National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning

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.

-----------------------------------------------------------------------

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:

------------------------------------------------------------------------

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 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

[[Page 24768]]

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