[Federal Register Volume 63, Number 86 (Tuesday, May 5, 1998)]
[Rules and Regulations]
[Pages 24749-24751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11753]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6007-5]
RIN 2060-A104
National Emission Standards for Hazardous Air Pollutants:
Halogenated Solvent Cleaning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Notice of temporary stay.
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SUMMARY: Today's action announces a 3-month stay of certain national
emission standards for hazardous air pollutants (NESHAP) for certain
sources. The effectiveness of the provisions for ``National Emission
Standards for Hazardous Air Pollutants: Halogenated Solvent Cleaning,''
December 2, 1994) for continuous web cleaning machines using
halogenated hazardous air pollutant (HAP) solvents is stayed for 3
months for good cause pursuant to section 553(b)(3)(B) of the
Administrative Procedure Act. Since the compliance date for existing
affected sources covered by this NESHAP was December 2, 1997, it is not
practical to propose and take public comment on this 3-month stay.
This action also revises the definition of the term ``part'' and
adds a definition for continuous web cleaning machine to Sec. 63.461. A
continuous web cleaning machine is one that cleans parts such as film,
coils, wire, and metal strips at speeds in excess of 11 feet per
minute. Parts are generally uncoiled, cleaned such that the same part
is simultaneously entering and exiting the solvent cleaning machine,
and then recoiled or cut.
Elsewhere in the Proposed Rules Section of today's Federal
Register, the EPA proposes to extend the compliance date for sources
affected by today's stay for 1 year in order to complete the rulemaking
pertaining to control of emissions from continuous web cleaning
machines.
This stay affects only those sources which meet the criteria
describing a continuous web cleaning machine using halogenated HAP
solvents.
EFFECTIVE DATE: May 5, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Almodovar at (919) 541-0283,
Emission Standards Division (MD-13), U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina 27711. For information
regarding the applicability of this action to a particular entity,
contact Mrs. Tracy Back, Manufacturing Branch, Office of Compliance
(2223A), U.S. Environmental Protection Agency, 401 M Street, SW,
Washington, DC 20460; telephone (202) 564-7076.
SUPPLEMENTARY INFORMATION:
Regulated Entities
Entities potentially regulated by this action are owners or
operators of continuous web cleaning machines using any solvent
containing methylene chloride, perchloroethylene, trichloroethylene,
1,1,1 trichloroethane, carbon tetrachloride, or chloroform, or any
combination of these halogenated HAP solvents, in a concentration
greater than 5 percent by weight, as a cleaning or drying agent.
Regulated categories include:
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Category Examples of regulated entities
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Industry.......................... Facilities engaging in cleaning
operations using halogenated
solvent cleaning machines.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities that the EPA is now aware of that
potentially could be regulated by this action. Other types of entities
not listed in the table also could be regulated. To determine whether
your facility [company, business, organization, etc.] is regulated by
this action, you should carefully examine the applicability criteria in
Sec. 63.460 of the NESHAP for halogenated solvent cleaning operations
that was promulgated in the Federal Register on December 2, 1994 (59 FR
61801) and codified at 40 CFR part 63, subpart T. If you have questions
regarding the applicability of this action to a particular entity,
consult Mrs. Tracy Back at the address listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
I. Background
On December 2, 1994, the EPA promulgated NESHAP for halogenated
solvent cleaning operations (59 FR
[[Page 24750]]
61801). These standards were codified as subpart T in 40 CFR part 63.
These standards established equipment and work practice standards for
individual batch vapor, in-line vapor, in-line cold, and batch cold
solvent cleaning machines using any solvent containing methylene
chloride, perchloroethylene, trichloroethylene, 1,1,1 trichloroethane,
carbon tetrachloride, or chloroform, or any combination of these
halogenated HAP solvents in a concentration greater than 5 percent by
weight, as a cleaning or drying agent.
Since promulgation of the halogenated solvent cleaning NESHAP on
December 2, 1994, the EPA has become aware of the existence of various
sources cleaning parts such as film, coils, wire, and metal strips at
speeds in excess of the 11 feet per minute limit in the NESHAP using
halogenated cleaning solvents. Parts are generally uncoiled, cleaned
such that the same part is simultaneously entering and exiting the
solvent cleaning machine, and then recoiled or cut. These solvent
cleaning machines are typically referred to as continuous web cleaning
machines. The design and operation, and therefore, the emission
characteristics of these machines are different from the solvent
cleaning machines (e.g., batch cold cleaners, in-line cleaners) that
the EPA analyzed during the NESHAP rule development process. Therefore,
in order for the EPA to properly address emission characteristics and
controls, and to better regulate HAP emissions from continuous web
cleaning machines, the Agency is staying the effectiveness of the
provisions of the NESHAP for continuous web cleaning machines using
halogenated HAP solvents. The EPA will take this time to further
evaluate these types of operations, their emission characteristics, and
the effectiveness of various control measures in order to determine
equivalent methods of control for them.
In addition, the EPA is also revising the definition of the term
``part'' and adding a definition for continuous web cleaning machine to
Sec. 63.461.
II. Issuance of Stay
The EPA hereby issues a 3-month stay of the effectiveness of the
NESHAP for halogenated solvent cleaning machines applicable to
continuous web cleaning machines using halogenated HAP. The EPA will
also reconsider the compliance dates in the rule and, following the
notice and comment procedures of section 307(d) of the Clean Air Act,
will take appropriate action.
III. Authority for Stay
The stay announced by this notice is being issued pursuant to
section 553(b)(3)(B) of the Administrative Procedure Act.
The grounds for staying the requirements of this rule for
continuous web cleaning machines arose after the public comment period
and close to the compliance date for this rule. The impracticality of
requiring compliance by continuous web cleaning machines with the
provisions of the NESHAP became apparent after the final rule had been
promulgated. Therefore, the EPA is staying the effectiveness of the
rule for 3 months in order to allow time to evaluate equivalent methods
of control for continuous web cleaning machines using halogenated HAP
solvents.
Because the need for a stay was only realized recently, and the
compliance date for the rule was December 2, 1997, it is both
impracticable and contrary to the public interest to provide an
opportunity for comment before issuing the stay. The EPA, therefore,
finds that there is good cause in accordance with section 553(b)(3)(B)
of the Administrative Procedures Act to publish this temporary stay
without prior opportunity for public comment.
IV. Proposed Compliance Extension
The EPA may not be able to complete the equivalent methods of
control determination for continuous web cleaning machines within the
3-month period expressly provided for in this action. Therefore, EPA is
proposing to temporarily extend the applicable compliance dates. In the
Proposed Rule Section of today's Federal Register, the EPA proposes a
temporary extension of the compliance dates beyond 3 months in order to
complete the equivalent methods of control determinations and revisions
of the rules in question.
V. Administrative Requirements
A. Paperwork Reduction Act
There are no additional information collection requirements
associated with this temporary stay. Therefore, approval under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., is
not required. b. Executive Order 12866
B. Executive Order 12866
Under Executive Order 12866, the EPA is required to determine
whether a regulation is ``significant,'' and therefore, subject to
Office of Management and Budget review and the requirements of this
Executive Order to prepare a regulatory impact analysis. The Executive
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may (1) have an annual effect on the economy
of $100 million or more, or adversely affect in a material way the
economy, a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or Tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this action is not a ``significant regulatory action''
within the meaning of the Executive Order because this action provides
a temporary stay of the effectiveness of the rule to allow time to
evaluate equivalent methods of control for continuous web cleaning
machines using halogenated HAP solvents.
C. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. However, section 808 provides that any
rule for which the issuing agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rule) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest, shall take effect at
such time as the agency promulgating the rule determines. 5 U.S.C.
808(2). As stated previously, the EPA has made such a good cause
finding, including the reasons therefore, and established an effective
date of May 5, 1998. The EPA will submit a report containing this rule
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
D. Regulatory Flexibility
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this action
[[Page 24751]]
will not have a significant economic impact on a substantial number of
small business entities because the requirements of the rule are being
stayed for continuous web cleaning machines.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the UMRA generally requires
the EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective, or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows the EPA to adopt an
alternative other than the least costly, most cost-effective, or least
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before the
EPA establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA. In addition, the EPA
has determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments because it
contains no requirements that apply to such governments or impose
obligations upon them. Therefore, today's rule is not subject to the
requirements of section 203 of the UMRA.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: April 27, 1998.
Carol M. Browner,
Administrator.
Title 40 chapter I of the Code of Federal Regulations is amended as
follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart T--[Amended]
2. Section 63.461 is amended by adding in alphabetical order the
definition for ``continuous web cleaning machine'' and by revising the
definition for ``part'' to read as follows:
Sec. 63.461 Definitions.
* * * * *
Continuous web cleaning machine means a solvent cleaning machine in
which parts such as film, coils, wire, and metal strips are cleaned at
speeds in excess of 11 feet per minute. Parts are generally uncoiled,
cleaned such that the same part is simultaneously entering and exiting
the solvent cleaning machine, and then recoiled or cut.
* * * * *
Part means any object that is cleaned in a solvent cleaning
machine. Parts include, but are not limited to, discrete parts,
assemblies, sets of parts, and parts cleaned in a continuous web
cleaning machine (i.e., continuous sheets of metal, film).
* * * * *
3. Section 63.470 is added to Subpart T to read as follows:
Sec. 63.470 Stay of effective date.
Notwithstanding any other provision of this subpart, the
effectiveness of Secs. 63.460 thru 63.469 of subpart T is stayed until
August 3, 1998 as applied to continuous web cleaning machines using
halogenated HAP solvents.
[FR Doc. 98-11753 Filed 5-4-98; 8:45 am]
BILLING CODE 6560-50-P