus, 
    today's action is not subject to the requirements of section 203 of the 
    Unfunded Mandates Act.
    
    G. National Technology Transfer and Advancement Act
    
        Section 12(d) of the National Technology Transfer and Advancement 
    Act (the NTTAA) of 1995, Public Law 104-113, section 12(d) (15 U.S.C. 
    272 note), directs the EPA to use voluntary consensus standards in its 
    regulatory activities unless to do so would be inconsistent with 
    applicable law or otherwise impractical. Voluntary consensus standards 
    are technical standards (e.g., materials specifications, test methods, 
    sampling procedures, business practices, etc.) that are developed or 
    adopted by voluntary consensus standard bodies. The NTTAA requires the 
    EPA to provide Congress, through OMB, explanations when the Agency 
    decides not to use available and applicable voluntary consensus 
    standards.
        This regulatory action extends the compliance date for continuous 
    web cleaning machines. Thus, this action does not involve any technical 
    standards that would require the EPA to consider voluntary consensus 
    standards pursuant to section 12(d) of the NTTAA.
    
    H. Executive Order 12875: Enhancing Intergovernmental Partnership
    
        Under Executive Order 12875, the EPA may not issue a regulation 
    that is not required by statute and that creates a mandate upon a 
    State, local, or tribal government, unless the Federal government 
    provides the funds necessary to pay the direct compliance costs 
    incurred by those governments, or EPA consults with those governments. 
    If the EPA complies by consulting, Executive Order 12875 requires the 
    EPA to provide to the OMB a description of the extent of the EPA's 
    prior consultation with representatives of affected State, local, and 
    tribal governments, the nature of their concerns, copies of any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 12875 
    requires the EPA to develop an effective process permitting elected 
    officials and other representatives of State, local, and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.''
        Today's amendments to the rule do not create a mandate on State, 
    local, or tribal governments. The amendments do not impose any 
    enforceable duties on these entities. Accordingly, the requirements of 
    section 1(a) of Executive Order 12875 do not apply to this rule.
    
    I. Executive Order 13045: Protection of Children From Environmental 
    Health Risks and Safety Risks
    
        Executive Order 13045, ``Protection of Children from Environmental 
    Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
    to any rule that: (1) is determined to be ``economically significant'' 
    as defined under Executive Order 12866, and (2) concerns an 
    environmental health or safety risk that the EPA has reason to believe 
    may have a disproportionate effect on children. If the regulatory 
    action meets both criteria, the EPA must evaluate the environmental 
    health or safety effects of the planned rule on children, and explain 
    why the planned regulation is preferable to other potentially effective 
    and reasonably feasible alternatives considered by the Agency.
    
    [[Page 68400]]
    
        This final rule is considered not ``economically significant'' as 
    defined under Executive Order 12866 and, therefore, is not subject to 
    Executive Order 13045.
    
    J. Executive Order 13084: Consultation and Coordination With Indian 
    Tribal Governments
    
        Under Executive Order 13084, the EPA may not issue a regulation 
    that is not required by statute, that significantly or uniquely affects 
    the communities of Indian tribal governments, and that imposes 
    substantial direct compliance costs on those communities, unless the 
    Federal government provides the funds necessary to pay the direct 
    compliance costs incurred by the tribal governments, or the EPA 
    consults with those governments. If the EPA complies by consulting, 
    Executive Order 13084 requires the EPA to provide to the OMB, in a 
    separately identified section of the preamble to the rule, a 
    description of the extent of the EPA's prior consultation with 
    representatives of affected tribal governments, a summary of the nature 
    of their concerns, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 13084 requires the EPA to 
    develop an effective process permitting elected officials and other 
    representatives of Indian tribal governments ``to provide meaningful 
    and timely input in the development of regulatory policies on matters 
    that significantly or uniquely affect their communities.''
        Today's amendments to the rule do not significantly or uniquely 
    affect the communities of Indian tribal governments. The amendments 
    issued today extend the compliance date for continuous web cleaning 
    machines, and do not add any new requirements. Accordingly, the 
    requirements of section 3(b) of Executive Order 13084 do not apply to 
    this rule.
    
    List of Subjects in 40 CFR Part 63
    
        Environmental protection, Air pollution control, Continuous web 
    cleaning machines, Halogenated solvent cleaning machines, Hazardous 
    substances, Reporting and recordkeeping requirements.
    
        Dated: December 4, 1998.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, title 40, chapter I of the 
    Code of Federal Regulations is 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 December 2, 1999.
    * * * * *
    
    
    Sec. 63.470  [Removed and reserved].
    
        3. Part 63 is amended by removing and reserving section 63.470.
    [FR Doc. 98-32991 Filed 12-10-98; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
12/11/1998
Published:
12/11/1998
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule; compliance extension.
Document Number:
98-32991
Dates:
The regulation is effective on December 11, 1998.
Pages:
68397-68400 (4 pages)
Docket Numbers:
AD-FRL-6201-2
RINs:
2060-A104
PDF File:
98-32991.pdf
CFR: (2)
40 CFR 63.460
40 CFR 63.470