Air pollutants, hazardous; national emission standards: Halogenated solvent cleaning,
[Federal Register: December 11, 1998 (Volume 63, Number 238)]
[Rules and Regulations]
[Page 68397-68400]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de98-6]
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:
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Background II. Comments Received on Proposed Compliance Changes and EPA Response to Comments III. Administrative Requirements
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Docket
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Paperwork Reduction Act
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Executive Order 12866 Review
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Regulatory Flexibility/Small Business Regulatory Enforcement Fairness Act of 1996
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Submission to Congress and the General Accounting Office
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Unfunded Mandates Reform Act
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National Technology Transfer and Advancement Act
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Executive Order 12875: Enhancing the Intergovernmental Partnership
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Executive Order 13045: Protection of Children from Environmental Health Risks and Safety Risks
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Executive Order 13084: Consultation and Coordination with Indian Tribal Governments
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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.
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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.
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Administrative Requirements
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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)).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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]
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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
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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].
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Part 63 is amended by removing and reserving section 63.470.
[FR Doc. 98-32991Filed12-10-98; 8:45 am]
BILLING CODE 6560-50-P
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