National Air Emission Standards for Hazardous Air Pollutants, Halogenated Solvent Cleaning: Notice of Data Availability, 75182-75186 [E6-21296]
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules
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Issued in Washington, DC, this 8th day of
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Vincent K. Snowbarger,
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Corporation.
[FR Doc. E6–21279 Filed 12–13–06; 8:45 am]
BILLING CODE 7709–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2002–0009; FRL–8256–2]
RIN 2060–AK22
National Air Emission Standards for
Hazardous Air Pollutants, Halogenated
Solvent Cleaning: Notice of Data
Availability
Environmental Protection
Agency (EPA).
ACTION: Notice of data availability.
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AGENCY:
SUMMARY: EPA is issuing this Notice of
Data Availability (NODA) in support of
the proposed rule issued August 17,
2006, entitled ‘‘National Emission
Standards for Hazardous Air
Pollutants—Halogenated Solvent
Cleaning’’. EPA received a number of
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comments on the proposed rule and is
in the process of evaluating those
comments. This NODA addresses
certain new data and information that
EPA received concerning the unique
nature and size of the degreasing
machines used by the following
facilities: narrow tubing manufacturing
facilities, facilities that manufacture
specialized products requiring
continuous web cleaning, aerospace
manufacturing and maintenance
facilities, large military vehicle
maintenance operations, and facilities
that use multiple degreasing machines.
Specifically, the new data and
information that form the basis of this
NODA relates to the following three
issues; the ability of the above-noted
facilities meeting the proposed facilitywide emission limits; the cost impacts
associated with the above-noted
facilities implementing the proposed
facility-wide emission limits; and, the
time frame needed for the above-noted
facilities to comply with the proposed
facility-wide emission limits.
Although we recognize that the public
has access to comments submitted
during the comment period, we are
nonetheless issuing this NODA because
the new data and information at issue in
this NODA are directly relevant to the
alternative proposed standards
described in the proposed rule. We are
seeking comment only on the three
issues identified above that relate to the
unique nature and size of the degreasing
machines used by the facilities specified
above. We do not intend to respond to
comments addressing any other aspect
of the proposed rule.
DATES: Comments on the NODA must be
received on or before January 29, 2007.
ADDRESSES: Comments on the NODA
should be submitted to Docket ID No.
EPA–HQ–OAR–2002–0009. Comments
may be submitted by one of the
following methods: Federal
eRulemaking Portal: https://https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://www.epa.gov/
edocket. EDOCKET, EPA’s electronic
public docket and comment system is
EPA’s preferred method for receiving
comments. Follow the on-line
instructions for submitting comments.
E-mail: A-and-R-Docket@epa.gov.
Mail: Air Docket, National Emission
Standards for Hazardous Air
Pollutants—Halogenated Solvent
Cleaning, Environmental Protection
Agency, Mail Code: 6102T, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460. Please include a
total of two copies.
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Hand Delivery: EPA Docket Center,
1301 Constitution Avenue, NW., Room
B108, Washington, DC. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Note: The EPA Docket Center suffered
damage due to the flooding during the last
week of June 2006. The Docket Center is
continuing to operate. During the cleanup,
however, there will be temporary changes to
Docket Center telephone numbers, addresses,
and hours of operation for people who wish
to make hand deliveries or visit the Public
Reading Room to view documents. Consult
the EPA Web site at https://www.epa.gov/
eaphome/dockets.htm for current
information on docket operations, locations
and telephone numbers. The Docket Center’s
mailing address for U.S. mail and the
procedure for submitting comments to
www.regulations.gov are not affected by the
flooding and will remain the same.
Instructions: Direct your comments on
the NODA to Docket ID No. EPA–HQ–
OAR–2002–0009. The EPA’s policy is
that all comments received will be
included in the public docket(s) without
change and may be made available
online at https://www.epa.gov/edocket,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
EDOCKET, regulations.gov, or e-mail.
The EPA EDOCKET and the Federal
regulations.gov Web sites are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
EDOCKET or regulations.gov, your Email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the EDOCKET index at
https://www.epa.gov/edocket. Although
listed in the index, some information is
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not publicly available (i.e., CBI or other
information whose disclosure is
restricted by statute). Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the EPA Docket Center, EPA
West, Room B102, 1301 Constitution
Avenue, NW., Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the Air Docket
is (202) 566–1742.
H.
Lynn Dail, U.S. EPA, Office of Air
Quality Planning and Standards, Sector
Policies and Planning Division, Natural
Resources and Commerce Group (E143–
03), Research Triangle Park, North
Carolina 27711, telephone number (919)
541–2363, e-mail at dail.lynn@epa.gov.
FOR FURTHER INFORMATION CONTACT:
The
information presented in this NODA is
organized as follows:
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SUPPLEMENTARY INFORMATION:
I. Additional Information on Submitting
Comments
A. How Can I Help EPA Ensure That My
Comments Are Reviewed Quickly?
B. What Should I Consider as I Prepare My
Comments for EPA?
1. Submitting CBI
2. Tips for Preparing Your Comments
II. Why Is EPA Issuing This NODA and What
Are the Issues on Which EPA Is Soliciting
Comment?
III. Proposed Emission Limit Options
A. What Are the Proposed Emissions
Limits?
B. What Is the New Information or Data
That EPA Is Making Available for
Review and Comment?
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
IV. EPA’s Proposed Cost Assessment
A. What Are the Estimated Compliance
Costs?
B. What Is the New Information EPA Is
Making Available for Review and
Comment?
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
V. EPA’s Proposed Compliance Schedule
A. What Is the Proposed Compliance
Schedule?
B. What Is the New Information EPA Is
Making Available for Review and
Comment?
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
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I. Additional Information on
Submitting Comments
A. How Can I Help EPA Ensure That My
Comments Are Reviewed Quickly?
To expedite review of your comments
by Agency staff, you are encouraged to
send a separate copy of your comments,
in addition to the copy you submit to
the official docket, to H. Lynn Dail, U.S.
EPA, Office of Air Quality Planning and
Standards, Natural Resources and
Commerce Group, Mail Code E143–03,
Research Triangle Park, North Carolina
27711, telephone (919) 541–2363, e-mail
dail.lynn@epa.gov.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit CBI
information to EPA through EDOCKET,
regulations.gov, or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information on a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket.
Information or documents declared as
CBI will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The Agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Make sure to submit your
comments by the comment period
deadline identified.
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II. Why Is EPA Issuing This NODA and
What Are the Issues on Which EPA Is
Soliciting Comment?
In August 2006, pursuant to CAA
sections 112(d)(6) and (f)(2), EPA issued
the proposed rule entitled, ‘‘National
Emission Standards for Hazardous Air
Pollutants—Halogenated Solvent
Cleaning’’ (Docket ID No. EPA–HQ–
OAR–2002–0009) (the ‘‘proposed rule’’).
See 71 FR 47670 (Aug. 17, 2006). In
developing the proposed rule, EPA used
the best available data that it had before
it at the time. Detailed background
information describing the proposed
rulemaking may be found in the
proposed rule and the docket in support
of that rule.
During the public comment period,
EPA received certain new data and
information concerning the unique
nature and size of the degreasing
machines used by the following
facilities: narrow tubing manufacturing
facilities, facilities that manufacture
specialized products requiring
continuous web cleaning,1 aerospace
manufacturing and maintenance
facilities, large military vehicle
maintenance operations, and facilities
that use multiple degreasing machines.
The new data and information at issue
in this NODA are directly relevant to the
alternative proposed standards
described in the proposed rule. To
better inform our decision making, we
are identifying the new data and
information received from the abovenoted facilities and soliciting comment
on the following three discrete issues:
(1) The ability of the above-noted
facilities meeting the proposed facilitywide emission limits, (2) the cost
impacts associated with the above-noted
facilities implementing the proposed
facility-wide emission limits, and (3) the
time frame needed for the above-noted
facilities to comply with the proposed
facility-wide emission limits. The EPA
will consider only comments, data or
information related to these three issues.
We do not intend to respond to
comments addressing any other aspect
of the proposed rule.
All the comments, information and
data submitted by commenters and
discussed in this NODA are available in
the Air Docket, National Emission
1 On December 2, 1994, EPA promulgated HSC
NESHAP that established both control device and
work practice requirements for batch and in-line
solvent cleaning machines (59 FR 61801).
Continuous web cleaning machines are a subset of
in-line cleaning machines. Subsequently, we
clarified the applicability of certain compliance
options under the HSC NESHAP, and also specified
alternative compliance requirements for continuous
web cleaning machines (64 FR 67793, 67794–67796
(December 3, 1999)).
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Standards for Hazardous Air
Pollutants—Halogenated Solvent
Cleaning, Environmental Protection
Agency, Docket ID No. EPA–HQ–OAR–
2002–0009.
III. Proposed Emissions Limit Options
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A. What Are the Proposed Emissions
Limits?
The proposed rule presented an
emissions limit approach whereby
emissions of the hazardous air
pollutants (HAP), perchloroethylene
(PCE), trichloroethylene (TCE), and
methylene chloride (MC) from facilities
operating halogenated solvent cleaning
machines are capped at levels
determined to protect public health
with an ample margin of safety and to
prevent adverse environmental effects.2
Specifically, under the proposed rule,
the owner or operator of each affected
facility would ensure that the facilitywide PCE, TCE, and MC emissions from
all halogenated solvent cleaning
machines subject to the MACT
standards are less than or equal to
specific solvent emissions limits, as
identified in the proposed rule. The
proposed rule identified six different
regulatory alternatives in this regard,
including the two co-proposed options
of 25,000 kilograms per year (kg/yr) and
40,000 kg/yr of MC equivalent.
We believe that there are multiple
ways in which facilities can comply
with the proposed rule, and while we
analyzed and identified in the proposed
rule some of the methods that may
effectively reduce emissions, we neither
proposed specific compliance options
nor did we limit the options by which
facilities could comply. Under the
proposed revised standards, the HSC
MACT requirements for all applicable
new and existing sources would remain
applicable. See 71 FR 47675–47676 and
47683–47684 for a complete discussion
of the proposed facility-wide solvent
emission limit and compliance options.
Nothing in the proposed rule precludes
a facility from using a compliance
option not identified in the proposal.
Sources may implement compliance
options identified in the MACT or
whatever compliance options they
choose regardless of whether it is
mentioned in the August 2006 proposal
or the MACT.
B. What Is the New Information or Data
That EPA Is Making Available for
Review and Comment?
• Comments and data provided by the
Halogenated Solvents Industry Alliance
2 EPA’s proposed determination pursuant to CAA
section 112(d)(6) is set forth in the proposed rule
at 71 FR 47684–47685.
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(HSIA) concerning the technical
infeasibility of using solvent switching,
retrofitting, and installation of vacuumto-vacuum machines on applications in
the narrow tubing and aerospace
industries, facilities that use continuous
web cleaners and large military vehicle
maintenance facilities. HSIA states that
these degreasing applications use large
machines and the current low-emitting
cleaning machines are technically
infeasible because these industries
degrease parts of uncommon sizes and
shapes that these machines have not
been commonly designed to handle. The
commenter provides instances where
particular companies have installed
low-emitting equipment yet were unable
to meet the 1994 HSC NESHAP. The
commenter stated that the EPA should
revise its emission reduction estimate
for vacuum cleaning machines and have
this new estimate confirmed by
companies that have recently installed
vacuum-to-vacuum machines.
• Comments and data provided by the
American Safety Razor Company,
concerning the technical infeasibility of
solvent switching, retrofitting and
vacuum-to-vacuum machines for
facilities using continuous web cleaning
machines because the cleaning process
is so unique and different from the other
forms of degreasing, batch cold and
vapor cleaning. The commenter states
that EPA incorrectly concluded that
solvent switching will work for
continuous web cleaners because,
according to the commenter, a majority
of alternative HAP and non-HAP
solvents are incompatible with its
products. Without any supporting data,
the commenter also states that EPA’s
proposal significantly overstates the
potential for emission reductions in the
source category.
• Comments and data provided by
Delta Air Lines suggesting that EPA
should establish limits on each
degreaser in terms of either kilograms
per degreaser or kilograms per square
meter of solvent/air interface area. The
commenter indicates that low-emitting
technology such as the vacuum-tovacuum machines are not feasible when
considering the unique shape and size
of the parts they clean because of shape,
size, metallurgy, corrosion resistance
and that many aerospace maintenance
procedures are approved by the Federal
Aviation Administration. The
commenter further suggests that EPA
create emissions limits for an aerospace
degreasing subcategory.
• Comments and data provided by
Spirit Aerosystems on compliance
options for the proposed facility-wide
emissions limits. The commenter
compels EPA to consider regulatory
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approaches other than the single
facility-wide emissions limit that do not
result in a disproportionate and unfair
regulatory burden on large facilities
with unique, complex and stringent
production requirements related to
materials cleaning and for whom few
compliance options are available. In
simple terms, the commenter states that
reducing emissions to the emission
limit, when compared to smaller
facilities, the aerospace facilities faces
greater liability and burden than most
other degreasing facilities.
• Comments provided by Eastman
Kodak Company indicate their belief
that facility-wide emission limits leave
source owners only two compliance
options: (1) establish internal
production restrictions or (2) install
add-on capture and control equipment
to insure operating flexibility.
• Comments and data provided by
narrow tubing manufacturers, such as
Salem Tubing, Superior Tubing,
Plymouth Tubing, Accellent Endoscopy
and Summerill Tubing, on the technical
infeasibility of achieving the degree of
emissions reduction projected by EPA.
The commenters contend that there may
be no technology or degreasing method
available to their industry that would
allow them to reduce emissions further.
The commenters state that switching to
an alternative solvent could present a
myriad of problems including
incompatibility with materials being
cleaned, solvent performance, and
worker safety concerns, especially with
MC. The commenters also explain that
many facilities have retrofitted their
equipment and that emission reduction
option would not be available to them.
They also state that vacuum-to-vacuum
cleaning machines have not been
engineered or built to the large size
necessary to effectively degrease
specialized tubing such as 40-foot
lengths of tubing and large coils. The
commenters provided data to support
these comments.
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
The EPA is soliciting comment on the
new data provided. EPA also seeks
additional data and information
concerning the specific comments
described above that relate to the three
issues identified at the outset of this
NODA. In addition, with respect to
narrow tubing manufacturing facilities,
aerospace manufacturing and
maintenance facilities, large military
vehicle maintenance operations,
facilities that use multiple degreaser
machines, and facilities that use
continuous web cleaners, EPA seeks
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additional data and information from
these facilities that includes, but is not
limited to, any technology or other
methods or approaches that may
achieve the proposed emission limits.
The EPA is also requesting that
commenters provide detailed comments
if their responses indicate that there are
no technologies or other methods
available or feasible. Commenters may
also provide details of any barriers that
may exist to prevent lowering of
emission levels. The EPA further
requests that commenters provide data
on the operational life expectancy of
HSC machines, and the difference in
floor space needed to install lowemitting machines.
IV. EPA’s Proposed Cost Assessment
A. What Are the Estimated Compliance
Costs?
Pursuant to the CAA section 112(f),
EPA evaluated the remaining risk to
public health and the environment
following implementation of the
technology-based rule for HSC
machines. The EPA proposed more
stringent standards in order to protect
the public health with an ample margin
of safety and to prevent adverse
environmental impacts. In the second
step of the ample margin of safety
analysis, EPA considered the issue of
costs consistent with section 112(f)(2).
EPA analyzed and presented the
nationwide cost impacts and emissions
reductions associated with each of the
six regulatory alternatives identified in
the proposal. Two of those alternatives
include the 25,000 kilograms per year
(kg/yr) and 40,000 kg/yr of MC
equivalent alternatives noted above. See
71 FR 47681–47683 for a complete
discussion of our estimated costs to
reduce HAP emissions from HSC
machines.
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B. What Is the New Information EPA Is
Making Available for Review and
Comment?
• Comments and cost information for
design and installation of new vacuumto-vacuum machines was provided by
the narrow tube manufacturers. They
also included comments and data that
indicates that EPA’s capital cost basis is
approximately fifteen times below
industry projected costs range. They
also indicate that EPA failed to factor in
the costs associated with facilities
expanding current building to
accommodate vacuum-to-vacuum
machines that may require a larger floor
space.
• Comments and data provided by an
aerospace industry association indicates
that EPA understated compliance costs
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for the aerospace industry because any
action by the facility to switch solvents
must go through a rigorous approval
process to meet the requirements of the
original equipment manufacturer and
the Federal Aviation Administration
(FAA) to ensure that safety and quality
criteria are met. This process is not a
common process for other HSC
facilities. The commenter also reports
that there are few manufacturers of
vacuum-to-vacuum degreasing
machines and they are not aware if the
technology can effectively degrease
parts of specific types and sizes. The
commenter reported that similar
facilities that installed the technology
incurred costs of over $1 million with
new annualized costs of approximately
$80,000 per year.
• Comments and data provided by the
HSIA indicating that EPA failed to meet
the duty to reasonably consider the
economic effects of the rulemaking on
small businesses. Comments and data
provided by HSIA indicate that EPA’s
costs are understated because, in
actuality, fewer facilities than estimated
by EPA can comply with the rule by
switching solvent, and more facilities
would need to use a more costly method
to comply with the rule. The HSIA
asserts that, even assuming that
emission control technology and/or lowemitting cleaning machines such as
vacuum-to-vacuum machines can be
adapted to the very specific degreasing
requirements for the aerospace and the
narrow tubing industries, the cost of
installing vacuum-to-vacuum machines
at facilities with very large degreasing
operations would be cost prohibitive.
HSIA provides data supporting this
assertion.
• Comments and data provided by
Plymouth Tubing indicate that most
companies using larger machines are
able to purchase solvent at significant
savings, per unit cost. The commenter
contends that EPA solvent cost was
estimated at $1.05 per pound. That cost
is significantly higher that the $0.71 per
pound of fresh unused TCE the
commenter purchases. The commenter
indicates that the cost savings EPA
anticipated with reduced solvent use is
significantly overstated.
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
EPA is soliciting comment on the new
data provided. EPA also seeks
additional data and information
concerning the specific comments
described above that relate to the three
issues identified at the outset of this
NODA. In addition, as for the narrow
tubing manufacturing facilities,
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aerospace manufacturing and
maintenance facilities, large military
vehicle maintenance operations,
facilities that use multiple degreaser
machines, and facilities that use
continuous web cleaners, EPA
specifically seeks data and information
from these facilities including, but not
limited to, information on the costs
(capital and operating) to achieve the
proposed facility-wide emission limits.
EPA also requests that commenters
provide specific cost data on the
cleaning machines used by the abovenamed specific industries that may
include, but is not limited to, the costs
of machine replacement with low
emitting machine technology, the costs
associated with applying emission
capture and control technology, the
costs of operating and maintaining such
systems, the costs of installing emission
control systems or low-emitting
machines, the costs of clean unused
solvent, and the cost of switching
solvent to a non-HAP solvent or to a
solvent with less health effects.
EPA is also requesting commenters
that identify new technology, methods
or processes for compliance other than
those EPA analyzed in the proposed
rule to provide the associated costs of
such new technology, methods or
processes. Commenters may provide
comments on barriers to implementing
new technology, methods or processes.
Commenters may also provide
comments with supporting data on any
production rate increases or losses that
may occur at the types of facilities
discussed in this notice when
complying with the proposed emission
limits.
V. EPA’s Proposed Compliance
Schedule
A. What Is the Proposed Compliance
Schedule?
In our proposed rule, we proposed a
compliance deadline of 2 years for
existing sources of halogenated cleaning
machines to comply with the proposed
emissions limits. We also indicated that
the CAA section 112(f)(4)(B) states that
EPA may grant a waiver of up to an
additional 2 years after the effective date
of a standard if more time is needed to
install controls or implement steps to
assure that the health of persons will be
protected from imminent endangerment.
We said we believed the proposed
compliance deadline was both
reasonable and realistic for any affected
facility that has to plan their control
strategy, purchase and install the
control device(s), and bring the control
device online. See 71 FR 47684 for a
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complete discussion of the proposed
compliance deadline.
B. What Is the New Information EPA Is
Making Available for Review and
Comment?
• Comments provided by Aerospace
Industry Association and an airline,
indicating that changing solvents
involves a rigorous approval process to
meet requirements of the Federal
Aviation Administration (FAA) and of
the original equipment manufacturer
(OEM). The commenter indicates that
such an approval process takes
considerable time and requires many
steps.
• Comments provided by HSIA
indicated that a compliance period of as
much as 10 years would be required for
industry to complete the multi-step
process of upgrading degreasing
operations. The commenter cites
installations of new equipment at an
existing facility may require the
following: (1) Extended time to test
performance of untried degreasing
technologies for their particular
application, (2) additional or redesigned
floor space, (3) customer approval of
new degreasing techniques and
machines, (4) amending air permits; (5)
amending government agency directives
on cleaning protocols. HSIA did not
submit data to support this comment.
• Comments and data provided by the
American Safety Razor Company
indicated that EPA should remain
consistent with the proposed HON rule
and provide affected facilities three (3)
years after the effective date of the
promulgated standard.
• Comments and data provided by
Salem Tubing Company on the
compliance period for sources of
existing HSC machines and constructed
or reconstructed HSC machines after
August 17, 2006. The facility indicated
that vacuum-to-vacuum cleaning is not
a feasible option for the narrow tube
manufacturing industry because of the
large size of their degreasing machines
and the fact that the vacuum-to-vacuum
technology is not currently available in
the machines sizes required. The
commenter contends that in order to
design, test and implement such a
system would take much longer than the
proposed compliance period.
• Comments provided by the HSIA
indicated that the compliance schedule
should be amended to (1) require new
facilities constructed after the date of
promulgation to be in compliance upon
startup; (2) consider new facilities
constructed prior to the date of
promulgation to be existing facilities; (3)
allow existing HSC facilities that
installed new equipment after the date
VerDate Aug<31>2005
17:28 Dec 13, 2006
Jkt 211001
of proposal, but prior to the date of
promulgation, 10 years to come into
compliance with any new requirements
consistent with CAA section 112(i)(7),
and (4) allow the maximum amount of
time possible for existing HSC facilities
to come into compliance.
DEPARTMENT OF DEFENSE
C. What Additional Supporting Data or
Documentation Do I Need To Provide
With My Comments?
48 CFR Parts 32 and 52
EPA is soliciting comment on the new
information provided described above
that relates to the issues identified at the
outset of this NODA. In addition, as for
the narrow tubing manufacturing
facilities, aerospace manufacturing and
maintenance facilities, large military
vehicle maintenance operations,
facilities that use multiple degreaser
machines, and facilities that use
continuous web cleaners, EPA
specifically seeks data and information
from these facilities including, but not
limited to, information on the time to
design and install new HSC machines,
the lifespan of the typical HSC machine
used in the facilities of interest (listed
above), the time required to seek
additional permits from State and local
air permitting agencies, the time
required for FAA and OEM approvals to
vary or change degreasing cleaning
procedures, whether a 2-year or a 3-year
compliance period is appropriate, or
data on how much time it would take
to comply with the proposed
requirements.
RIN 9000–AK64
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: December 8, 2006.
Stephen D. Page,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. E6–21296 Filed 12–13–06; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAR Case 2005–016; Docket 2006–0020;
Sequence 14]
Federal Acquisition Regulation; FAR
Case 2005–016, Performance-based
Payments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Proposed rule.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to
implement recommendations to change
the regulations related to performancebased payments (PBP).
DATES: Interested parties should submit
written comments to the FAR
Secretariat on or before February 12,
2007 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAR case 2005–016 by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for any
document by first selecting the proper
document types and selecting ‘‘Federal
Acquisition Regulation’’ as the agency
of choice. At the ‘‘Keyword’’ prompt,
type in the FAR case number (for
example, FAR Case 2006–001) and click
on the ‘‘Submit’’ button. Please include
any personal and/or business
information inside the document.You
may also search for any document by
clicking on the ‘‘Advanced search/
document search’’ tab at the top of the
screen, selecting from the agency field
‘‘Federal Acquisition Regulation’’, and
typing the FAR case number in the
keyword field. Select the ‘‘Submit’’
button.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAR case 2005–016 in all
correspondence related to this case. All
comments received will be posted
E:\FR\FM\14DEP1.SGM
14DEP1
Agencies
[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Proposed Rules]
[Pages 75182-75186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21296]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2002-0009; FRL-8256-2]
RIN 2060-AK22
National Air Emission Standards for Hazardous Air Pollutants,
Halogenated Solvent Cleaning: Notice of Data Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
-----------------------------------------------------------------------
SUMMARY: EPA is issuing this Notice of Data Availability (NODA) in
support of the proposed rule issued August 17, 2006, entitled
``National Emission Standards for Hazardous Air Pollutants--Halogenated
Solvent Cleaning''. EPA received a number of comments on the proposed
rule and is in the process of evaluating those comments. This NODA
addresses certain new data and information that EPA received concerning
the unique nature and size of the degreasing machines used by the
following facilities: narrow tubing manufacturing facilities,
facilities that manufacture specialized products requiring continuous
web cleaning, aerospace manufacturing and maintenance facilities, large
military vehicle maintenance operations, and facilities that use
multiple degreasing machines. Specifically, the new data and
information that form the basis of this NODA relates to the following
three issues; the ability of the above-noted facilities meeting the
proposed facility-wide emission limits; the cost impacts associated
with the above-noted facilities implementing the proposed facility-wide
emission limits; and, the time frame needed for the above-noted
facilities to comply with the proposed facility-wide emission limits.
Although we recognize that the public has access to comments
submitted during the comment period, we are nonetheless issuing this
NODA because the new data and information at issue in this NODA are
directly relevant to the alternative proposed standards described in
the proposed rule. We are seeking comment only on the three issues
identified above that relate to the unique nature and size of the
degreasing machines used by the facilities specified above. We do not
intend to respond to comments addressing any other aspect of the
proposed rule.
DATES: Comments on the NODA must be received on or before January 29,
2007.
ADDRESSES: Comments on the NODA should be submitted to Docket ID No.
EPA-HQ-OAR-2002-0009. Comments may be submitted by one of the following
methods: Federal eRulemaking Portal: https://https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: https://www.epa.gov/edocket. EDOCKET, EPA's
electronic public docket and comment system is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
E-mail: A-and-R-Docket@epa.gov.
Mail: Air Docket, National Emission Standards for Hazardous Air
Pollutants--Halogenated Solvent Cleaning, Environmental Protection
Agency, Mail Code: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: EPA Docket Center, 1301 Constitution Avenue, NW.,
Room B108, Washington, DC. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
Note: The EPA Docket Center suffered damage due to the flooding
during the last week of June 2006. The Docket Center is continuing
to operate. During the cleanup, however, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to make hand deliveries or visit the
Public Reading Room to view documents. Consult the EPA Web site at
https://www.epa.gov/eaphome/dockets.htm for current information on
docket operations, locations and telephone numbers. The Docket
Center's mailing address for U.S. mail and the procedure for
submitting comments to www.regulations.gov are not affected by the
flooding and will remain the same.
Instructions: Direct your comments on the NODA to Docket ID No.
EPA-HQ-OAR-2002-0009. The EPA's policy is that all comments received
will be included in the public docket(s) without change and may be made
available online at https://www.epa.gov/edocket, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the Federal
regulations.gov Web sites are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through EDOCKET or regulations.gov, your
E-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the EDOCKET index
at https://www.epa.gov/edocket. Although listed in the index, some
information is
[[Page 75183]]
not publicly available (i.e., CBI or other information whose disclosure
is restricted by statute). Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically in EDOCKET or in hard copy at the EPA
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: H. Lynn Dail, U.S. EPA, Office of Air
Quality Planning and Standards, Sector Policies and Planning Division,
Natural Resources and Commerce Group (E143-03), Research Triangle Park,
North Carolina 27711, telephone number (919) 541-2363, e-mail at
dail.lynn@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this NODA is
organized as follows:
I. Additional Information on Submitting Comments
A. How Can I Help EPA Ensure That My Comments Are Reviewed
Quickly?
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI
2. Tips for Preparing Your Comments
II. Why Is EPA Issuing This NODA and What Are the Issues on Which
EPA Is Soliciting Comment?
III. Proposed Emission Limit Options
A. What Are the Proposed Emissions Limits?
B. What Is the New Information or Data That EPA Is Making
Available for Review and Comment?
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
IV. EPA's Proposed Cost Assessment
A. What Are the Estimated Compliance Costs?
B. What Is the New Information EPA Is Making Available for
Review and Comment?
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
V. EPA's Proposed Compliance Schedule
A. What Is the Proposed Compliance Schedule?
B. What Is the New Information EPA Is Making Available for
Review and Comment?
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
I. Additional Information on Submitting Comments
A. How Can I Help EPA Ensure That My Comments Are Reviewed Quickly?
To expedite review of your comments by Agency staff, you are
encouraged to send a separate copy of your comments, in addition to the
copy you submit to the official docket, to H. Lynn Dail, U.S. EPA,
Office of Air Quality Planning and Standards, Natural Resources and
Commerce Group, Mail Code E143-03, Research Triangle Park, North
Carolina 27711, telephone (919) 541-2363, e-mail dail.lynn@epa.gov.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit CBI information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information or documents declared as CBI will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The Agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Make sure to submit your comments by the comment period deadline
identified.
II. Why Is EPA Issuing This NODA and What Are the Issues on Which EPA
Is Soliciting Comment?
In August 2006, pursuant to CAA sections 112(d)(6) and (f)(2), EPA
issued the proposed rule entitled, ``National Emission Standards for
Hazardous Air Pollutants--Halogenated Solvent Cleaning'' (Docket ID No.
EPA-HQ-OAR-2002-0009) (the ``proposed rule''). See 71 FR 47670 (Aug.
17, 2006). In developing the proposed rule, EPA used the best available
data that it had before it at the time. Detailed background information
describing the proposed rulemaking may be found in the proposed rule
and the docket in support of that rule.
During the public comment period, EPA received certain new data and
information concerning the unique nature and size of the degreasing
machines used by the following facilities: narrow tubing manufacturing
facilities, facilities that manufacture specialized products requiring
continuous web cleaning,\1\ aerospace manufacturing and maintenance
facilities, large military vehicle maintenance operations, and
facilities that use multiple degreasing machines. The new data and
information at issue in this NODA are directly relevant to the
alternative proposed standards described in the proposed rule. To
better inform our decision making, we are identifying the new data and
information received from the above-noted facilities and soliciting
comment on the following three discrete issues: (1) The ability of the
above-noted facilities meeting the proposed facility-wide emission
limits, (2) the cost impacts associated with the above-noted facilities
implementing the proposed facility-wide emission limits, and (3) the
time frame needed for the above-noted facilities to comply with the
proposed facility-wide emission limits. The EPA will consider only
comments, data or information related to these three issues. We do not
intend to respond to comments addressing any other aspect of the
proposed rule.
---------------------------------------------------------------------------
\1\ On December 2, 1994, EPA promulgated HSC NESHAP that
established both control device and work practice requirements for
batch and in-line solvent cleaning machines (59 FR 61801).
Continuous web cleaning machines are a subset of in-line cleaning
machines. Subsequently, we clarified the applicability of certain
compliance options under the HSC NESHAP, and also specified
alternative compliance requirements for continuous web cleaning
machines (64 FR 67793, 67794-67796 (December 3, 1999)).
---------------------------------------------------------------------------
All the comments, information and data submitted by commenters and
discussed in this NODA are available in the Air Docket, National
Emission
[[Page 75184]]
Standards for Hazardous Air Pollutants--Halogenated Solvent Cleaning,
Environmental Protection Agency, Docket ID No. EPA-HQ-OAR-2002-0009.
III. Proposed Emissions Limit Options
A. What Are the Proposed Emissions Limits?
The proposed rule presented an emissions limit approach whereby
emissions of the hazardous air pollutants (HAP), perchloroethylene
(PCE), trichloroethylene (TCE), and methylene chloride (MC) from
facilities operating halogenated solvent cleaning machines are capped
at levels determined to protect public health with an ample margin of
safety and to prevent adverse environmental effects.\2\
---------------------------------------------------------------------------
\2\ EPA's proposed determination pursuant to CAA section
112(d)(6) is set forth in the proposed rule at 71 FR 47684-47685.
---------------------------------------------------------------------------
Specifically, under the proposed rule, the owner or operator of
each affected facility would ensure that the facility-wide PCE, TCE,
and MC emissions from all halogenated solvent cleaning machines subject
to the MACT standards are less than or equal to specific solvent
emissions limits, as identified in the proposed rule. The proposed rule
identified six different regulatory alternatives in this regard,
including the two co-proposed options of 25,000 kilograms per year (kg/
yr) and 40,000 kg/yr of MC equivalent.
We believe that there are multiple ways in which facilities can
comply with the proposed rule, and while we analyzed and identified in
the proposed rule some of the methods that may effectively reduce
emissions, we neither proposed specific compliance options nor did we
limit the options by which facilities could comply. Under the proposed
revised standards, the HSC MACT requirements for all applicable new and
existing sources would remain applicable. See 71 FR 47675-47676 and
47683-47684 for a complete discussion of the proposed facility-wide
solvent emission limit and compliance options. Nothing in the proposed
rule precludes a facility from using a compliance option not identified
in the proposal. Sources may implement compliance options identified in
the MACT or whatever compliance options they choose regardless of
whether it is mentioned in the August 2006 proposal or the MACT.
B. What Is the New Information or Data That EPA Is Making Available for
Review and Comment?
Comments and data provided by the Halogenated Solvents
Industry Alliance (HSIA) concerning the technical infeasibility of
using solvent switching, retrofitting, and installation of vacuum-to-
vacuum machines on applications in the narrow tubing and aerospace
industries, facilities that use continuous web cleaners and large
military vehicle maintenance facilities. HSIA states that these
degreasing applications use large machines and the current low-emitting
cleaning machines are technically infeasible because these industries
degrease parts of uncommon sizes and shapes that these machines have
not been commonly designed to handle. The commenter provides instances
where particular companies have installed low-emitting equipment yet
were unable to meet the 1994 HSC NESHAP. The commenter stated that the
EPA should revise its emission reduction estimate for vacuum cleaning
machines and have this new estimate confirmed by companies that have
recently installed vacuum-to-vacuum machines.
Comments and data provided by the American Safety Razor
Company, concerning the technical infeasibility of solvent switching,
retrofitting and vacuum-to-vacuum machines for facilities using
continuous web cleaning machines because the cleaning process is so
unique and different from the other forms of degreasing, batch cold and
vapor cleaning. The commenter states that EPA incorrectly concluded
that solvent switching will work for continuous web cleaners because,
according to the commenter, a majority of alternative HAP and non-HAP
solvents are incompatible with its products. Without any supporting
data, the commenter also states that EPA's proposal significantly
overstates the potential for emission reductions in the source
category.
Comments and data provided by Delta Air Lines suggesting
that EPA should establish limits on each degreaser in terms of either
kilograms per degreaser or kilograms per square meter of solvent/air
interface area. The commenter indicates that low-emitting technology
such as the vacuum-to-vacuum machines are not feasible when considering
the unique shape and size of the parts they clean because of shape,
size, metallurgy, corrosion resistance and that many aerospace
maintenance procedures are approved by the Federal Aviation
Administration. The commenter further suggests that EPA create
emissions limits for an aerospace degreasing subcategory.
Comments and data provided by Spirit Aerosystems on
compliance options for the proposed facility-wide emissions limits. The
commenter compels EPA to consider regulatory approaches other than the
single facility-wide emissions limit that do not result in a
disproportionate and unfair regulatory burden on large facilities with
unique, complex and stringent production requirements related to
materials cleaning and for whom few compliance options are available.
In simple terms, the commenter states that reducing emissions to the
emission limit, when compared to smaller facilities, the aerospace
facilities faces greater liability and burden than most other
degreasing facilities.
Comments provided by Eastman Kodak Company indicate their
belief that facility-wide emission limits leave source owners only two
compliance options: (1) establish internal production restrictions or
(2) install add-on capture and control equipment to insure operating
flexibility.
Comments and data provided by narrow tubing manufacturers,
such as Salem Tubing, Superior Tubing, Plymouth Tubing, Accellent
Endoscopy and Summerill Tubing, on the technical infeasibility of
achieving the degree of emissions reduction projected by EPA. The
commenters contend that there may be no technology or degreasing method
available to their industry that would allow them to reduce emissions
further. The commenters state that switching to an alternative solvent
could present a myriad of problems including incompatibility with
materials being cleaned, solvent performance, and worker safety
concerns, especially with MC. The commenters also explain that many
facilities have retrofitted their equipment and that emission reduction
option would not be available to them. They also state that vacuum-to-
vacuum cleaning machines have not been engineered or built to the large
size necessary to effectively degrease specialized tubing such as 40-
foot lengths of tubing and large coils. The commenters provided data to
support these comments.
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
The EPA is soliciting comment on the new data provided. EPA also
seeks additional data and information concerning the specific comments
described above that relate to the three issues identified at the
outset of this NODA. In addition, with respect to narrow tubing
manufacturing facilities, aerospace manufacturing and maintenance
facilities, large military vehicle maintenance operations, facilities
that use multiple degreaser machines, and facilities that use
continuous web cleaners, EPA seeks
[[Page 75185]]
additional data and information from these facilities that includes,
but is not limited to, any technology or other methods or approaches
that may achieve the proposed emission limits. The EPA is also
requesting that commenters provide detailed comments if their responses
indicate that there are no technologies or other methods available or
feasible. Commenters may also provide details of any barriers that may
exist to prevent lowering of emission levels. The EPA further requests
that commenters provide data on the operational life expectancy of HSC
machines, and the difference in floor space needed to install low-
emitting machines.
IV. EPA's Proposed Cost Assessment
A. What Are the Estimated Compliance Costs?
Pursuant to the CAA section 112(f), EPA evaluated the remaining
risk to public health and the environment following implementation of
the technology-based rule for HSC machines. The EPA proposed more
stringent standards in order to protect the public health with an ample
margin of safety and to prevent adverse environmental impacts. In the
second step of the ample margin of safety analysis, EPA considered the
issue of costs consistent with section 112(f)(2).
EPA analyzed and presented the nationwide cost impacts and
emissions reductions associated with each of the six regulatory
alternatives identified in the proposal. Two of those alternatives
include the 25,000 kilograms per year (kg/yr) and 40,000 kg/yr of MC
equivalent alternatives noted above. See 71 FR 47681-47683 for a
complete discussion of our estimated costs to reduce HAP emissions from
HSC machines.
B. What Is the New Information EPA Is Making Available for Review and
Comment?
Comments and cost information for design and installation
of new vacuum-to-vacuum machines was provided by the narrow tube
manufacturers. They also included comments and data that indicates that
EPA's capital cost basis is approximately fifteen times below industry
projected costs range. They also indicate that EPA failed to factor in
the costs associated with facilities expanding current building to
accommodate vacuum-to-vacuum machines that may require a larger floor
space.
Comments and data provided by an aerospace industry
association indicates that EPA understated compliance costs for the
aerospace industry because any action by the facility to switch
solvents must go through a rigorous approval process to meet the
requirements of the original equipment manufacturer and the Federal
Aviation Administration (FAA) to ensure that safety and quality
criteria are met. This process is not a common process for other HSC
facilities. The commenter also reports that there are few manufacturers
of vacuum-to-vacuum degreasing machines and they are not aware if the
technology can effectively degrease parts of specific types and sizes.
The commenter reported that similar facilities that installed the
technology incurred costs of over $1 million with new annualized costs
of approximately $80,000 per year.
Comments and data provided by the HSIA indicating that EPA
failed to meet the duty to reasonably consider the economic effects of
the rulemaking on small businesses. Comments and data provided by HSIA
indicate that EPA's costs are understated because, in actuality, fewer
facilities than estimated by EPA can comply with the rule by switching
solvent, and more facilities would need to use a more costly method to
comply with the rule. The HSIA asserts that, even assuming that
emission control technology and/or low-emitting cleaning machines such
as vacuum-to-vacuum machines can be adapted to the very specific
degreasing requirements for the aerospace and the narrow tubing
industries, the cost of installing vacuum-to-vacuum machines at
facilities with very large degreasing operations would be cost
prohibitive. HSIA provides data supporting this assertion.
Comments and data provided by Plymouth Tubing indicate
that most companies using larger machines are able to purchase solvent
at significant savings, per unit cost. The commenter contends that EPA
solvent cost was estimated at $1.05 per pound. That cost is
significantly higher that the $0.71 per pound of fresh unused TCE the
commenter purchases. The commenter indicates that the cost savings EPA
anticipated with reduced solvent use is significantly overstated.
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
EPA is soliciting comment on the new data provided. EPA also seeks
additional data and information concerning the specific comments
described above that relate to the three issues identified at the
outset of this NODA. In addition, as for the narrow tubing
manufacturing facilities, aerospace manufacturing and maintenance
facilities, large military vehicle maintenance operations, facilities
that use multiple degreaser machines, and facilities that use
continuous web cleaners, EPA specifically seeks data and information
from these facilities including, but not limited to, information on the
costs (capital and operating) to achieve the proposed facility-wide
emission limits.
EPA also requests that commenters provide specific cost data on the
cleaning machines used by the above-named specific industries that may
include, but is not limited to, the costs of machine replacement with
low emitting machine technology, the costs associated with applying
emission capture and control technology, the costs of operating and
maintaining such systems, the costs of installing emission control
systems or low-emitting machines, the costs of clean unused solvent,
and the cost of switching solvent to a non-HAP solvent or to a solvent
with less health effects.
EPA is also requesting commenters that identify new technology,
methods or processes for compliance other than those EPA analyzed in
the proposed rule to provide the associated costs of such new
technology, methods or processes. Commenters may provide comments on
barriers to implementing new technology, methods or processes.
Commenters may also provide comments with supporting data on any
production rate increases or losses that may occur at the types of
facilities discussed in this notice when complying with the proposed
emission limits.
V. EPA's Proposed Compliance Schedule
A. What Is the Proposed Compliance Schedule?
In our proposed rule, we proposed a compliance deadline of 2 years
for existing sources of halogenated cleaning machines to comply with
the proposed emissions limits. We also indicated that the CAA section
112(f)(4)(B) states that EPA may grant a waiver of up to an additional
2 years after the effective date of a standard if more time is needed
to install controls or implement steps to assure that the health of
persons will be protected from imminent endangerment. We said we
believed the proposed compliance deadline was both reasonable and
realistic for any affected facility that has to plan their control
strategy, purchase and install the control device(s), and bring the
control device online. See 71 FR 47684 for a
[[Page 75186]]
complete discussion of the proposed compliance deadline.
B. What Is the New Information EPA Is Making Available for Review and
Comment?
Comments provided by Aerospace Industry Association and an
airline, indicating that changing solvents involves a rigorous approval
process to meet requirements of the Federal Aviation Administration
(FAA) and of the original equipment manufacturer (OEM). The commenter
indicates that such an approval process takes considerable time and
requires many steps.
Comments provided by HSIA indicated that a compliance
period of as much as 10 years would be required for industry to
complete the multi-step process of upgrading degreasing operations. The
commenter cites installations of new equipment at an existing facility
may require the following: (1) Extended time to test performance of
untried degreasing technologies for their particular application, (2)
additional or redesigned floor space, (3) customer approval of new
degreasing techniques and machines, (4) amending air permits; (5)
amending government agency directives on cleaning protocols. HSIA did
not submit data to support this comment.
Comments and data provided by the American Safety Razor
Company indicated that EPA should remain consistent with the proposed
HON rule and provide affected facilities three (3) years after the
effective date of the promulgated standard.
Comments and data provided by Salem Tubing Company on the
compliance period for sources of existing HSC machines and constructed
or reconstructed HSC machines after August 17, 2006. The facility
indicated that vacuum-to-vacuum cleaning is not a feasible option for
the narrow tube manufacturing industry because of the large size of
their degreasing machines and the fact that the vacuum-to-vacuum
technology is not currently available in the machines sizes required.
The commenter contends that in order to design, test and implement such
a system would take much longer than the proposed compliance period.
Comments provided by the HSIA indicated that the
compliance schedule should be amended to (1) require new facilities
constructed after the date of promulgation to be in compliance upon
startup; (2) consider new facilities constructed prior to the date of
promulgation to be existing facilities; (3) allow existing HSC
facilities that installed new equipment after the date of proposal, but
prior to the date of promulgation, 10 years to come into compliance
with any new requirements consistent with CAA section 112(i)(7), and
(4) allow the maximum amount of time possible for existing HSC
facilities to come into compliance.
C. What Additional Supporting Data or Documentation Do I Need To
Provide With My Comments?
EPA is soliciting comment on the new information provided described
above that relates to the issues identified at the outset of this NODA.
In addition, as for the narrow tubing manufacturing facilities,
aerospace manufacturing and maintenance facilities, large military
vehicle maintenance operations, facilities that use multiple degreaser
machines, and facilities that use continuous web cleaners, EPA
specifically seeks data and information from these facilities
including, but not limited to, information on the time to design and
install new HSC machines, the lifespan of the typical HSC machine used
in the facilities of interest (listed above), the time required to seek
additional permits from State and local air permitting agencies, the
time required for FAA and OEM approvals to vary or change degreasing
cleaning procedures, whether a 2-year or a 3-year compliance period is
appropriate, or data on how much time it would take to comply with the
proposed requirements.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 8, 2006.
Stephen D. Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. E6-21296 Filed 12-13-06; 8:45 am]
BILLING CODE 6560-50-P