National Emission Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning

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.

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

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:

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

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