Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24765

proposes to amend 14 CFR part 71 as

follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6010(a) Domestic VOR Federal

Airways.

* * * * *

V–165 [Revised]

From Mission Bay, CA; INT Mission Bay

270° and Oceanside, CA, 177° radials;

Oceanside; 24 miles, 6 miles wide, Seal

Beach, CA; 6 miles wide, INT Seal Beach

287° and Los Angeles, CA, 138° radials; Los

Angeles; INT Los Angeles 357° and Lake

Hughes, CA, 154° radials; Lake Hughes; INT

Lake Hughes 344° and Shafter, CA, 137°

radials; Shafter; Porterville, CA; INT

Porterville 339° and Clovis, CA, 139° radials;

Clovis; 68 miles, 50 miles, 131 MSL,

Mustang, NV; 40 miles, 12 AGL, 7 miles, 115

MSL, 54 miles, 135 MSL, 81 miles, 12 AGL,

Lakeview, OR; 5 miles, 72 miles, 90 MSL,

Deschutes, OR; 16 miles, 19 miles, 95 MSL,

24 miles, 75 MSL, 12 miles, 65 MSL,

Newberg, OR; 32 miles, 45 MSL, INT

Newberg 355° and Olympia, WA, 195°

radials; Olympia; Penn Cove, WA; to

Bellingham, WA.

* * * * *

V–287 [Revised]

From Fort Jones, CA, via INT Fort Jones

041° and Rouge Valley, OR, 157° radials;

Rouge Valley; North Bend, OR; Newberg, OR;

Battle Ground, WA; 20 miles, 51 miles, 45

MSL, Olympia, WA; INT Olympia 005°T

(346.32°M) and Paine, WA, 256°T (236°M)

radials; Paine; to Penn Cove, WA.

* * * * *

Issued in Washington, DC, on April 27,

1998.

John S. Walker,

Program Director for Air Traffic Airspace

Management.

[FR Doc. 98–11855 Filed 5–4–98; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG–121755–97]

RIN 1545–AV86

Reorganizations; Nonqualified

Preferred Stock; Hearing Cancellation

AGENCY: Internal Revenue Service,

Treasury.

ACTION: Cancellation of notice of public

hearing on notice of proposed

regulations.

SUMMARY: This document provides

notice of cancellation of a public

hearing on proposed regulations relating

to the receipt of nonqualified preferred

stock in certain exchanges.

DATES: The public hearing originally

scheduled for Tuesday, May 5, 1998,

beginning at 10 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT:

LaNita Van Dyke of the Regulations

Unit, Assistant Chief Counsel

(Corporate), 202) 622–7190, (not a tollfree number).

SUPPLEMENTARY INFORMATION: The

subject of the public hearing is under

section 356(e) of the Internal Revenue

Code. A notice of proposed rulemaking

by cross-reference to temporary

regulations and notice of public hearing

appearing in the Federal Register on

Tuesday, January 6, 1998 (63 FR 453),

announced that the public hearing on

the proposed rulemaking would be held

on Tuesday, May 5, 1998, beginning at

10:00 a.m., in Room 2615, Internal

Revenue Building, 1111 Constitution

Avenue NW, Washington DC.

The public hearing scheduled for

Tuesday, May 5, 1998, is cancelled.

Cynthia E. Grigsby,

Chief, Regulations Unit, Assistant Chief

Counsel, (Corporate).

[FR Doc. 98–11804 Filed 5–4–98; 8:45 am]

BILLING CODE 4830–01–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6007–4]

National Emission Standards for

Hazardous Air Pollutants: Halogenated

Solvent Cleaning

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; proposed

compliance extension.

SUMMARY: On December 2, 1994, the

EPA issued the ‘‘National Emission

Standards for Hazardous Air Pollutants:

Halogenated Solvent Cleaning’’.

Elsewhere in today’s Federal Register,

the EPA is announcing an immediate 3-

month stay of the effectiveness of that

standard for continuous web cleaning

machines using halogenated hazardous

air pollutant (HAP) solvents for good

cause pursuant to section 553(b)(3)(B) of

the Administrative Procedures Act.

This action proposes a temporary

extension of the applicable compliance

date beyond the 3 months of the stay for

up to 1 year to complete analysis of

equivalent methods of control for

continuous web cleaning machines

using halogenated HAP solvents.

DATES: Comments. Comments must be

received on or before June 4, 1998,

unless a hearing is requested by May 15,

1998. If a hearing is requested, written

comments must be received by June 19,

1998.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than May 15, 1998. If a hearing is

held, it will take place on May 20, 1998,

beginning at 10:00 a.m.

ADDRESSES: Comments. Interested

parties may submit written comments

(in duplicate, if possible) to: Air and

Radiation Docket and Information

Center (6102), Attention, Docket No. A–

92–39, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC 20460. Comments on the proposed

changes to the national emission

standards for hazardous air pollutants

(NESHAP) also may be submitted

electronically by sending electronic

mail (e-mail) to: a-and-rdocket@epamail.epa.gov.

Public Hearing. If a public hearing is

held, it will be held at the EPA’s Office

of Administration Auditorium, Research

Triangle Park, North Carolina. Persons

interested in attending the hearing or

wishing to present oral testimony

should notify Mrs. Kim Teal, U.S.

Environmental Protection Agency,

Research Triangle Park, N.C. 27711,

telephone (919) 541–5580.

FOR FURTHER INFORMATION CONTACT: For

information concerning the standards

and the proposed changes, contact

Mr. Paul Almo ́dovar, Coatings and

Consumer Products Group, Emission

Standards Division (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, NC 27711;

telephone (919) 541–0283. For

information regarding the applicability

of this action to a particular entity,

contact Mrs. Tracy Back, Manufacturing

Branch, Office of Compliance (2223A),

U.S. EPA, 401 M Street, SW,
24766 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

Washington, DC 20460; telephone (202)

564–7076.

SUPPLEMENTARY INFORMATION:

Electronic Comment Submission

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comments also will be

accepted on diskette in WordPerfect 5.1

or ASCII file format. All comments in

electronic form must be identified by

the docket number A–92–39. No

confidential business information

should be submitted through e-mail.

Electronic comments may be filed online at many Federal Depository

Libraries.

Regulated Entities

Entities potentially regulated by this

action are owners or operators of

individual continuous web cleaning

machines using any solvent containing

methylene chloride, perchloroethylene,

trichloroethylene, 1,1,1 trichloroethane,

carbon tetrachloride, or chloroform, or

any combination of these halogenated

HAP solvents in a concentration greater

than 5 percent by weight, as a cleaning

or drying agent. Regulated categories

include:

Category Examples of regulated entities

Industry ........ Facilities engaging in cleaning

operations using halogenated solvent cleaning

machines.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities that the

EPA is now aware potentially could be

regulated by this action. Other types of

entities not listed in the table also could

be regulated. To determine whether

your facility [company, business,

organization, etc.] is regulated by this

action, you should carefully examine

the applicability criteria in § 63.460 of

the NESHAP for halogenated solvent

cleaning operations that was

promulgated in the Federal Register on

December 2, 1994 (59 FR 61801) and

codified at 40 CFR part 63, subpart T.

If you have questions regarding the

applicability of this action to a

particular entity, consult Mrs. Tracy

Back at the address listed in the

preceding FOR FURTHER INFORMATION

CONTACT section.

The information presented below is

organized as follows:

I. Background

II. Summary of and Rationale for Proposed

Compliance Extension

III. Proposed Compliance Extension

IV. Solicitation of Comments

V. Administrative Requirements

a. Docket

b. Paperwork Reduction Act

c. Executive Order 12866

d. Regulatory Flexibility

e. Regulatory Review

f. Unfunded Mandates Act

I. Background

On December 2, 1994 (59 FR 61801),

the EPA promulgated the NESHAP for

halogenated solvent cleaning

operations. These standards were

codified as subpart T in 40 CFR part 63.

These standards established equipment

and work practice standards for

individual batch vapor, in-line vapor,

in-line cold, and batch cold solvent

cleaning machines using any solvent

containing methylene chloride,

perchloroethylene, trichloroethylene,

1,1,1 trichloroethane, carbon

tetrachloride, or chloroform, or any

combination of these halogenated HAP

solvents in a concentration greater than

5 percent by weight, as a cleaning or

drying agent.

Under § 63.469 of the halogenated

solvent cleaning NESHAP, the

Administrator may approve the use of

equipment or procedures that have been

demonstrated to be equivalent in terms

of reducing emissions of methylene

chloride, perchloroethylene,

trichloroethylene, 1,1,1 trichloroethane,

carbon tetrachloride, or chloroform to

the atmosphere, to those prescribed for

compliance within a specified

paragraph of the NESHAP. Since the

rule was promulgated, two owners and

operators of affected halogenated

solvent cleaning machines have

requested approval for equivalent

methods of control determinations for

their continuous web cleaning machines

because the rule does not presently

address their situation. In addition, the

EPA has become aware of several other

continuous web cleaning machines

experiencing difficulties in determining

how to comply with the NESHAP. In

each case, the emission control

requirements specified by the NESHAP

would be difficult or impossible to

implement due to the operating and

emission characteristics of these

machines. Case-by-case equivalency

determinations would be required to

ensure that each machine is applying

alternative control measures that

achieve the same or better emission

reductions as the NESHAP-required

controls. Such a case-by-case approach

would be unduly burdensome for both

the affected sources and the EPA.

Therefore, the EPA is conducting an

evaluation of methods of control for all

continuous web cleaning machines to

determine which emission control

measures would be equivalent to the

NESHAP.

II. Summary of and Rationale for

Proposed Extension

As indicated above, since

promulgation of the halogenated solvent

cleaning NESHAP on December 2, 1994,

the EPA has become aware of the

existence of various sources cleaning

parts such as film, coils, wire, and metal

strips at speeds in excess of the 11 feet

per minute limit in the NESHAP using

halogenated cleaning machines. Parts

are generally uncoiled, cleaned such

that the same part is simultaneously

entering and exiting the solvent

cleaning machine, and then recoiled or

cut. These solvent cleaning machines

are typically referred to as continuous

web cleaning machines. The design and

operation, and therefore, the emission

characteristics of these machines are

different from the solvent cleaning

machines (e.g., batch cold cleaners, inline cleaners) that the EPA analyzed

during the NESHAP rule development

process.

In-line cleaning machines have

automated parts handling systems, such

as conveyors, to move parts through the

cleaning machine. Continuous web

cleaning machines do not have a ‘‘true’’

automated parts handling system;

instead the whole part (the coil, wire,

film, etc.) is pulled through the solvent

cleaning machine. The halogenated

solvent cleaning NESHAP requires that

the automated parts handling system on

an in-line cleaning machine be capable

of moving the parts at 11 feet per minute

or less as a basic design requirement.

However, process speeds for the

continuous web cleaning processes that

the EPA has information on range

between 40 feet per minute and 1,200

feet per minute.

Air emissions from continuous web

cleaning machines are primarily due to

solvent drag-out or solvent carry-out on

the cleaned parts. The controls required

by the halogenated solvent cleaning

NESHAP to reduce drag-out emissions

require that parts be held inside the

solvent cleaning machine for a specified

period of time, depending on the part

being cleaned, until solvent dripping

stops. This technique is called dwell

time. Dwelling parts when using a

continuous web cleaning machine is not

technically feasible due to the high rates

of speed at which the parts are being

cleaned. Continuous web cleaning

machines generally use squeegees,

rubber stoppers, or fabric pads to

remove pooled solvent from the surface

of the parts being cleaned before they

exit the machine.
Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules 24767

In order for the EPA to evaluate

methods of emission control for

continuous web cleaning machines

using halogenated HAP solvents, and

therefore, better regulate HAP emissions

from these machines, the Agency is

proposing a temporary extension of the

applicable compliance dates.

III. Proposed Compliance Extension

Elsewhere in today’s Federal Register,

the EPA is announcing a 3-month stay

from the requirements of the

halogenated solvent cleaning machine

NESHAP for continuous web cleaning

machines using halogenated HAP

solvents for good cause pursuant to

section 553(b)(3)(B) of the

Administrative Procedures Act.

However, the EPA may not be able to

complete evaluation of equivalent

methods of control for continuous web

cleaning machines and any appropriate

curative regulatory action to the rule

within 3 months. If the EPA does not

complete the equivalency determination

and rulemaking in this timeframe, then

it will be necessary to temporarily

extend the applicable compliance dates

until the EPA completes final

rulemaking action. By this action the

EPA proposes, pursuant to section

301(a)(1) of the Clean Air Act (CAA), 42

U.S.C. 7601(a)(1), a temporary extension

of the compliance dates for continuous

web cleaning machines using

halogenated HAP solvents. The EPA is

proposing to extend the compliance

dates to August 3, 1999, 1 year after the

3-month stay.

IV. Solicitation of Comments

The EPA specifically requests

comment on the following issues:

1. Applications in which continuous

web cleaning machines are used.

Information supplied should include

industries that use these machines,

types of products cleaned (e.g., material

out of which parts are made, size of

parts), types of solvents used for

cleaning, and a general description of

the cleaning process.

2. Design and operational parameters

of continuous web solvent cleaning

machines. Information supplied should

include machine dimensions, solvent

capacity, rate of speed at which parts

are cleaned, estimate of solvent usage on

a yearly basis, solvent application

method (e.g., spraying, flooding), and

any other information relevant to the

design and operation of the solvent

cleaning machine.

3. Emission reduction techniques/

controls used on continuous web

cleaning machines. Information

supplied should include control

efficiencies, monitoring parameters and

procedures, and costs of the controls

(e.g., capital costs, operating costs).

V. Administrative Requirements a.

Docket

A. Docket

A–92–39 is an organized and

complete file of all of the information

submitted to, or otherwise considered

by, the EPA in the development of this

rulemaking. The docket is a dynamic

file, since material is added throughout

the rulemaking development. The

docketing system is intended to allow

members of the public to readily

identify and locate documents to enable

them to participate effectively in the

rulemaking process. The contents of the

docket serves as the record in case of

judicial review (except for interagency

review materials) (§ 307(d)(7)(A) of the

CAA, 42 U.S.C. 7607(d)(7)(A)).

B. Paperwork Reduction Act

There are no additional information

collection requirements contained in

this proposal. Therefore, approval under

the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501, et seq.,

is not required.

C. Executive Order 12866

Under Executive Order 12866, the

EPA is required to determine whether a

regulation is ‘‘significant,’’ and

therefore, subject to Office of

Management and Budget review and the

requirements of this Executive Order to

prepare a regulatory impact analysis.

The Executive Order defines

‘‘significant regulatory action’’ as one

that is likely to result in a rule that may

(1) have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or Tribal governments or

communities; (2) create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency; (3) materially alter the

budgetary impact of entitlements,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) raise novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of Executive

Order 12866, it has been determined

that this action is not a ‘‘significant

regulatory action’’ within the meaning

of the Executive Order because it

proposes a temporary extension of the

applicable compliance dates beyond the

3 months of the stay for up to 1 year to

complete evaluation of equivalent

methods of control for continuous web

cleaning machines using halogenated

HAP solvents.

D. Regulatory Flexibility

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C.

605(b), I certify that this rule will not

have a significant economic impact on

a substantial number of small entities.

This notice proposes a temporary

extension of the applicable compliance

dates beyond the 3 months of the stay

for up to 1 year to complete equivalent

methods of control determinations for

continuous web cleaning machines

using halogenated HAP solvents. This

proposal will not place any additional

requirements on any entity affected by

this rule, including small entities.

Therefore, these amendments will not

have a significant impact on a

substantial number of small entities.

Under the Regulatory Flexibility Act,

an agency is not required to prepare a

regulatory flexibility analysis for a rule

that the agency head certifies will not

have a significant economic impact on

a substantial number of small entities.

Consequently, a regulatory flexibility

analysis is not required and has not

been prepared.

E. Regulatory Review

In accordance with sections 112(d)(6)

and 112(f)(2) of the CAA, 42 U.S.C.

7412(d)(6) and 7412(f)(2), this regulation

will be reviewed within 8 years of the

date of promulgation. This review may

include an assessment of such factors as

evaluation of the residual health risk,

any overlap with other programs, the

existence of alternative methods of

control, enforceability, improvements in

emission control technology and health

data, and recordkeeping and reporting

requirements.

F. Unfunded Mandates Act

The economic impact analysis

performed for the original rule showed

that the economic impacts from

implementation of the promulgated

standards would not be ‘‘significant’’ as

defined in Executive Order 12866. No

changes are being made in these

amendments that would increase the

economic impacts. The EPA prepared

the following statement of the impact of

the original rule in response to the

requirements of the Unfunded Mandates

Reform Act.

There are no Federal funds available

to assist State, local, and Tribal

governments in meeting these costs.

There are important benefits from

volatile organic compounds and HAP

emission reductions because these
24768 Federal Register / Vol. 63, No. 86 /Tuesday, May 5, 1998 / Proposed Rules

compounds have significant adverse

impacts on human health and welfare,

and on the environment. The rule does

not have any disproportionate budgetary

effects on any particular region of the

nation, State, local, or Tribal

government, or urban, rural, or other

type of community. Moreover, the rule

will not have a material effect on the

national economy.

Throughout the regulatory

development process prior to issuing

the final rule on December 2, 1994, the

EPA provided numerous opportunities

for consultations with interested parties

(e.g., public comment period;

opportunity for a public hearing [none

was requested]; meetings with industry,

trade associations, State and local air

pollution control agency

representatives, environmental groups,

State, local, and Tribal governments,

and concerned citizens). Although small

governments are not significantly or

uniquely affected by this rule, these

procedures, as well as additional public

conferences and meetings, gave small

governments an opportunity to give

meaningful and timely input and obtain

information, education, and advice on

compliance.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Halogenated solvent

cleaning machines, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: April 27, 1998.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is proposed to be

amended as follows:

PART 63—[AMENDED]

1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart T—National Emission

Standards for Halogenated Solvent

Cleaning

2. Section 63.460 is amended by

revising paragraphs (c) and (d), and

adding paragraph (g) to read as follows:

§ 63.460 Applicability and designation of

source.

* * * * *

(c) Except as provided in paragraph

(g) of this section, each solvent cleaning

machine subject to this subpart that

commences construction or

reconstruction after November 29, 1993

shall achieve compliance with the

provisions of this subpart immediately

upon start-up or by December 2, 1994,

whichever is later.

(d) Except as provided in paragraph

(g) of this section, each solvent cleaning

machine subject to this subpart that

commenced construction or

reconstruction on or before November

29, 1993 shall achieve compliance with

the provisions of this subpart no later

than December 2, 1997.

* * * * *

(g) Each continuous web cleaning

machine subject to this subpart shall

achieve compliance with the provisions

of this subpart no later than August 3,

1999.

[FR Doc. 98–11752 Filed 5–4–98; 8:45 am]

BILLING CODE 6560–50–P